A civil union creates a legal bond that affects personal life, assets, housing and succession rights. If you are thinking of establishing one, or want to dissolve it, it is useful to understand what becomes common, what obligations arise and what happens to the accommodation used by the couple.
I will also explain a distinction that avoids several misunderstandings: a civil union does not coincide with simple cohabitation, but it does not reproduce in every detail the rules of marriage. We will see which protections operate automatically, which depend on the chosen property regime and which decisions require a formal agreement. In the part dedicated to the termination of the relationship I will clarify why a prior separation is not needed, when the three-month period begins and what alternatives exist between the Municipality, assisted negotiation and the court.
How a civil union is created and what obligations it entails
Two adult persons of the same sex may establish a civil union through a declaration made before the civil status officer in the presence of two witnesses. The act is registered, and the relative certificate shows, among other data, the chosen property regime and the residence of the parties.
Establishment is prevented, among other things, if one of the persons is already married or in a civil union, in the presence of certain family relationships or in cases expressly provided for by law. The fundamental rules are contained in article 1 of law no. 76 of May 20, 2016.
The parties have equal rights and equal duties. They must provide moral and material assistance, cohabit and contribute to common needs in proportion to their respective resources and working capacity, including housework. They also agree on the direction of family life and set the common residence.
The law does not reproduce for civil unions the duty of fidelity provided for in marriage rules. However, this does not eliminate the obligations of assistance, contribution and mutual respect. In the presence of conduct that is seriously prejudicial to physical or moral integrity or to the freedom of the other party, specific protection orders may be requested.
De facto cohabitation remains a different situation. It can receive certain protections and can be regulated by a cohabitation agreement, but it does not automatically grant the same complex of personal, property and succession rights deriving from a civil union. Common residence alone, therefore, does not replace the declaration before the civil status officer.
Community or separation of property: what changes
Community of property is the automatic regime if the parties do not make a different choice. In simple terms, many purchases made during the union enter the common estate even when the contract is concluded by only one party. However, this does not mean that every asset owned individually becomes common.
Assets already belonging to a party prior to the union, those subsequently received by donation or inheritance and other assets that the rules of community qualify as personal normally remain personal. For some purchases, the personal nature must appear from the deed and specific formal requirements may be necessary. The name on an invoice or the heading of an account, considered in isolation, do not always resolve the issue of ownership.
With the separation of property, each retains ownership of purchases made in their own name. If the parties buy together, the asset belongs to both in the shares indicated in the deed. This choice makes it easier to identify the respective properties, but it does not cancel the obligation to contribute to common needs nor does it prevent taking on debts jointly.
The regime can be chosen at the time of establishment or modified later through a property agreement drawn up in the form required by law. A simple private declaration between the parties is not enough to change the regime enforceable against third parties. Before modification, it is also necessary to consider assets already purchased: the new regime governs the future, while the existing common estate must be correctly regulated and, if necessary, divided.
Ownership and responsibility for debts are distinct issues. To understand who must pay, it is necessary to consider who signed the contract, for what purpose the obligation was assumed and which property regime operates. A loan signed by both parties can bind them both even if, in their internal relations, they had agreed that the installments would be borne by only one.
Common home, ownership and mortgage
Common residence does not automatically grant ownership of the home. If the property belonged to one party prior to the union, as a rule it remains their personal asset. If it is purchased during the community, it may instead enter the common estate; under separation of property, ownership depends on the purchase deed and the shares indicated.
It is important not to confuse the right to the property with the mortgage. The notarized deed indicates who is the owner; the loan contract establishes who is the debtor toward the bank. A person can be a co-owner without being the sole obligor for payment, or have signed the mortgage without owning a corresponding share. Internal agreements do not alter the rights of the credit institution on their own.
Incurred expenses do not always turn the payer into a co-owner. The payment of works, installments or furnishings for a home registered exclusively in the name of the other party can take on different meanings: contribution to common life, loan, fulfillment of an agreement or recoverable contribution. What counts are the reason for the payments, communications between the parties, the amount of the sums and the purpose concretely pursued.
If the home is rented, one must look at the lease agreement and the rules governing succession in the relationship. During the union, the use of the accommodation can be organized by the couple; upon termination of the bond, however, the availability of the property is decided not only based on who wishes to stay, but also on the ownership of the contract and any agreements reached.
Dissolution does not automatically transfer the home to the economically weaker party. If the property is common, alternatives can be maintaining co-ownership, attribution to one party with economic adjustment of the other's share, or sale. If it belongs to only a single party, the permanence of the other requires a different title, an agreement or a specific protection provided by law, for example in relation to children or a protection order.
Succession and protection of assets in the event of death
The party to the civil union has succession rights similar to those of the spouse in the provisions expressly recalled by Law no. 76 of 2016. They are a forced heir, meaning a person to whom the law reserves a portion of the inheritance even against a different testamentary will.
The concrete share changes based on the presence of children or other family members and the existence of a will. When the prerequisites are met, the rights of habitation over the home used as a family residence and of use over the furnishings also operate, if the property belonged to the deceased person or was common.
