Are you cohabiting? Do you know what your rights are? If you have lived with your partner for more than two years, you should know that, even if you are not married, you have rights similar to those of a married couple. Therefore, you must register it with the National Superintendency of Public Registries to avoid being unprotected. Do you know what the procedures are? In this note, we explain it.
Cohabitation, concubinage or de facto marriage is a legal figure that protects cohabitants who adopt it n. It is, in practice, a type of informal marriage where filiation is obtained through mutual recognition of the couple. Hodgson Law Offices advice that it is important to register it to obtain important rights.
What Is A Cohabitation Union?
According to legislation, the Cohabitation union is the free and voluntary coexistence between a man and a woman free of marital impediment, which has lasted at least two continuous years, to achieve purposes and fulfill duties similar to marriage.
What is the difference with marriage? Unlike marriage, where there is the option of choosing between the community property regime and the property regime of separation of assets, in a de facto union, the property regime is unique and mandatory; that is, all the assets and income obtained during the marriage. The validity of the cohabitation belongs to the spouses in equal shares.
What Rights Does The Cohabitation Union Have?
These are the main rights that are acquired with the de facto union or concubinage:
- The property regime of a community property
- Right to food between cohabitants
- Health rights
- Inheritance rights
- Widow’s pension
- Allows the possibility of adopting
How To Request A Defacto Union In A Notary Office?
These are the requirements that, in general terms, notaries ask for to register a de facto union with spokane unmarried cohabitation attorney for example.
Application that includes the names and signatures of both applicants and the express recognition that they have lived together continuously for no less than two years.
Declaration that the applicants are free of marital impediment and that none of them have a life in common with another man or woman, as the case may be.
Domiciliary Certificate Of The Applicants.
Negative certificate of de facto union for both the man and the woman, issued by the Registry of Natural Persons of the registry office where the applicants live.
Two witnesses indicate that the applicants have been living together for two continuous years or more.
Other documents prove that the de facto union has existed for at least two years.
The notary public will issue the public deed with the declaration of recognition of the de facto union between the cohabitants, which will be sent to the Registry of Natural Persons of the Sunarp of the place where they live.
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