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.
A.- REQUIREMENTS.
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
I HAVE LIVED IN BARCELONA AS A PARTNER FOR 3 YEARS, MY PARTNER HAS 2 CHILDREN 14 AND 16 YEARS OLD AND I RETIRED IN AUGUST AND WOULD LIKE TO KNOW IF FORMING A DOMESTIC PARTNER WOULD HAVE ANY IRPF DISCOUNT THAT MAY BE APPLIED BY SOCIAL SECURITY.
Hello, I would like to know how I can find out if a person has made a public deed of a domestic partnership, is there a database or registry?
There is no registry, except the municipal ones.
hello im
Living here in Barcelona since almost 10 years
Now my wife who is german have child
We Want to apply for domestic partnership
What do I need for papers and where to submit them
I have a common-law partner in the town hall whose rights I have, I have been taking care of him for 8 years
Well, it depends on who intends to enforce those rights. The fact of taking care of it does not give a plus of any kind. And the rights depend on the applicable law
Hi, I've been with my partner for 2 years but we've only been living together for 4 months. Can't I register as a common-law partner?
The best thing is that they make a document of constitution of common-law couple, and all doubts are avoided
I have lived in Barcelona for 16 years with my partner and we have 1 child together. The flat we live in goes under my name. Now he wants to register as a common-law partner.
How would it affect if I wanted to sell the apartment in which we live?
I broke up with my ex of 7 months a little over a week ago. It was pretty much a relationship where we were both taking each other for granted. He eventually ended up coming over to my house and just said “I know what you’re going to say, it’s not working out” before I had a chance to. I then ran him out the door saying “you should leave now” and when he tried to say goodbye to my lab he was really rude. I basically said “what are you doing?! Just leave”. The worst part was when we got to the door I happily opened it and then said in a sing song voice “byeee!” and then when he said “see you soon?” he said “don’t you fucking won’t” and slammed the door. (Apologies for all the speech in the middle of the text). I feel so bad for breaking up with her in such a cold way after ending the relationship was both of our faults. On social media he seems to be doing great but I feel horrible and like a bitch. My friends tell me not to text an apology as it might seem like a desperate ex trying to get back together. However, I really just want to give the poor guy an apology, which I did but no way, I didn't get him back. I was so depressed and frustrated because I loved him. So I heard about a man who can help solve relationship problems and I contacted him on (prayerstosavemarriage@hotmail.com) and he helped me pray for my relationship and my ex came back to me and we are happy today, you can also contact him now if you have any problems on (prayerstosavemarriage@hotmail.com).
Hello, I have a domestic partner for 5 years, my husband does not want me to work and dedicate myself to housework and him, but of course I did not contribute and I tell him that tomorrow I will not have anything, he says that I won't need it because if I were to inherit the widowhood and the apartment which by the way is not in my name, of course he is divorced with all of the law, he has two older daughters who are married, but of course I would not want to have problems in the future Would my cohabitation as a common-law partner be valid or do I have to get married, thanks
In principle, if your partner is constituted by a notary, meeting the seniority requirements, which it seems that they have, they should be entitled to a widow's pension.
Hello, I have been living with my partner for 5 years and I am considering becoming a de facto couple, but I have some doubts. The apartment and the mortgage are in my name. He is divorced and has outstanding debts in this regard with their corresponding liens. He has adult children from his previous marriage.
Can all this issue affect me if we become a common-law couple?
Most likely you are already a common-law couple
There is NO problem to become domestic partners
My son has a partner and two children but he does not have a home because he lost it in an eviction. She lives with her mother and my son with me. My question is, do you have to give any support to her or to the children if you do not have any signed document?
In principle, yes, but in the absence of an agreement, the judge will determine it, if someone claims it.
Hello, I have lived with my partner for 10 years and they are registered together and we also have two children, from what they say we are already a de facto couple. Now I have to ask for a few days at work due to my mother-in-law's operation and they ask me if I am Constituted domestic partner, I don't know if that is what we are or if some paper is needed to be it. Thank you
Hello
I have been living together for 5 years and a two-year-old child in common, we did not become a common-law couple two years ago, now we want to separate and he tells me that I have to go live in a room because he will not pay for the apartment where we live rent, he doesn't want to spend alimony either because he says he'll take care of the baby while I work and nothing should happen to me. Please help and advise, the reason for the separation is because he does not like that I invite anyone to my house without first asking his permission, I think I do not have to ask his permission since it is also my house and I pay half the rent even though He earns more than double what I earn, we pay half of all expenses and most of the food I buy. I do not know what I have to do? I never imagined that I could go through this and I feel lost. Help please!
First of all, thank you very much for contacting us through the web. As you can see in the published article, in the event of the extinction of a domestic partnership, in the absence of an agreement between the parties, the judge will determine the consequences of the extinction, referring to the custody of the children, use of the habitual residence and the economic compensations that could take place. The best thing is that you talk to your partner and solve it between yourselves or with the help of a mediator, and if this were impossible, there would be no choice but to go to court.
Hello Dana. I'm Mart. I am a journalist and we are doing a report on unmarried couples and we would like to hear stories like yours. I would appreciate it if you contact me.
All the best
Martha
marta.toca@zeppelintv.com
Good morning,
We are preparing a program called "En la Caja" for Cuatro Televisión, which deals with various current issues. The chapter we are working on analyzes the situation of unmarried couples in Spain. Specifically, we are looking for the testimony of someone who is a widow of their common-law partner who has had difficulties in receiving the inheritance, or who has had problems dividing the joint assets with their common-law partner after the separation.
Could you transfer our request to the people involved in the case that you mention in your post?
It is being extremely difficult for us to locate the testimonies due to the need to go to intermediaries (law firms, associations, etc.), so I appreciate any information or way to try to find cases that are worth bringing to light.
I leave you two contact numbers in case you want to contact us so that we can provide you with more information about the program.
91768 40 00 (EXTENSION 179)
637 93 40 28
Thank you very much for your attention.
Receive a cordial greeting.
I am Jaime from Peru and I have a stable relationship with my Spanish partner for two years at 10,000 km, well the reason for the answer is that given the circumstances I have a divorce process in my country that is in the final stretch and will take time until August of this year the sentence with my partner we wanted to register as a common-law couple but the travel periods of both hers and mine are short she makes at least two trips a year for her vacations and I make up to four to minimize the time of not see us.
We want to get married, for this I need to know if there are any regulations that allow me to stay in Spain with her since she is the one with a stable job and I am an independent consultant in the civil field.
We are looking at the possibility of having children but this situation of being away does not go with our life plans and we want to be together.
If so and find an alternative that allows us to capture this family, I would appreciate it if you could send it to both my email and my wife's phone number 606383127
Very thankful
Gemma & Jamie
Contact us by phone. 973 236 731
Hi, I'm 5 years old with my partner but I've only lived together for 1 year. I'm registered with him, he doesn't have any children. I have to become a common-law partner.
The best thing is that you make a notarial document, which will allow you to prove your situation.
I live with my partner for 6 years we have not registered as a common-law partner, but we want to know how to make this possible and where we should do it, I already have my birth certificate translated and legalized, my partner is from Barcelona, where should I register and how can you help me?
Hello, I became a couple in Catalonia and now I live in Aragon, I've been breaking up with my partner for a year and now I'm with another girl, my question is if I have to do something to stop being a partner or with him time and the new address spare? I just bought a flat, can you claim something from me?
David, the extinction of the common-law couple may have consequences, since it will be necessary to determine, in his case, who is entitled to use the common home, custody of the children, as well as certain financial compensation. They will not occur automatically, but these consequences can be derived. Therefore, in my understanding it is to make a rupture document, and determine that there is no consequence of derivatives of extinction. that if, if there are children, it will necessarily be necessary to go to the Court.
I'm sorry, I forgot to say that we don't have children, nor do we live in common, we lived for rent, would I still have to file a rupture document? Or what would I have to do?
All the best.
Probably in your case, there is no claim of any kind, but the most accurate answer would require a bit more information. I don't think it should be provided on the web.
What you should do is a document in which you become a common-law couple.
I am in a common-law relationship with my partner who has been from Russia for almost 4 years, we both have a girl in common, and a flat of which she is the sole owner, now both are traveling to see the grandparents and with everything that is As for the flights, we doubt what would happen in the event of death, taking into account that we have the apartment in his name. Thank you so much
The most advisable thing in your case is to make a will for both you and your partner. If you do not make a will, at the present time, your partner's succession would be governed by Russian law, while yours would be governed by applicable Spanish law, which depends on where you reside (strictly on your civil neighborhood). Next year the European inheritance regulation comes into force, which could change things somewhat, but you must take into account that your partner is not a community citizen. Therefore, my advice is that both make a will.
Hello. I am a Venezuelan student NIE student, I have been living in Catalonia for 3 years and I plan to move with my partner of Spanish nationality. My question is, if we become a common-law couple, could I obtain work residency?
Thank you so much
*With student NIE.
Typing error.
Hello, I would like to ask you a question, my place is legally separated, but it is not divorced, and we have made a de facto union and I would like to know if in case of breakage what right do I have, if at the moment I have to leave the apartment Because the apartment is his property, he bought it after separating from his wife, we have been a couple for three years, thank you….
I will answer you by mail.
Can you eat nationality with the domestic partnership document?
