A domestic partnership is the union of two people who live in a regime of daily coexistence, prolonged in time, practiced in a stable and public way, thus forming a community of life analogous to a marriage.
The Civil Code of Catalonia establishes a regulation of de facto couples, called situations of stable cohabitation as a couple, setting the requirements so that a union of two people can be considered as such and the consequences that occur upon its termination. However, a global vision of unmarried couples requires taking into account other laws, since the requirements are not always the same, therefore, when nothing is said to the contrary, all references are to Catalan legislation.
In order for the union of two people, homosexual or heterosexual, to be considered a domestic partnership, any of the following requirements must be met, in addition to cohabitation:
1.- The coexistence must have a duration of two uninterrupted years.
2.- During the cohabitation you must have a joint child.
3.- The coexistence must be formalized in a public deed before a Notary.
It is not necessary to register in the municipal registers, which would only serve as a means of proof of coexistence.
B.- EFFECTS DURING COEXISTENCE–
During the cohabitation, the specific way in which it will develop is something that is left to the free agreement between the parties, with the limitations that exist derived from the need to protect the interests of the children and that from the patrimonial point of view any act of disposition (sale or mortgage) of the family home, even when it belongs to only one of the members of the couple, the consent of the other is required.
In the event that the couple is formalized before a Notary, it is normal to determine that the contribution of each of the members to common expenses (water supplies, electricity, telephone, rent, food acquisition...) is in proportion to their resources.
C.- EXTINCTION OF THE PARTNERSHIP
Perhaps the fundamental difference of de facto couples compared to marriages is the less formal nature of extinction, since it does not require going to court for a divorce to be decreed, rather it is enough:
a.- The cessation of the coexistence with rupture of the community of life;
b.- The death or declaration of death of one of the cohabitants;
c.- The marriage of any of the cohabitants;
d.- The common agreement of the cohabitants formalized in a public deed;
e.- The will of one of the cohabitants reliably notified to the other.
D.- CONSEQUENCES OF THE EXTINCTION OF THE PARTNERSHIP.
In order to establish the consequences of the extinction of common-law couples, I believe that two cases must be differentiated: extinction due to the death of one of the members and the remaining ones.
to.- In the event that the extinction of the couple occurs due to the death of one of the parties, the survivor has the following rights:
1.- To an economic compensation if you have worked for the house or for the other without remuneration or with an insufficient remuneration, with the corresponding legal limits, and that should be claimed from the heirs;
2.- To the ownership of clothing, furniture and utensils that make up the trousseau of the family home;
3.- To continue using the family home and to be fed by the deceased's estate, during the year following the death, in accordance with the standard of living that the couple had maintained and the importance of that estate.
4.- And in case there is no will, the survivor has a position equal to that of a spouse, so that concurring with children of the deceased, he has the right to universal usufruct of his inheritance, and in the absence of children he will be the direct heir of the deceased in preference to their parents.
b´.- In the event that the couple is extinguished for reasons other than the death of one of the parties, it must be determined:
1.- How guardianship and custody will be exercised over common children;
2.- Who will be entitled to use the family home;
3.- If there is a right to economic compensation for having worked for the house substantially more than the other or has worked for the other without pay or with insufficient pay;
4.- And finally, if there is a right of any of the cohabitants to claim a food benefit from the other, if they need it to adequately attend to their support. The alimony benefit, if applicable, can be attributed in the form of capital either in the form of a pension. In the form of a pension, it is temporary, with a maximum of three annuities, unless the benefit is based on the decrease in the creditor's ability to earn income derived from the guardianship of common children. In this case, it can be attributed for the duration of the custody.
All these consequences can be agreed, with certain limits, during the union (they would be the agreements in anticipation of the rupture) or once the extinction of the union has occurred (in a similar way to what is a regulatory agreement of divorce). In the absence of agreement between the parties, it would be the judge who would determine the consequences of the extinction of the couple.
E.- TAX ASPECTS AND SOCIAL BENEFITS OF DOMESTIC PARTNERS
In all those taxes, as well as in all the regulations on social services and benefits that depend on the Generalitat de Catalunya, the de facto couple is equated to marriage.
In state taxes there is no equalization of common-law partnership and marriage. The most striking consequence is that it will not be possible to present the joint declaration in the IRPF.
The Criminal Code does recognize the right of the family or a third party (cohabitant or partner in a domestic partnership) to receive compensation in the event of death and for material and non-material damage derived, for example, from a traffic accident.
For its part, the right to health care is recognized both for the spouse, in the case of marriages, and for the partner with whom the holder of the right lives. In these cases, it will be necessary to prove a minimum period of coexistence of one year with the holder of the right.
F.- RESIDENCE PERMIT FOR FOREIGNERS
Being considered a domestic partner of a Spanish citizen or resident in Spain, holder of a long-term residence permit, entitles, along with other requirements, to obtain a residence permit in Spain.
F.- WIDOW'S PENSION AND SOCIAL SECURITY.
In order to qualify for a widow's pension, the General Social Security Law considers a de facto partner to be a couple, with an emotional relationship analogous to that of a spouse, by those who, not being prevented from marrying, do not have a marital relationship with another person and prove , by means of the corresponding certificate of registration, a stable and notorious coexistence immediately after the death of the deceased and with an uninterrupted duration of not less than five years.
The judgment of the Supreme Court 3821/2015 of June 30 allows unmarried couples to collect the widow's pension even if they have not been registered for two years or did not have a public document of incorporation, despite what Article 174.3 LGSS says.
G.- RENTAL RIGHTS
The Law of Urban Leases to be able to opt for the subrogation of the rental contract requires a duration of the couple of two years or that there are descendants.
PS.- This entry is a corrected view of the domestic partnership regime that has been so well received, manifested in the thousands of existing entries since its first publication. We hope it continues to be useful to your readers.
H.- REGISTRATION OF DOMESTIC PARTNERS
For this matter I refer you to this entrance from the blog