The will remains useful even in a civil union. It allows organizing the available portion of the estate, regulating individual assets and coordinating the protection of the surviving party with that of other heirs. However, it cannot eliminate the share reserved for other forced heirs. Donations made during lifetime and formal-only registrations can also affect succession calculations and generate subsequent disputes.
The law also extends to parties to a civil union numerous provisions that, outside the civil code, refer to the spouse. Among the effects to be considered are, when respective requirements exist, survivors' pensions and allowances due in the event of the worker's death. Simple cohabitation does not automatically produce the same result.
How a civil union is dissolved
A prior separation is not necessary. The party who wants to end the union can express their will before the civil status officer, even without a joint declaration. This expression does not immediately dissolve the bond: it allows proposing the petition for dissolution after three months.
The term runs from the declaration made to the civil status officer. Leaving the home, interrupting the relationship or sending a private communication to the other party does not replace this fulfillment. Until the perfection of the dissolution, the bond continues to exist with its legal effects.
If there is no agreement, the court decides. The proceeding may concern not only the termination of the bond, but also any allowance, the division of common assets and other connected claims that can be handled in that forum. The economic dispute does not allow the other party to indefinitely maintain the union against the will of the one who requests its dissolution.
When conditions are agreed upon, the parties may submit a joint petition to the court. This path allows submitting an overall arrangement to the judge and may be appropriate when it is necessary to coordinate multiple property issues, it being understood that real estate transfers require adequate form and fulfillment.
Assisted negotiation offers a consensual route with at least one lawyer for each party. The agreement can also regulate economic profiles and, under statutory conditions, a lump-sum allowance. The discipline is contained in article 6 of decree-law no. 132 of 2014. Any commitments regarding the transfer of real estate must be coordinated with the subsequent deed suitable to produce the real effect.
The agreement before the civil status officer is a simpler solution, but it cannot be used in every situation. Article 12 excludes this procedure in the presence of the categories of children indicated by the rule and does not allow the inclusion of property transfer covenants. Lawyer assistance is optional: the limits of the procedure result from article 12 of decree-law no. 132 of 2014.
Allowance, division of assets and economic choices
The allowance after dissolution is not automatic. The mere difference in income is not enough. The rules referred to for civil unions consider the economic conditions of the parties, the personal and economic contribution given to common life and the formation of estates, incomes, the duration of the bond and the absence of adequate means or the objective impossibility of procuring them.
These criteria derive from article 5 of law no. 898 of December 1, 1970, applied to civil unions within the limits established by law no. 76 of 2016. The assessment does not serve to divide all future income in equal parts, but to verify whether the prerequisites for economic protection are met.
The division of community is distinct from the allowance. With the former, it is established who is entitled to the assets and relationships included in the common estate; with the latter, any subsequent economic performance following dissolution is assessed. A party may be entitled to their share of assets without obtaining an allowance, or receive an allowance even if there are no common assets to divide.
The allowance can be periodic or, if conditions and an adequately formalized agreement exist, paid in a lump sum. Lump-sum payment requires particular attention, because it tends to definitively close economic claims of the same nature and does not allow reacting to subsequent events in the same way provided for a periodic allowance.
Before choosing the procedure, it is therefore useful to focus on a few concrete elements: property regime, purchase deeds, mortgage or lease contracts, any written agreements, consistency of income and payments made for assets registered in the name of the other party. These data serve to distinguish what already belongs to each person from what must be divided or regulated.
Frequently asked questions
Does a civil union grant the same rights as a registered cohabitation?
No, a civil union produces broader protections. Mutual obligations of assistance, cohabitation and contribution arise, a legal property regime operates and specific succession rights are recognized. De facto cohabitation retains a distinct discipline and does not automatically make the cohabitant an heir or holder of the same protections provided for the party joined in a civil union.
Is there a duty of fidelity in a civil union?
The law does not expressly provide for the duty of fidelity recalled for marriage. However, moral and material assistance, cohabitation, contribution to common needs and the duty to respect the integrity and freedom of the other party remain. Violation of these obligations can have consequences other than the simple cessation of the emotional relationship.
Can I switch from community to separation of property?
Yes, the property regime can be modified during the union through an agreement in the form required by law. The modification does not retroactively attribute exclusive ownership of assets already entered into the community: it is necessary to distinguish the new regime applicable to future purchases from the regulation and possible division of the existing common estate.
After dissolution, can I continue to live in the other party's home?
There is no automatic right to stay. Ownership, the lease contract, any agreements and specific protections provided in the presence of children or prejudicial conduct matter. Having contributed to expenses or works may establish, under certain circumstances, an economic claim, but does not necessarily turn the payer into an owner.
Is the consent of both parties required to dissolve the union?
No, the will of one party is sufficient to start the path. It must be expressed before the civil status officer and the petition can be proposed after three months. Agreement remains important to choose a consensual procedure and regulate economic aspects; if missing, dissolution and controversial issues can be submitted to the court.
How to orient yourself before deciding
The most suitable choice depends on the points still in dispute. If the estate is simple and all conditions are agreed upon, a consensual procedure may be sufficient. In the presence of real estate, mortgages, contested payments or requests for an allowance, it is necessary to coordinate the end of the bond with the economic effects, without confusing property, debts and maintenance. If you want to clarify these differences in your situation, you can contact me.