In principle, the status of common-law couple does not allow the acquisition of Spanish nationality by residence.
Hello, I would like to know if it is true that by becoming a de facto partner I have the right to enjoy 15 days off as if I were getting married? Thank you
Ask your company, but I'm afraid not.
Hello, and where to register the domestic partnership? Thank you!
The records are usually in each town hall, but it is a service that is not mandatory for them. The most advisable thing is to make a notarial document of a domestic partner
Hello! I am from the Philippines, my partner and I want to do the domestic partnership before a notary but we have been informed that there should not be a law that regulates domestic partnerships in the Philippines as well, something that the city council has not informed us about. I also very much doubt that there is that in my country, would it be possible to do this equally if we have a child?
It is a rather dubious subject what you raise me. In any case, what I would do is a de facto couple linking it to the legislation of your common place of residence, and if there is none, agree on the ends that you consider appropriate, essentially, your willingness to live together and the contribution to the common expenses.
hello good morning! I am thinking of making a common-law relationship with my girlfriend who is German but lives in Barcelona, I am now in Mexico and it is not possible for me to return because I was in Spain with a student NIE, which is now expired and according to what I cannot return to reside in the country in the next 6 months, I have heard about the Partnership by Power of Attorney... my question is if I can do the process from Mexico? Can she do it in Barcelona without me showing up? If not, how can I return to Spain and complete the process (one of the requirements is to be registered at the same address but if I enter as a tourist I will not be able to register), thanks for the comments
It is essential in the couple, that there is a common coexistence, regardless of the registration, which is nothing more than proof of it. Entering into if you ask, in principle there are no problems to make the couple by power, but doing it that way, implies that there is no coexistence, and probably, and except for the merely internal aspect between you, it will not be of much use to you. Greetings and thanks for contacting us.
I have been living with my girlfriend for 1 year but without a certificate of collective coexistence, is it possible to carry out the civil procedure to be a de facto couple?
In principle yes.
Hello,
Do you know in which registry it is currently allowed to register as a domestic partner?
According to what I have been told, in Barcelona and in Cerdanyola del Valles, it is not possible.
Thank you so much.
It depends on each town hall and it is not mandatory to have them, let alone register.
Good afternoon. I have been living with my partner for 18 years, and we have a 14-year-old son together. He is divorced but had no children. Now we have considered registering as a common-law couple, but he says that it is better to get married, otherwise in the event of death I will not have the right to anything. What is better ?? We live in Catalonia.
At present, in Catalonia, succession rights are the same for marriage and common-law partnerships. The big difference may be in terms of widow's pension, since in principle one has the right from the marriage and in the case of couples in fact it is necessary to have a proven seniority of five years.
Hello!
I am Mexican living in Barcelona for 1 year with a student NIE (which is about to expire) My partner, who is a community resident, and I want to register as a common-law partner in one of the municipalities near Barcelona that allows it, we are willing to rent an apartment in said town hall and register there, and thus process my resident family card.
In the requirements of the town halls that I have read (such as that of Sant Adriá Besós) they ask for one of the 3 conditions:
A) Having a child together.
B) Both be registered in the same residence corresponding to the town hall where the registration will be made for at least 2 years.
C) Have a notarized document of domestic partnership.
This last option (C) is our option, since we do not have children and we have only been living together for 6 months.
My question is, to carry out the document before a notary, what are the requirements and necessary documents? We would like to start the process as soon as possible.
This would be our first step, and then register with a city council that allows it, so that, as I have already said, I can obtain the community family card and be able to work.
Thank you very much and greetings!
Ana
it would suffice for them to present their documentation, and unless they want to agree on some point related to the cessation of their cohabitation, the document would only say that they are constituted as a stable union of a couple in accordance with Catalan legislation
Brilliant. This week I will call to make an appointment. Thank you very much for the reply!
Hello Ana Brava or Luis,
I am in the same situation and I would like to know what documents were necessary for the notary since there is no specific information. I have communicated with some notaries and they do not give me specific information.
Thanks for the help.
Hello
My partner is Paraguayan, he has been in Spain for more than 4 years, living together for almost 4 and a year as a couple in fact. We live in Bilbao and I don't work, my question is
How can we regularize her situation, she doesn't have an ID or residence permit or anything
thank you
Establishing themselves as a couple can make things easier, although it does not solve them completely. That is, the accredited domestic partnership situation can serve as a means of obtaining a residence permit for roots with a Spanish national or resident in Spain. The best thing is to ask at the immigration offices.
If a person is married, but does not live together, does he have to file for separation or divorce, in order to become a common-law partner?
In principle, if there is a de facto separation with the previous spouse, in accordance with Catalan law it can be constituted as a de facto couple. Anyway highly value any decision.
My husband died at the age of 37, I am 30. We are both single. 12 years of demonstrable cohabitation, and 2 children together. I have been denied widow's aid. What I can do?
You will probably only be able to access a widow's pension by claiming it in court, based on the notoriety of the cohabitation and that the means of proof listed in article 174 of the social security law are not exhaustive.
Hello, I am from Barcelona and I have a stable partner for 4 and a half years now, my partner (wife) lives in Valladolid (for work reasons). We have bank accounts and household receipts in common. By Catalan law are we a stable couple? Do I have to register and accredit it somewhere?
If so, what rights would we have?
Thank you
Most likely with what you tell me, you will be a stable couple under Catalan law. In any case, my advice is to formalize a public document of incorporation, which will save many uncertainties.
And what exactly did this formalization consist of?
Thank you
Make a notarial deed of constitution of domestic partnership.
What does public document of constitution mean?
Thank you
Make a notarial deed of constitution of domestic partnership
thank you so much
To you for reading our website
We will be here
Good morning.
My partner and I will be registered in the same house for 2 years next year. From what I have spoken with an agency, going to the registry of the census of my population, they will be able to issue a certificate of cohabitation, and from here, the Catalan legislation would recognize us as Domestic Partnership. My interest is solely because the agreement of the company where I work indicates that due to admission to the hospital, I have 2 days leave in the case of marriage, direct family members, or up to 2nd degree. With this certificate of cohabitation, would it be enough to justify that we are a Domestic Partnership, and thus, my partner can be with me or vice versa at the time it is necessary to enter?
Thanks in advance,
My advice is that they become a de facto couple, through the formalization of a document before a Notary, as it would be the way to fully certify their situation. The certificate of cohabitation does not mean that they are a common-law couple. As for the rest, I cannot answer you, but in principle it would be logical that they give you permission for your partner's admission to the hospital
Good morning. My partner has lived in Barcelona for a year and a half, he is studying his medical specialty, so he must live here for three more years, we are both from Argentina, I am visiting Barcelona (for the third time), we have been a couple since 5 years ago. My question is if registering as a common-law couple would enable me to stay with him during those three years???
It would not qualify you directly, but since the spouses or partners of residents have the right to obtain residence, the accreditation of it is an essential step.
Hello Luis.
We want to become a de facto couple and the house is my property.
Some doubts arise in the case of separation or my death.
If we get separated... Does she have any rights to claim from me over my property?
In the event of death, is it possible that she would continue to enjoy my home, but in the event of her death, said property would not pass to her son of legal age and would pass to whoever I would have wanted?
1 Hello and thank you.
In the event of separation, you do not have the right to request ownership of the home, another thing is the use of it, which could be attributed to the person who retains custody of the children, even if they are not the owner. In the event of death, do testament, it is the best and you avoid all doubts
Thanks, Luis.
1 greeting
OK, okay, but taking into account that, as they have explained to me since 2011, the Barcelona City Council no longer registers Domestic Partnerships, being registered in this city, where should I go to do it? Thank you.
TO A NOTARY
To you
Hello, I hope you can help me.
I have been living and registered with my partner in Barcelona for more than eleven years, since then sharing absolutely everything, bank accounts, expenses, etc... We do not have children in common but we do have one each, we are not registered as a couple in fact because although He is legally separated, he is not divorced and the address where we live is in his name and acquired before we lived together.
And my question is the following….
Do I have any rights to housing, inheritance, or pension?
Thank you and I hope your answer
If in the following terms:
Regarding the inheritance, he will send the testament. In the absence of it, you will have the right to the usufruct of the entire inheritance.
Regarding the Widow's Pension, you will also have the right, but in order to claim it without problems it is very important that you become a common-law couple before a Notary.
Regarding the flat, in principle, no, unless there is a separation and it was you who was attributed the right of use, without being the owner.
Nowadays, despite the fact that there is no divorce from your partner, you can become a common-law couple.
All the best
First of all thanks for the quick response.
I have asked why this is now my circumstance, as it is, without being able to modify it and in which I currently find myself and I wanted to know what would happen if my partner died if I would have the right to something or everything would automatically pass to the son.
In the event of the death of your partner, in the situation that you describe to me, the heir will be your partner's children and you will have the right to usufruct
Thank you very much and regards
to you for following us
Hello. First of all thank you for all the valuable information presented here.
My question is what approximate price this notarial document could have to prove the union as a de facto couple in Catalonia.
Thank you
Glad that the information is useful to you.
Calculate about 100 euros. A little above or below, depending on the copies and length of the document due to what can be agreed.
