The de facto couple is a family institution other than marriage, which consists of the coexistence between two people with the interests of establishing a family coexistence and an affective relationship.
The de facto couple is the union of two people, in the case of Spain, regardless of sex, who have a stable relationship of affection, but do not want to marry and live in the same home, without having to have children in common.
In Spain, the regulation of de facto couples is not state-owned, but rather an autonomous regulation, which is why it is a very disparate regulation.
Requirements to be a domestic partner
In order to be a de facto couple, it must be:
- People must be of legal age or emancipated and not be disabled.
- That there is no kinship between them.
- Not be married
- Accredit a period of time of coexistence, it depends on each autonomous community that time.
- In some autonomous communities it is necessary to register in a public registry.
Like marriage, common-law couples will be governed by a regime of community property, separation of property or participation.
Domestic partner rights
What rights does the domestic partner have?
- Domestic partners are entitled to a widow's pension as long as certain requirements are met, such as, for example, having lived with the deceased person for at least 5 years without interruption before death.
- Couples in fact have the same relationship between parents and child as does marriage. Parental authority is irrelevant if the parents are a common-law partner or spouse.
- De facto couples have the right to establish an economic regime before a notary.
Instead there are several differences with marriage:
- The de facto couple does not have the right to inheritance as a forced heir, if the couple wants to inherit they must establish it in a will.
- Another difference with marriage is that common-law couples cannot make a joint personal income tax return.