Ended cohabitation? Learn what needs to be addressed and how to divide property fairly.

A separation process is emotionally demanding. It can become even more challenging when it involves dealing with bureaucracy, changing address, or dealing with heritage issues. But it is possible to do it with support, in a calmer way.

If you are going through a similar situation, count on the support of Poupança no Minuto, you can receive free and personalized accompaniment, especially if it concerns a housing loan. Before that, see what you need to know in this process.

How to dissolve a de facto union?

First, note that being in a common-law relationship means living together with another partner for more than two years, under conditions similar to those of two married individuals: couple living in the same property, sharing a life in common.

Common-law marriage must be recognized by the Parish Council where the couple lives, in order to obtain a proof declaration. In this case, if it is necessary to dissolve the union, and one of the members changes the tax residence, is that sufficient to declare the dissolution to the Tax Authority?

The answer is no: in order to dissolve the informal union officially, you must proceed in the same way as to obtain the status.

To end a de facto union, whether through separation, marriage, or one member's death, a written document proving the termination will be necessary.  

This statement, under commitment of honor, must be signed and indicate the date it occurred. It is worth highlighting that if one of the members does not want or cannot sign, the statement can be signed and delivered to the Parish Council by only one member.

It is important to know that recognition and termination of de facto union, through a proof document, are not mandatory procedures. However, they should be done if you want to exercise any rights under this status, for example with the Tax Office, for IRS purposes.

Common property: What happens?  

And legally, what happens to common-law partners who share a common household in case of union termination?

On a legal level, unmarried couples are entitled to a home protection similar to what happens in case of divorce. If there is no agreement, the property is assigned by the court to the member of the couple who needs the home the most. This applies whether the property is rented, owned by both, or only by one.

This is the general rule: in case there are no children of the couple, the property should stay with the individual who needs it most. This is identified through the analysis of both individuals' economic situation, age, health status, location in relation to work, and circumstances regarding the possibility of either of them having another place to live.

Even if the house was acquired by one of the members of the couple, an evaluation of both situations is carried out. If it is declared that the other member should live in the property, the court identifies a rental value that this member must pay to the former de facto partner who is the owner of the house.

The same happens if the property of the house belongs to both, the neediest remains living on the premises and must pay the rent amount stipulated by the court to the other member.

Note that court intervention is only necessary if the de facto partners, now separated, are unable to reach a decision agreed upon by both.

If you are reorganizing your life after the end of a common-law union and have doubts related to housing credit, talk to Poupança no Minuto. Our credit intermediaries help you find the best solution, with total independence and at no cost.

We support you clearly, with empathy and speed, so that this new chapter of your life begins with stability.