Thank you so much
Good afternoon,
I wanted to ask you a question:
With my partner we are not a de facto couple nor have we formalized it in any way. We have been living together for 12 years and we have two children together. My partner is divorced and has a child from the other relationship. In the event of my death, can I exclude my partner and his son in my will from the part that is only mine?
Thank you
Hello,
I have been living with my partner in a rented apartment for more than two years without having carried out any document, neither notarial nor in the City Hall, legalizing our situation. I cover some of his private expenses, apart from renting the apartment. We are both registered in the flat for about 5 years.
In the event that I die, could this person exercise their rights over my assets as a common-law partner even if there is no signed document?
Thank you.
Good morning.
My partner is a widow and is receiving a widow's pension. Now we want to go live together and in the future we would like to have a child together.
Our doubt is that if we are registered in the same house and have the same tax domicile, could we lose the pension because we are considered a common-law partner? And if we have a child in common, would I lose her?
Is there any way that I don't stop receiving the widow's pension?
We are from Catalonia.
Thank you very much in advance.
My partner with whom I have lived for more than ten years has just passed away. We have lived in different cities in Catalonia. We have not been registered as a common-law couple nor do we have children in common.
To obtain a widow's pension, I must ask for a certificate of registration in each town where we have lived? He has contributed for about 25 years. He was currently unemployed
I work legally, I have an income of €350 per month, I can request it.
Better ask at social security.
GOOD MORNING! I LIVE IN BARCELONA WITH MY PARTNER FOR FIVE YEARS AND I HAVE TWO CHILDREN, WITHOUT HER CAN I MAKE AN EECHO PARTNER?
BEFORE ND THANK YOU SO MUCH!!!
Emerson
You are already a de facto couple for civil purposes (family relations and successions). For other issues, such as social security, it may be necessary for them to have a constitution document, which in any case is the most advisable. But they must form both.
Hello! A little less than 2 years ago I live with my partner, who has not been previously married. We do not intend to have children. We registered together a few months ago, he has registered me as his sentimental partner at the company where he works. It is advisable that when we are two years old we make a notarial deed ??? Or is it enough to continue like this? Thank you!
The most advisable thing is that you already make a de facto couple document, . Your situation as a couple exists, but another thing will be to be able to prove it, and especially for a possible widow's pension, the domestic partnership document must be two years old.
Good morning,
I have been living with my current partner for about ten years. From this relationship we have a three-year-old son together. We are currently in the process of separating. We have not notarized the fact or desire to be a common-law partner or stable partner. With which, we are not a common-law relationship, is that correct? So, legally, what kind of relationship is ours and how is it included in the Catalan civil code? What rights and duties do we have towards each other when we separate? Thanks in advance.
I believe that if they are a common-law couple, then the common child is unquestionable and the coexistence has been evident for years, which is perfectly demonstrable. You have explained the consequences of your separation in the web entry when we talk about termination for reasons other than the death of one of the parties.
In short, guard and custody, use of the home, financial compensation (if applicable) must be determined….
Try to do everything by mutual agreement, as it will be cheaper and less traumatic and otherwise, go to a lawyer.
Greetings and thank you very much for following us
Hello, my partner and I have lived together for 5 years. She is from Barcelona and I am from Murcia. We have never been registered in the same house, although we did share it.
Currently I have been transferred to work in France and she will come to live with me.
In order to apply for my private medical insurance managed by the company, they ask me for a certificate stating that we are a common-law couple. The same thing happens so that it is covered by French health.
I would need to know what procedures I have to do? And if it could be certified by an official body to be able to present it to my company?
Thank you so much
The best thing is that they make a notarized document of the constitution of a common-law couple
Hello. My boyfriend and I have been together for 1 year and 3 months since I actually arrived in Barcelona, I know him and I am currently in a student situation. I have called the Valldoreix town hall where his parents have a property to carry out the documentation for registration and Stable Couple, but there they have informed me that we must be registered in the same place for a period of 2 years or have a notarized document that proves our coexistence. The detail is that when I arrived I registered the same week I arrived at my brother's apartment but after a month I was already living with my boyfriend. So what could be a solution? Since we have been living together since then, we have no way of proving it through a register and also my student NIE expires in June when I finish my studies. Thank you so much!
Hello, I have a question to ask you, I have been living with my partner for 30 years, we have a 26-year-old daughter in common, we are registered as a common-law partner in the Prat de Llobregat town hall for more than 10 years, he is single and I was married for many years but I am separated, we have made a will and the apartment, bank accounts are all names of both of us.
My question is the following, if someone dies are we entitled to widow's pay?
Thank you
It is a social security question and it is best to consult it there, but in my opinion you meet the requirements for the widow's pension, which are five years of cohabitation and two years of antiquity of the registration or formal document of incorporation. My advice is that they also make a notarized document, collecting the registration in the register of common-law couples. It would strengthen his position. Greetings and thanks for following.
I have been living with my partner for 30 years. We have two daughters, one 26 and the other 13 with a flat in their names. Last year we went to register as a common-law couple but in the Salou (Tarragona) town hall they told us that they no longer do registrations of this type. My question is the following, we both work permanently in our companies, in the event of the death of either of us we would be entitled to a widow's pension or without being registered we would not be entitled?
For the widow's pension of the common-law partner, two requirements are required.
An antiquity of the coexistence of 5 years.
An antiquity of two years from the registration or from the document of constitution of the union.
In your case, make a notarial document establishing a common-law partnership as soon as possible
Hello, I want to know if it is still possible to have a common-law relationship in Catalonia?
thank you
Of course you can become a de facto couple. Just do a deed.
Good morning, Having a commitment before a notary public that we are a de facto couple, what effect does it have in front of the jurisprudence? , I am a foreigner, my Spanish wife, in 2010 we made a document before a notary public in which it certifies that we live in "moreuxorio" mode, My question is the following: how important is this document before Spanish laws? Is this document recognized as official documentation and what laws cover said notarial document? Can this notarial deed be presented before official State agencies?
Thank you very much for your attention.
The document has full effect between you. In front of the public administrations, it will have the effect that you are recognized, since sometimes additional requirements are needed, such as the duration of the coexistence and effective proof of it. All the best
Hello
I wanted to know if I can formalize in a public deed the constitution of a common-law relationship with a person of another nationality who does not live in Spain. I want to have this deed so that said person can obtain a VISA to come to Spain to materialize life in common with me.
Could the deed be done having a power of attorney in the name of a Spanish person?
Spouses or partners of nationals or residents in Spain have the right to a residence card. The document can be formalized, but the effectiveness to obtain the residence of your partner may not be automatic.
Hello, I am Spanish and my girlfriend is a foreigner. We have traveled to other countries and she has come to Spain twice in the past year. My question is. Can I make the notarial deed of cohabitation here and if I can request the certification of a common-law partner with it?
If you can do it. And that act that you mention is the certification of the domestic partnership itself.
Excuse me, I think I was not clear, can I apply for registration as a common-law partner here without her being here? Or is one from her country valid to request family reunification, she is Dominican
The domestic partnership document will have to be signed by herself or by another person to whom she has given power of attorney. In other words, it requires your signature, although it does not need to be simultaneous with yours.
Hello, I have Spanish nationality. I became a common-law partner with my partner on April 23, 2009 by notarized act and in the couples book of the town hall and he died on August 29 of the same year. He was single and retired and I was divorced. We lived together in my apartment for barely six months, we had a joint account, and we were both registered in my apartment... I was his heir by Catalan law... I submitted the form to the ssocial for the widow's pension... it was denied... Can you tell me if I present the documents for the widow's pension again, give it to me? ... thank you
Most likely you do not meet the requirements to have a widow's pension, which are five years of cohabitation, and two years of the constitutive document. You should fight it in court.
Hello, I wanted to ask a question to do the paperwork before a notary public as a de facto couple, you have to be divorced, thank you
Not in Catalonia, de facto separation would suffice.
Thank you very much, Luis Prado
it has helped me
Hello Mr. Luis
My query now is:
When making a public deed of a de facto couple, you can attach some capitulations indicating the waiver of any financial compensation in the event of a breakup of the couple without children. Is this legal, or would it be breaking some law and would it be an invalid agreement in court?
Thanks in advance.
In principle yes, but you have to analyze very well how it is done. When there are no children, freedom is quite great, and in these cases, pacts in anticipation of breaking are frequent.
I have been living with my partner for several years and we have a 2-year-old son together. Do I understand from the article that just by having a child and having been registered in the same home for more than two years we are already constituted as a common-law couple, or would it be necessary to prepare a document before a notary? (we are both from a town in Girona)
That is so, but with respect to civil aspects, that is, those regulated by the Civil Code of Catalonia. Other aspects, such as the right to a widow's pension, may require additional requirements, in the form of accreditation of a certain seniority of the couple and the granting of a deed and/or registration in a municipal registry.
My advice is to make a notarial document of domestic partnership.
Greetings and thank you very much for following us.
Good morning, my question is the following. I have been living as a couple for more than three years, we are not a common-law couple and we do not have children in common. We can also become a common-law couple, he is separated, in fact he has not yet divorced. Thank you
If there are not problems. I leave you the legal reference, of the Civil Code of Catalonia
Article 234-2 Personal requirements
The following people cannot constitute a stable couple:
a) Unemancipated minors.
b) Persons related by kinship in a straight line, or in a collateral line within the second degree.
c) People married and not separated in fact.
d) People who live as a couple with a third person.
