Did the common-law union end? Learn what to handle and how to divide property fairly.
Common-law marriage is a status attributed to a couple who share a life together, but are not married. However, is there any procedure to recognize this status? And, in that sense, how to separate the union and divide assets, like a house? This is what we will explain in the article.
A separation process is already painful in itself. But it can be even more so when dealing with bureaucracies and/or changing address. It is the (re)start of a new life, but it can be done with help... If you are going through a similar situation, count on the support of the real estate agency Casa no Minuto to find your new home, and the credit intermediaries of Poupança no Minuto in case of housing credit. But first, read the steps you should follow in this process.
How to dissolve a de facto union?
Firstly note that being in a common-law marriage means living together with another partner for more than two years, under conditions similar to two married individuals: couple living in the same property, sharing a common life.
Common-law marriage must be recognized by the Parish Council where the couple lives, in order to obtain a certificate. In this case, if it is necessary to separate the union, and one of the members changes the fiscal address, is that sufficient to declare the dissolution to the Tax Authority?
The answer is no: in order to dissolve the common-law union officially, you must proceed in the same way as to obtain the status.
So, to end a common-law union, whether due to separation of the couple, marriage, or even the death of one of them, a written document proving the termination will be necessary.
This declaration, under a sworn statement, must be signed and indicate the date of when it occurred. It is worth noting that if one of the members does not want or cannot sign, the declaration can be signed and delivered to the Parish Council by only one member.
It is important to know that recognition and termination of the common-law relationship, 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 real estate: What happens?
And what happens, legally, to the de facto partners who share a common household in the event of the termination of the union?
On a legal level, the couple in a de facto union is entitled to protection of the home as in the case of divorce. If there is no consensus, the property is assigned by the court to the member of the couple who needs the house the most. This applies whether the property is rented, purchased by both, or by only one.
This is the general rule: in case there are no children from the couple, the property should go to the individual who needs it the most. This is identified through analysis of the economic situation of both, age, health status, location in relation to the workplace, and context regarding the possibility of either of them having another place to live.
Even if the house has been acquired by one of the couple members, the assessment of both situations moves forward. If it is declared that the other member should live in the property, the court identifies a rental amount that must be paid to the former common-law partner who is the owner of the house.
The same happens if the property of the house belongs to both, the neediest remains to live in the place and must pay the rent amount stipulated by the court to the other member.
Note that only court intervention is needed if the de facto partners, now separated, cannot reach a decision agreed upon by both.
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