Ended common-law union? Find out what you should do and how to divide property fairly.

A separation process is already painful in itself. But it can be even more so when dealing with bureaucracies and/or changing addresses. It is the (re)start of a new life, but it can be done with help... If you are going through a similar situation, rely 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?

First of all, note that being in a de facto union means living together with another partner for more than two years, under conditions similar to those of two married individuals: a 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 certifying statement. In this case, if it is necessary to dissolve the union, and one of the members changes the tax address, is that enough to declare the dissolution to the Tax Authority?

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

So, in order to terminate a common-law union, whether by separation of the couple, marriage, or even death of one of the two, a written document proving the termination will be necessary.  

This statement, under the commitment of honor, must be signed and indicate the date 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 the recognition and ending of a common-law union, through a supporting document, are not mandatory procedures. However, they should be done if you want to exercise any right under this status, for example with the Tax Office, for IRS purposes.

Common property: What happens?

And what legally happens to unmarried couples who share a common household in the event of the termination of the union?

On a legal level, a couple in a de facto union is entitled to protection of the home as in the 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 more. This applies whether the property is rented, purchased by both, or even by just one.

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

Even if the house has been acquired by one of the members of the couple, the evaluation of both situations is carried out. If it is stated that the other member should live in the property, the court determines a rental value that they must pay to the former common-law spouse who owns the house.

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

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

Are we going to organize your new life? The real estate consultants from Casa no Minuto can help you find the right home, walking by your side throughout the buying process, as well as the credit intermediaries from Poupança no Minuto to find the credit suitable for you. Use free, efficient, and personalized services at this most sensitive moment, and minimize the impact on your wallet with the right proposals.