Hello,
My question is the following: I live in Catalonia, and I have a 3-year-old child with my partner, but we do not live together. Are we a common-law couple?
I would tell them, do you want to be?
Hello good. My partner and I want to register as a common-law partner and start the procedures for my residence permit. Do you provide the notary service? Thank you so much
Yeah
Good morning, my boyfriend is Argentine and we want to know the requirements to become a common-law partner. Living in Barcelona and the municipal registry no longer exists. Is the notarial deed enough to obtain the community nie?
Thank you
Hi Sara,
My name is Gema Álvarez, I am a journalist and I work at Cuatro. We are preparing a report on mixed domestic partnerships that, like yours, have not been able to register because the municipal registry has been closed. Could you contact me? My telephone numbers are 91 7684000 (extensions 141 and 179) and 629 654 344.
Thank you so much.
Hello! Sorry to write in English! I am wanting to do a civil partnership in Tarragona- do you know which municipals will grant civil partnership in Catalunya?
If we live together- is this enough- what are the requirements?
Sorry, but I can't tell you. So you should ask for it, in each city hall.
Giving you a bit of counsel, the easiest way to do a civil partnership, is in a Spanish notary, that you will find in almost all the towns.
I have been legally separated for 76 years since 1994 but I am 21 years old and I would like to rebuild my life with a Colombian woman who has been in Spain for more than 12 years with residence and permits and documentation with Spanish DNI contributing to social security as autonomous We have had a relationship of eleven months she has been taking care of a person in Madrid for 24 hours for years I live in Barcelona we want to unite and get married she is 64 years old I am in divorce proceedings and she has also been separated for 20 years in divorce proceedings I also move to Madrid constantly and now we will leave this month to Mallorca is willing to live with me in Barcelona owned apartment my wife lives in the apartment we have at 50 x % without any relationship with me I can make a domestic partner if she came to Barcelona 2 days to sign notarized and continue one more season in Madrid please tell me something grace even if it's by mail
I wrote to you on March 9 and the answer was on March 10, 2015 if you. You can become a de facto couple…. I am writing a new message for 1 hour and it has been deleted I am going to simplify it due to surgical intervention things have accelerated and with feeling and apologizing for being a very personal subject and everyone should know what they want on June 3, 2015 My partner will arrive in Barcelona to live permanently in my home, she will register with me and have already spoken with the medical administration and my family doctor has been there for more than 2 months and they have not yet notified her urgently in Madrid when the physical recovery of the arm can be made left broken several places humerus and clavicle severe pain we agree registration and domestic partnership on June 4, 2015 in notary in problems is a person with my 3 children they refuse with insults and bad words has allowed it I can not reproduce their insults that she is a thief who is coming to take away everything you have and I have promised to give them everything in life I am beneficial owner in life and she would sign the resignation AT NOTARY TO EVERYTHING THAT BELONGS TO HER EXCEPT IF HER BECOMES A WIDOW IF WE ARE MARRIED WE ARE BOTH IN THE PROCESS OF DIVORCE THIS IS OUR PURPOSE I NEED PERSONAL CARE PHYSICALLY I HAVE A PHYSICAL DISABILITY OF 65 x% because of my vital signs and my head works excellently well I need quick advice if possible from the bottom of my heart I thank you if it is possible she has a residence card in Spain 12 years old Spanish DNI but how is she She is on medical leave and has nowhere to sleep. She is in the same house that cares for an elderly lady. Security has informed her that she cannot live while on sick leave in the same house where she provides the service. She is autonomous and charges something, I don't know the amount. My children I cannot explain all the good that I have done is always very long despite their ages 54 – 48 -and 44- what happens is that when they have stolen everything that I did not go to them, the 3 are already dead for me According to them, a son can forget his father, but a father never wins over selfishness. She is signing whatever is necessary for their peace of mind and she wanted to give it to them in life. story that only has to recognize its bitterness who passes it. No
Today 03-19-2017 I have re-read my comment 05-25.2015 and everything was resolved well and I thank you from the bottom of my heart,……… we have been registered since 06-04-2015, a de facto partner by a notary and we live in the apartment that I inherited completely mine due to the death of my parents and another that I donated to my eldest son due to circumstances for now it would take a long time to explain, almost 2 years together with great happiness I am not yet divorced due to a long illness from the judge and today he is on permanent leave They have put another one and it has such an amount of judicial arrears from her and the judge that we do not know when ours will arrive despite the various visits made to the courthouse
I'm very happy to hear it
Good morning, the good answers you give Luis are incredible, you have solved many doubts.
I want to become a common-law partner and I live in Barcelona, they told me at 012 that in Barcelona since Law 25/2010 it is not necessary to register it, that if I have been living with him for more than two years, I simply have to go to the town hall and ask the historical registry where our coexistence will be recorded and that with this we are already a de facto couple.
Is this true??
With this, would it help me to have the right to 15 days for the constitution of the domestic partnership? Since this right appears in my agreement.
And in the case that corresponds to me, from when? from the moment they give me that register or would it count from when we started living together?
I don't understand anything, at 012 they tell me this, I call the town hall and they tell me no that you have to go to a notary and they don't know anything about what I'm telling you, they say that the information for common-law couples is very confusing.
Finally, is there a way to do it for free at the civil registry or another site or can it only be done before a notary?
Thanks a lot.
On the subject of unmarried couples, two things must be differentiated:
The relations between the members of the couple, which is what is regulated by the Civil Code of Catalonia, and the other effects that derive from different laws.
From the point of view of the aspects between the members (especially inheritance, children, housing, pensions or compensation for separation...) it is understood that there is a couple when it is declared in a public document, when there is a child or when two years of marriage are justified. coexistence.
The other effects depend on each law that regulates them (leasing, social security...) which normally ask for documentary proof of the existence of the couple (writing or registration) and a certain seniority.
The most reasonable thing to do is to make a common-law couple document, since many town halls no longer keep records, and in this way you will have the couple accredited. It is true that you have to pay something, but what you get (security) is worth much more.
All the best
If you can become a common-law couple.
Good afternoon, I would like to know if it is valid as a document of deeds of sale as well as deeds of loan. Property registry, where we appear as spouses and as property in all of them and before a notary in the year 2001 we have lived until the death of my couple in 2013 in the house we bought shared checking account and mortgage. Do these documents serve as proof of the existence of a common-law partner?
Not as such, but obviously it is an indication of its existence. Everything will depend on who the couple wants to assert. For example, compared to social security, it has no validity.
Hello Luis,
My partner and I want to become a de facto couple, before a notary, but he is not granted the 15 days of permission, if the law in Catalonia equates de facto couples with marriage, is the law worth more than a simple collective agreement?
thank you so much
The Catalan law on unmarried couples seeks to regulate your economic relationships, nothing more. The labor effects will depend on the labor legislation and the agreement is.
I would like to know if it is possible to obtain a community residence permit when my legal stay in Barcelona expires.
Since 2011 I live as a student in Barcelona, and three years living with my boyfriend in the same residence. If I carry out the notarial deed to constitute a common-law couple, can I apply for community residence by rooting, first of all to find out if they can give me a work contract???
Thank you
A French couple have a child in France. When the woman and her son come to live in Spain, is it considered that they were a de facto couple comparable to what the Catalan CC includes for the purposes of a demand for parent-child measures?
This is a very difficult question, but in my opinion, since both are French nationals and there is no agreement, French law will have to be applied.
HELLO, GOOD MORNING I WANTED TO KNOW IF YOU. RESOLVES ISSUES OF REGULATION OF DOMESTIC PARTNERSHIPS, ALREADY ESTABLISHED IN PUBLIC DEED TO BARCELONA AND IF IT DOES HOW MUCH IT COSTS. THANK YOU
Everything that derives from the agreement, and does not involve going to trial, of course we do.
Hello, my question is because last year we moved to Tenerife and my partner and I have been registered as a Domestic Partnership in Catalonia for four years now. To renew the NIE I have read that the conditions that validated the issuance of the NIE by first time, we are still together and very happy, and my question is: is our situation valid here? Can we present that document here? Or should we go to the register of common-law couples to do the process again? Thanks for your help.
In my opinion yes, but it is best to ask directly at the police.
I AM LIFE I HAVE A PENSION OF 1,170E THEY WILL ASK FOR THE PENSION IF I MADE A PARTNER OF FACT, NOT AFTER. THEY WILL ASK. WHAT CAN I DO? THANK YOU
I HAVE A PARTNER I AM LIFE I GET A PENSION I WANT TO JOIN MY PARTNER BUT I DON'T WANT TO PETER THE PENSION
Hello, I have lived with my girlfriend for more than 5 years, and more than two weeks ago she abandoned me, she left home and left me here with the dogs, the birds and everything else. The rental contract for the house is in her name and I am not registered, we also have a business in her name, the only thing I have is a bank account in common with her, which is the one where all the expenses of House for rent, telephone, electricity, water, vehicle insurance, etc. Before we had another one for all the business expenses, but a year and a half ago we changed businesses and decided to change the bank for the business and in this new account only his name was entered. all the expenses were half, business and home. I am currently unemployed, but I worked in the business (restaurant bar) from time to time, especially when she wanted to. but everything that is home and business maintenance at the level of reform or repairs is done by me. more issues of billing, services, purchases of materials, negotiations with commercials and some other issues. And 7 or 8 days after leaving, he tells me that he is leaving the bar, that he is sick. I tell him that I don't want to lose it since it works well, and I tell him that I already manage it, that we change all the names and it starts to cause problems and more problems. The bar was closed on vacation until the 7th of this month because she told me she was tired and needed a break, I told her to take the vacation that I was staying with the cook, but she didn't want to.
In short, I begin to see strange things and hasty decisions. At the beginning of this month she calls me and tells me that she has to pay for business things and that she needs money since everything is half done, I gave her 1000 euros to enter the business account, I also gave her 100e for her. I have proof of income from the business account and an extract because she gives it to me so that I can see how the expenses are going and because she tells me that more money is needed. And now all the best I see that he has taken many papers from home, that he has blocked user accounts for Vodafone companies, email and some other things, all this was for mutual use as a couple.
and why was all this? I ask myself, I reactivate everything I can and I discover the whole truth, he has gone with another. I call her, I tell her, she tells me that she's just a friend and that they're just calls, and I'm still investigating with everything I've discovered and all the evidence I've obtained, she's deceived me and left with him. And he doesn't want to give me the business, and now he says that he found out that the house is in his name and he threatened to kick me out. I think the bar is going to transfer it, reaching an agreement with the owners and getting a good cut. It has left me in ruin. I'm sorry for making the message so long but it has been a relief. And what I want to know is if I have any right to the business and the house? thank you.
Hi, good morning, I live in Barcelona, I've been living with my partner for 5 years, we have a home and a business in my partner's name, everything is in her name except an account where all household expenses are paid, she It was more than two weeks ago, I have income justifying business payments on my part and some more information. I am not registered nor do I appear in any contract. but my stay as a couple is demonstrable. Do I have any kind of right? In the business? and in the house? I need help. thank you
Hello, good afternoon.
I currently live with my partner for almost 3 years in Lleida in a family home and we wanted to formalize our relationship by becoming a de facto couple, but the question I have is if there is any problem when it comes to becoming a de facto couple when we are both registered in different communities as is the case of my partner here in Lleida and I in Madrid, since I would like to continue being registered in Madrid. In the same way that although we have been living together for those years, I do not have any document that proves that I am living here since all the receipts are in the name of my partner.
Thank you so much.
There is no problem to become a de facto couple. What is essential is coexistence and the will to establish oneself. In any case, you must take into account that the domestic partnership document regulates your personal relationships. But sometimes they may ask for additional requirements, such as duration and effectiveness of cohabitation, for which it could be convenient but not essential, to be registered in the same place.
Hello, I have some doubts about the domestic partnership, I am Mexican and my boyfriend is Spanish. Three years ago I went to study and for two years I lived with my boyfriend (we never registered together), our plan was to get married in Mexico and due to That's why I bought an apartment because in principle we would live in Barcelona and therefore I am registered, but since we decided not to get married and I returned to Mexico a year ago after my NIE expired, now I want to return to Barcelona but with plans to be able to work, my boyfriend lives between Barcelona and Switzerland, even with this is it possible to be a common-law partner or does this make it complicated?
I appreciate your answer, regards.
You can establish yourself as a couple, but it is possible that the document is not enough on its own to obtain residence in Spain.
Hello, my partner and I are considering becoming a common-law partner to ensure that, in the event of the death of one of us, we have a widow's pension and one inherits the other's. We do not have a will or joint accounts, even so: would we inherit each other's assets and savings? Do we have the right to a widow's pension for being a common-law partner?
Thank you very much for the reply
Assuming that you reside in Catalonia, for the widow's pension it is essential that you become a couple, since they will ask you to have the document two years old and the couple five years old. The succession thing is better for both of them to make wills
It's me with the long message again, oh, there's a problem, she tells me that she has signed the resignation of the bar with the owner, since the contract consists only of her, I'm still in time to denounce her, because it's a community asset of the stop? Since the only thing I have is how to prove it is that I lived with her for about 5 years, but I don't even have a record with her in the house. Another thing I see that you are from Girona. I would like to have contact with you personally, in case you can advise me. In the first place, it would be a consultation and then I decide. I would like to know if your notary could bring me all this issue. thanks greetings.
I am really in Lleida and from what I see you need to focus things a bit, but I am afraid that you will have to go through a lawyer, because I can only act when there is an agreement between the parties.
Good morning,
I am sending you this comment as I have a problem formalizing a domestic partnership. I have been living with my partner for 5 years, the only thing that was still registered at my parents' house. After these 5 years and since my partner is pregnant we have decided to formalize the couple by becoming a common-law partner. We have gone to the town hall and they tell us that I have to be registered and then wait 2 years, that there is no other possibility.
In my opinion and taking into account the history of the city council I think that they simply do not want to get involved to facilitate the process.
Is it possible to expedite this process since I can justify that I have been living there for 5 years through a notary or another process?
Thank you very much for your reply.
Jonathan
You can become a common-law couple. Your will and that of your partner is enough. Another question will be to demonstrate the antiquity of the coexistence for certain aspects.
After a telephone conversation with you, I want to personally thank you for all the help and collaboration provided at all times to clarify and carry out the constitution. Thanks again.
Hello, I have been living with my partner for 15 years and with two children aged 8 and 12 in common, everything is in their name, I don't even have a bank account. Now he has decided that we separate, we are not registered as a couple but registered together. My question is if I can request a pension for me and for the children and keep custody of the children or should it be shared. I stopped working when I had the baby 12 years ago and I don't get paid anything, but I have always been helping him with his company but they don't get paid or anything.
thank you for attending my query
We must specify if the applicable legislation is Catalan, but in principle, the dissolution of the common-law couple is like a divorce, and custody, work compensation, food benefits and use of the habitual residence must be regulated. All the best
Hello, I have been living with my partner for more than 14 years, we have not gone to the notary to register as a common-law couple, but we have been registered at the same addresses for the same years that we have been together. Now we want to separate, we have a mortgage on a house in common at 50%. He is going to donate the house to me and I will try to take over the mortgage. The lawyer I asked told me that I would have to pay % on the cadastral value of the house, which goes up a significant amount. He told me that if we were married I would not have to pay this tax. My question: being a common-law partner does not exempt you from this tax? Is there any way to make the assignment and not have to pay so much?
I am from the province of Barcelona in case there is any different law
Thank you
I would have to see what they have been advised. The usual thing, in these cases, is to make a dissolution of the community (it is the same as the sale of half), so that 1.5% would be paid on the value of the house, with the condition that there is an equivalent economic compensation to the value of what was received. It's about playing with values.
Hello, I am from Tarragona and I have been with my partner for almost 3 years, she is from Belarus and we live in different homes, we want to become a de facto couple where and what we need to be able to be, thank you.
In principle, the de facto couple requires common coexistence. You can establish yourself as a couple wherever you want, but to achieve all the effects, if you live together I sense that you will have problems.
I have a question, let me tell you:
The apartment belongs to my boy, he acquired it before starting with me. If we become a common-law couple, would the apartment automatically belong to both of us? Should I get a new mortgage? new writing? what costs would it entail?
I imagine that the apartment would degrade both of us, right? thanks greetings.
No. Without knowing where you are from I cannot venture to answer. Whether you are a couple or married, what you previously acquired does not change. The only option you have is that your partner gives you or sells half of the house. In this aspect there is a lot of difference between being married or a couple. In the case of marriage and subject to the community property regime, there may be no taxation, while if there is a common-law relationship, there will be, in different amounts depending on how the operation is articulated.
The bank's consent is not required and my advice is not to ask for it, because they will force you to enter as a mortgage borrower, which can lead to other expenses and above all affects the possibility of requesting new loans.
Hello, we are a common-law couple and we have a child. My question is, if one of us were missing, would the other have a widow's pension? my life? And if I were to marry/become a common-law partner, with another person? Should we separate, should we prepare a separation document?
Thank you
Many things you ask. With regard to widowhood, be vigilant, since it requires formal requirements (two years old from the deed of incorporation or registration of the couple and five years of cohabitation). In the event of rebuilding her life, she could lose the widow's pension, but it would depend on its amount. Indeed, in case of separation, they should not only make a document but also go to court, so that custody of the child can be determined.
Hello... my partner is from Tarragona, I am from Murcia, we have not lived together but I will be moving in with him shortly. I have two children from another previous marriage. My question is, can we become a common-law partner before living together?
Hello, my question is my son and his partner have been together and registered for more than a year. They are going to live in a non-EU country. The With work visa. For her to get a non-tourist visa that is only for three months. They have to become a de facto couple. It serves to do it before a notary. What documentation is needed. Thank you
By the way, I didn't say it, they're both Catalan
Good afternoon, my question is related to what a couple already registered in Andalusia must do when they are going to move to Barcelona. Should you make a document of incorporation? I understand that each registry of common-law couples is independent in each autonomous community, in addition to the fact that the law that protects couples in Catalonia, I see reading on your website, is different from the Andalusian one. Thanks for your reply
In principle you should not do anything. Although it may be convenient, make a notarial document of a domestic partner as a way of accreditation of the same
Everything he tells me will depend on the law of the country where they go
Hello! I think my query didn't go through... I'm resending it and thank you for your help.
My partner and I have been living together for two years, previously he lived together for 5 years in another relationship from which a son remained. At the end of the relationship before a judge they agreed to terms of divorce and custody. My question is, what is the marital status of my partner? Is it okay to be divorced? In that case, what would he and I have to do to modify it? Thank you again!
The marital status as such is what one has: single, widowed, married, separated and divorced. Domestic partnership is not a marital status, as such, although it is very similar. If your question is what you must do to be a common-law partner, in principle nothing, if you have been living together for two years you already are, another thing will be the need for proof of being a common-law partner, for which the most advisable thing to do is to do notary document. Greetings and I hope I have answered it.
Hello, thanks in advance, we lived together as a couple for ten years, with a minor daughter, we bought an apartment with a mortgage at 50%, in which we lived for three years and moved to a relative's house for six years, the relationship broke up, I I stay at a relative's house with the girl, and he goes to the house we have in common. The apartment is up for auction and he demanded that I pay half of the mortgage installments since we bought the apartment, he was in charge of the mortgage and I was in charge of the other expenses, my income was not and is not comparable to his . And I can't in any way take care of that amount. Can you claim those fees from me?
I don't know what you have signed between you, so I can't answer you, but in principle, both of you are responsible for the loan, and if one pays, you have the right to claim your part from the other. If this regime was altered in any way by you, and it can be proven, it would have to be as agreed.
HELLO: WE ARE A COUPLE 63 AND 71 WE HAVE LIVED TOGETHER FOR 17 YEARS, BOTH WIDOWS, MY PARTNER HAS NO INTENTIONS TO BECOME A DOMESTIC PARTNER. WE LIVE IN THE APARTMENT OF YOUR PROPERTY. NOW I AM UNEMPLOYED WAITING TO RETIRE. MY QUESTION IN THIS SITUATION WHAT ARE MY RIGHTS IN GENERAL... IN FRONT OF THE APARTMENT OR IF ONE OF THEM DIES. HOUSEHOLD, MAINTENANCE, FOOD EXPENSES ARE AT 50% ALSO PERCEIVES WIDOW'S PENSION………..WE BOTH HAVE OLDER AND INDEPENDENT DAUGHTERS……….WE LIVE IN CATALONIA……..THANK YOU…..
There are many aspects that I do not know to be able to comment. From the point of view of the succession, sends the testament. If there were not, it would change the situation if his wife has children or not. Regarding the widow's pension, if you are not constituted as a couple, by writing or registered in a municipal registry, it is very difficult for you to receive it.
I have been explaining two comments to you for almost 3 hours and the two at the end have been deleted if you don't mind tomorrow in case you have not received it I will try it by phone it is personal and I would like to answer it in a comment on March 9 if possible 2015 a comment from me and at 3:44 p.m. and your response on March 10, 2015 at 12:20 p.m.
Good morning.
My partner is from Belarus, we have been here for 9 months, she comes and goes with a tourist visa. We have been registered since April of this year. How long does it take to be able to apply for the common-law partner and she can reside without problems in Spain?
Hello, good afternoon. My partner and I have been living together since January, we have been in a relationship for a year and a half, I am a single mother, the son is not my partner's, do you know if we can become a de facto couple? Thanks in advance.
Without a doubt
Hello, I have been in a relationship for almost 10 months and we have decided to become a common-law partner, I am Ecuadorian but with a student visa because I came to Barcelona to do a master's degree, my boyfriend is from Barcelona, I would like to know if we can access this procedure.
Thanks and regards
Yeah.
If I have understood correctly, marrying another person automatically breaks the domestic partnership?
Thank you
That is. Another thing is the effects of extinction that we cannot avoid.
Hello.
My question is this:
I am of Honduran nationality, I have been living in Tarragona for three months, a month and a half registered with my partner. In the town hall of my town they do not give me the certificate of registration until after six months.
Previously, I was registered in Huesca for two years, but I had to return to my country for personal reasons.
This week I have asked the notary to do the deed that certifies my coexistence with my Spanish partner and they told me that without NIE they cannot formalize the public deed. It is clear to me that until after six months I cannot obtain the registration certificate, but I was surprised by the need for the NIE for this document.
Is it possible to make a public deed with a valid non-EU passport?
It is a fish that bites its tail without a NIE there is no deed and without a deed you cannot start the procedures to request a residence permit.
My intention is to regularize my situation since my tourist visa ends at the end of the month and the most important thing is that I love my partner and I want to live with him.
Thank you in advance for providing this opportunity to ask about this topic.
A hug.
Good morning, I am Mexican and my partner is Spanish, we do not have children, I met my partner in Mexico City, my question is if I was in Madrid for 3 months with a tourist visa, I return to Mexico and I was 6 months and then I returned to Madrid for another 3 months, everything is legal, in my second year doing this I decided to stay with my partner in Madrid, currently my stay in Spain is illegal because my time of stay expired, which is for 3 months, my partner and I can apply for a partner in fact? What would be my legal situation and hers after doing it? Would we have legal problems?
Hello,
I have been living with my partner under the same roof for 4 years.
At the legal level, are we already a common-law couple for all purposes, or to be a common-law couple, do we have to formalize it on paper?
We have no children together, he is divorced and has 2 older children from his first marriage.
Everyone, friends, acquaintances, relatives, children, ex-wife, etc. knows that we have lived together for four years…..
I repeat: if something happens, illness, retirement, death, whatever…..before the law are we a de facto couple?
thank you
Good morning, my partner is Spanish and I am Mexican, we met when she was studying in my country a long time ago, she finished studying and returned to her country, I was going to visit her with my tourist visa, for that reason she could stay 3 months in a row and then we returned to Mexico for 6 months, we stayed like that for two years, now I live with her in Madrid but my 3-month tourist period has ended a long time ago, we have currently been living together in Madrid for 3 years, my question is if we could have any problems at the time of registering as a common-law couple? thank you very much for your reply
Hello good afternoon, I am Venezuelan and my partner is from the European community, we have both lived together in Venezuela for 4 years, soon we will move to Barcelona. How can we validate our stable de facto union so that I can live and work as a family member of a community member?
Ask..
I am Spanish and my partner is from Mexico, we have been in a relationship for three years but she lives in her country,
We want to live together here in Spain, for this we want to establish ourselves as a de facto couple.
Can the de facto couple legalize it through a lawyer?
Can I register it in any town hall that still has it open in Catalonia?
Can my partner request the card to reside in Spain legally?
Please tell me the entire process to follow and the necessary papers for it.
thank you.
Luis,
I have been following your blog and the answers you give to each question for several months. I congratulate you on your patience!
Based on this, I started the civil partnership process before the notary. The above in order to obtain residence by reunification with a community relative (I am Mexican and my boyfriend is English).
Today was my appointment before immigration (all this in Barcelona) and they told me that it was certain that they were not going to give me the residence card because, since there is no registry of common-law couples in Barcelona, my notarial deed is not valid. The requirement was to be a registered common-law partner and since there is no registry in Barcelona, I cannot apply for reunification through that route; I can do it only if I'm married.
Is this first rejection normal and then do I have to challenge or file an appeal against the negative decision?
The rest of my documents were in order.
Cheers and thanks for your time.
I have been in Barcelona for 2 and a half years with a student NIE, which is about to expire, I have lived with my partner for 9 months, we want to register as a common-law partner to be able to change the residence permit, our town hall (Granollers) requires us 2 years of cohabitation or, failing that, a notarial deed, but then we have been told that the notarial deed without the two years is not valid. According to Catalan law, is this correct?
What could we do, or which council could we address?
Thanks in advance
Is not correct. What happens is that obtaining a visa for being the partner of a Spaniard or a resident in Spain is viewed with bad eyes by the administration. Therefore, the document is an element to obtain the visa but not the only one, because I know that they do inspections of neighbors, interviews and whatever they consider appropriate
Hello, my partner and I would like to become a common-law partner since we will have our daughter in November and we want to have things well tied up before the birth.
I am from Cambrils, we went to ask the town hall and they told us that in Catalonia they have ceded it to notaries and that they only have a registry of stable unions but that this is not a common-law relationship.
We are a bit lost, how does it really work?
Thank you
Well, it is enough that they go to the notary and establish themselves as a stable union of couples. With this document they will be able to prove their situation throughout Spain and in it they will be able to regulate the consequences of a possible extinction. It is also very important that they complete this document with a will.
Greetings and thanks for following.
Hello, I would like to know if to register the common-law couple before the notary they request a certificate of singleness
Not at the beginning. Well, it is not essential to be single
Hello, I would like to ask a question, my husband has left home after being married for 35 years, and he is living with another woman, only 6 months ago.
He is still registered at the marital home and we make the income statement jointly, at the time we made a will, the typical thing that happens to me happens to him and what happens to me happens to him. But I will not become a couple. In fact, and if they do it as I find out, about the will if nothing has been touched that happens or how can I find out if the will has changed, the other woman can claim something.
I don't know if I explained myself correctly, I await your reply, we are both Catalans.
Thank you
There is no way of knowing if your husband has changed his will, unless he tells you, or until he dies.
Hi there
My partner and I want to register as a common-law couple, we have a child in common, we have been living together for three years, only me and the baby are not registered as if we lived with him, and we have to prove that we have lived together for at least two years... .work alone I study.
What can we do??
Thank you.
You do not need the two years of cohabitation if you write a common law partnership.
Hello, my case is that my partner and I are not registered together but we have lived for 5 years in 2013 we had a son although he died 9 days later (we have a family book with the baby) now I am pregnant and we both work in the same company They don't complain to me because I am the pregnant woman, but to the father, although the company has an agreement that says that the father has the same rights as the mother for all prenatal visits, he could make me without having a certificate of cohabitation. common law deed? Thank you very much in advance.
Yeah. there is no problem
Hello, I have been married for 36 years and 8 years ago my husband and I bought a house, we put it in his name and since the habitual one is in mine, therefore he was registered in another address and we only went in summer, I may have a problem in case of widowhood, very grateful
What they must do is regulate their succession, through separate wills or succession agreements.
Hello, I live in Barcelona, my girlfriend is Peruvian, she currently lives in Chile, she married a German in 2007 and she has been separated for a year, she has started divorce proceedings but it is going to take a long time since he now lives in Germany, I travel to Chile to see her but we would like to be able to live in Barcelona, we would like to get married but since she is married it is not possible now, on the other hand she has to apply for a tourist visa to come, for which I am sending an invitation letter, it is possible to register as a couple in fact? If possible, would it help you to apply for a residence card?
Hello! I am Venezuelan and my partner is Italian. We have been in Barcelona for more than 1 month and we are registered in the same residence. What do we need to become a de facto couple?
A notarial document.
Can you do it to me? Can you tell me the cost? I'd appreciate your help.
In fact, we can make you a de facto partner. We need your identity documents and if you have your common registration. The issue of requesting residence is something else, they must apply for it at the immigration offices, where a file will be started that aims to prove that the couple is not merely convenient, that is, that they really exist. By this I mean that becoming a common-law partner does not automatically imply the granting of residency. All the best. Regarding the cost of the couple, it would be over 100 euros.
Ah, it's very good. But did you imagine that to go abroad we must have that notarized document of a common-law partner? Thank you for your answers
Of course I already told you.
Hello, my partner is getting divorced and I am legally separated, can we become a common-law partner?
We would need the documentation, do you process it?
Thank you
We would need your identity card or residence card. The procedure is only a deed, which we actually do. If you want to make an appointment, call us and it is almost immediate preparation. All the best
Hi, I have a common-law partner in Barcelona since 2011 and in 2013 I came to live in Cantabria here with other guys I've been with him since then nothing is known about my other partner I want to get married here in Cantabria with my current partner and a notary ISOa writing where I say that the domestic partner is removed, I don't know if this is worth it and I can get married
You don't have any problem getting married, but in any case, during the processing of the marriage file, they would tell you.
I have been with my partner for 14 years, we have a 10-year-old girl, a flat in common and we live in Barcelona. We have never legalized our relationship and now it is breaking up (we do not have a will, nor have we appointed a guardian).
Before making a decision, I would like to advise myself to know what is best (especially for my daughter and for me).
I have to say that he has 40% of the apartment and I have 60, that he earns more than twice as much as I do and that I would prefer joint custody.
Thank you.
Hi, good morning. I'm a Spanish woman and I've been in a relationship with a Moroccan guy for almost a year but we lived together for almost 3 months, I'm working but he can't because he doesn't have papers
We want to become a de facto couple, and I ask how long it takes more or less to fix your situation because I want you to help me at work too and thank you
It depends on the police. The best thing is that they become a couple and ask for his residence.
We are a common-law couple since 2010 but we are paying for a flat that is divided into 50%, that is, in the name of both of us for more than 10 years, I think. We are in Catalonia. I would like to know if one of the two died, would the other be entitled to a widow's pension or not? And would the family of the deceased person have the right to claim their "share" of the apartment or money saved by not being married and being only a common-law partner? Thank you!
To avoid the problems that he points out, it is essential that they make a notarized document of a common-law couple and that they also make a will. It is the only way to avoid having the problems you mention in the future.
Hello,
I am a community citizen and I have been living with my partner (non-community with a student NIE) in Barcelona for more than two years. We have made the domestic partnership with a notary but in foreigners they tell us that to request a NIE so that my partner can work, only domestic partnerships that are made in town halls are valid (as is the case in Madrid, Valencia, etc). Is there somewhere in Catalonia (even if it's outside of Barcelona) where you can become a de facto couple?
Thank you very much in advance.
It is not true what you have been told.
Hello . I wanted help. Four years ago I became a common-law partner with a Dominican woman. I helped him three years ago to bring his son. And now I want to dissolve those domestic partnerships since that woman is a bad bug. And he says that we reach an agreement that gives him five thousand euros. And El)a leaves and I don't want to give him the five thousand. I don't even want to give him a pension. It is true that since he has a minor child here under his care and without him having a job, I have to give him a pension. I am a pensioner, I am 65 years old and He is 45, thanks in advance.
I have lived with my partner for more than 3 years, first in my apartment and then in a better one, which he rented in his name, in which I registered alone because he made excuses for not doing so. I have many friends who can testify about our living together. Now we have broken up and he demands that I leave the apartment. Do I have any right? Are we a common-law couple?
Hello.
Next year I have to renew my residence card of the community regime (unmarried couple). We have registered as a common-law couple in a province (providing common census in the same province). A while ago we have changed our address (we have moved to another province). We want to cancel our registration in the previous province (where we had lived before and registered as a domestic partner) and register in this new province where we now live and work. Domestic partnership ceases to exist or is annulled when moving to another province or rather when registering in another province? I understand that with this new register, all the documentation for the renewal of the residence will be provided in the current province. But I would like to know if there is a risk of annulment of the domestic partnership due to the change of province. I have heard that domestic partnerships only serve in the province where they have been registered. And if the renewal is requested in another province with a new register other than the province of the initial registration. Could you clarify it for me please?
The best thing is that they make a notarial document of a common-law partner and in this way, it will be effective throughout Spain.
Hello, I am in Spain as a tourist, I would like to know if I can regularize myself by registering with my boyfriend in Barcelona, motcada… and register so that I do not have time living together, before a notary, committing myself to form a common-law relationship… and it has to be before it becomes legal At the end of the 3 months of tourist permit. Can I still do it if I am already irregular? And what documents do I have to have to go to the notary?
Hello. We live in Lleida Catalunya with my ex. I separate with my partner. He threw me out of the apartment we rented together. I am Polish and by law I could bring a child from Peru by law as a couple regulating in the Spanish consulate in Peru. My ex-partner works half Jordanian and it is impossible to pay for a room, food, school. Clothing Is it possible to return child for my rent (paying for the trip) that does not go wrong here? What do I have to do to cancel my relationship? As I am European, I am an observer of my partner? Excuse me for letters
Greeting
As I have not understood very well, if you want, come by the office and explain your case to us.
Good morning:
My partner and I have become a common-law partner in Barcelona through a notary and we have submitted all the papers to foreigners to obtain his non-EU family member card, he is Australian. When delivering all the papers, they told us that because we joined as a common-law couple through a notary and not through a Town Hall, your card will be valid for a maximum of one year. Our question is: can we renew it when the year ends? For how long? And other questions we have are: With this card can you travel freely throughout Europe?
Thank you very much and greetings.
Good morning,
I am Argentine and my boyfriend is from Barcelona. Currently I am with my tourist permit for 90 days (and without being registered) and I wanted to know what requirement I need to constitute the common-law couple. Not having a 2-year cohabitation or children in common, would the notarial document replace those requirements?
What documentation is necessary to bring to the notary?
Thanks a lot
Indeed. Your identity cards are enough.
Good night.
I have been living with my partner for 35 years. We never registered as a domestic partner. We were a homosexual couple and we never considered it. We have always been registered at the same address and I have witnesses (relatives of his, doorman of the house, neighbors, etc.) who would testify if necessary that we were a couple.
My partner died 4 months ago. We had both made a will for each other. I have already paid the inheritance tax (we are from Madrid) having paid a fortune.
I have come to his blog and I am wondering if I can carry out any procedure to change said inheritance tax declaration (a supplementary or refund for improper payments) and if I could collect a widow's pension (both he and I were already retired).
Thank you very much for your reply.
The subject of the treatment of unmarried couples in the inheritance tax depends on each Autonomous Community, in Catalonia they are equated to marriage, but in Madrid I think not. It is best that you make the inquiry in the treasury. If there is a right to a reduction and you could prove that situation as a couple, you could propose a return of income.
The issue of social security is more delicate, if there is no documentary justification from the couple. I believe that the only way would be through a contentious administrative appeal, with a very uncertain result, since I do not believe that they will directly recognize the pension.
Hello Luis:
I am registered with my partner as a common-law partner. At the direction of a lawyer, I have signed a civil partnership agreement before a notary public that reads as follows:
“The expenses of the formalized couple will be those necessary for the maintenance of its members and that of the common sons and daughters who live in the family home, and especially:
Those who have the legal consideration of food
Those for the conservation or maintenance of the family home or other goods for the necessary use of the couple
These common expenses and charges of the couple, the family and the maintenance of the family home, according to their social position, will be borne by both members of the couple, in proportion to their respective income.
Those derived from the management and defense of each member's own assets or those that respond to their exclusive interest will not be common expenses.
My question is:
Despite having signed this agreement, there is still a separation of assets and each one continues to have their own assets (I have a flat in my name that I only pay the mortgage for) and you will not be able to claim something as yours in the future in the event of a possible break ??
Thank you very much for your attention
Normally, you would ask your lawyer or the notary before whom it was signed. In any case, to my understanding, the subject of the mortgage and the ownership of the apartment is totally unrelated to what was agreed.
Hello, good afternoon. A few months ago... after two years of living together... I have become a common-law partner (forgive the redundancy). I have some doubts regarding my rights. When he seoaro… between the children and the wife they expelled him by force of blackmail of everything. I leave a second residence... the floor in which I lived. He had two taxi licenses that made it necessary to put one in the name of each child. I want to clarify that this was all done legally and that the blackmails have been emotional. He adores his children and both they and she took advantage of that. Total… that she separated, leaving them absolutely everything and more and more… she receives a pension of 900 euros from the moment they separated. My question is… about what we build from the moment of being together… do your children have the right too? He is legally divorced... she knows that he is not. But the widow's pension in case something happens to him and I hope not... who does it belong to? The children have the right to the money that we have in common in an account (which is in his name but I appear as an authorized person?) Seeing how they have behaved with him in life... I would like to be prepared just in case. Thank you so much. We live in Catalonia.
There are many topics for so little space. In principle, your partner's children should only have some right in the event of his death. The best thing you can do is leave a will for each of you and establish yourself as a couple if you are not. That is what will protect them the most.
I lose my widow's pension if we register as a common-law couple
You could lose it, but it depends on certain elements, such as your income, among others. Better ask Social Security
Hello, I am a common-law partner with a Spanish woman and after a year with a community residence we do not live together but with two years of patronage together. The question is, if my partner leaves me, what are the effects for me and if they can take my community card. thanks for your help.
The answer is difficult, it would depend on the type of residence you have. If it was tied to being a resident's partner, you could lose it, but you might be able to get it for another reason.
Good morning, I am Ecuadorian, my husband obtained Spanish nationality, I started the registration of our marriage in Ecuador but discovered that he has a registered common-law partner, something helps me so that he can cancel the registration of a couple taking into account that my marriage was in Ecuador 20 years ago years old and this couple registered it 5 years ago, they have two children with this couple, prior to our marriage we have two children, I must continue with the registration of the Ecuadorian marriage in the Ecuadorian consulate whose interview is in November or I suspend it so that there is no Consequences such as my husband losing his nationality and I finally being left without papers, thank you, please urgently
It is a judgment of convenience. Make the decision based on your reality with your husband, whether or not you want to continue with him.
Hello. Congratulations on the web, it is very helpful.
My query consists of the following: I have been living at the same address for 4 years with a woman who is collecting widow's pay from her former husband, who died of illness. We have not carried out any kind of official management declaring this situation and the only thing we share, apart from the house, is a bank account between the two of us. Could this situation lead to the extinction of the widow's allowance that she is currently receiving for my partner? If so, what steps can we take to prevent this from happening, since my wife does not work and this salary that she receives is of great help to our precarious economic situation.
Thanks and regards.
it is best to do nothing. Being recognized as a common-law partner can lead to losing the widow's pension, but that depends on the level of income. Therefore, it is best to do nothing. A more well-founded answer needs to see documentation.
Sorry, I forgot, we live in the province of Barcelona.
Good afternoon! First of all, thank you very much for this website, it's great and really helps a lot!
My situation is the next:
I have Russian nationality, I have lived in Catalonia for 2 years. I have come to study in Barcelona, I met my boyfriend and I stayed, and I don't have the NIE. He is Argentine and has been a resident for 8 years, now his Spanish nationality is being processed, it is taking a long time and we do not know how much longer it will take. And we want to get married. A year ago we were registered in the same apartment in Barcelona, but 5 months ago we moved to Lloret de Mar and here to get married you have to be registered for at least 6 months, none of us have done so yet.
Now that I have found out that in Barcelona to get the turn you will have to wait at least half a year or more, and here in Lloret it is another story with the census, I think it would be better to become a de facto couple. The question is if this will give me the right to process my residency or not? I am pregnant and I would not like to let myself be illegal, in case something happens between us while we wait our turn to get married.
Thank you very much in advance for your attention and your response!
Thank you very much for your comments that help us to continue working. Regarding your question, there is no doubt that they can become a common-law couple. The effects are not equal to marriage, and are looked at more carefully by the administration, to verify that they are not used for fraudulent purposes. In any case, the partner of a resident can obtain residence.
Thank you for this selfless consultation forum. That really says a lot about you.
I don't know if you can answer my question but I suppose you have some notion.
My intention is to do the civil partnership deed with my Spanish boyfriend.
The other day I was looking at the immigration website for the requirements to request a residence permit.
I am irregular with my tourist visa expired since June. I have been registered in Tarragona for approximately 6 months.
My surprise was that one of the requirements was to be within the period of the tourist visa to request the residence permit.
Do you know if immigration puts impediments with expired visas by presenting the corresponding deed as a domestic partner?
If so, I don't see any point in it, because at least in the town hall they don't give you the registration certificate until after six months. Incongruous.
Thank you and continue your work it is very helpful.
A hug.
Common-law couples of Spanish residents have the right to residency, but the foreigner precautions are to verify that the couple is not fraudulent.
Good afternoon. My partner and I are Argentine, he has French citizenship and lived in Palma de Mallorca for 7 years, then he returned to Argentina. We have been together for 4 years and we have two daughters together, plus I have 2 children from my previous marriage. We want to settle in Palma from next year and we need to know if being registered as a de facto couple in Argentina is enough to process family reunification and that both I and my older children can obtain Spanish residence. From already thank you very much!
The point is that you, or at least one of you, must be a resident of Spain to be able to opt for reunification.
Thank you very much for answering!
I am a foreigner and my partner is Spanish, we have been living together for a few months, if we became a common-law couple before a notary public, could we, with this document, request the registration of a common-law couple before the municipality to apply for my residence? As far as I understand, only the declaration before a notary is not enough to legalize my situation, so I would like to know how to obtain my legal residence once the domestic partnership has been declared before a notary. Thank you so much!
Common-law couples of residents in Spain or Spanish nationals can obtain residence in Spain, but it is not automatic, it is a requirement that must be assessed, along with others, but especially that the union is not merely one of cohabitation. Therefore, if the union has little time, a lot of caution is observed. The best thing is that you can prove the stable union with the maximum seniority, and for this the first thing in my opinion is to be constituted as such before a notary.
I have been with my partner for 27 years and living together for about 17 a. We don't have children and now we're separated. She unilaterally took her salary and passed it through another account that was opened, and goes to the common account for expenses and keeps the rest. Now I'm unemployed and I collect the benefit for people over 45 years of age that is almost exhausted and renting a flat of €450, as explained here... would I be entitled to a compensatory pension? His income is now double my income. He also did not tell me that the payroll would go through an account that was opened, in fact let's talk that nothing would be touched until the house was sold... I have also put more money and work in our house, and according to this document... would I have the right to A compensatory pension also for having contributed more than her? Given her refusal, what options do I have if she does not return the payroll to the joint account?
Yes, but I imagine that it is scarce, and if there is no agreement, you must claim it before the court.
Hello! First of all, thanks for this page. I think it is very helpful. My question is: I am from Barcelona, I have been with my partner for 4 and a half years and living together for 3 and a half years, but I have been registered for 2 years without interruption in his apartment that he bought two years ago. He does not contemplate getting married or being a common-law partner, we have no children. If something happens at the death's house, could his parents kick me out of the apartment? Would I be entitled to a pension? Thanks a lot
You are a common-law partner living together for two years. Between you it will not be very easy to prove it, and to reciprocally demand any legal right. The problem is faced with the administration, which usually requires more tests, especially to recognize social security rights. u salute
Hello, I have been with my partner for a year, we live in Catalonia, I am from Latin America, what are the chances of me becoming a common-law partner?
All
Good morning,
I would like to know what documentation must be presented in foreigners to request a residence of exceptional circumstances according to additional provision 23 (unregistered domestic partner).
On the other hand, if my Argentine partner has been living here irregularly for months and travels to Argentina. Would I have trouble getting back in?
Thank you so much
Well, the best thing is to ask in foreign
Hello, I have a problem with the renewal of my permanent nie, I have lived since 2007 with my Spanish couple, we became stable couples in 2010, I changed my town and I had to re-register. I have been a stable couple for 5 years, I have to renew, call him at 012 Because the web page did not work, they detailed the documentation that I had to bring and that I will call for the appointment, I presented the application with the nie, the passport, the contract of my partner, the. Certificate of stable couples, certificate of cohabitation and it turns out that they ask me for the single certificate when I have lived 13 years in a row in Spain and 5 as a stable couple, the document that they request from my country takes 1-2 months and I have to make a power of attorney to being able to request it, I.present myself at the consulate of my.country here in Barcelona and I have requested the certificate of bachelorhood, they send it to the Ministry of the Interior in Madrid to be sealed and authenticated….I have called the office to tell them that the The document arrives on December 18/I have been told that this document will not be valid for me, the NIE is already expired and I am losing job offers... can someone tell me how to discuss with the immigration office when 012 told me that These documents are not mandatory, what do I do, how do I do it?
I am separated with two children, a 9-year-old girl and a 16-year-old boy, I have been declared insolvent because everything we had is encumbered, with debts in the SS and banks, I do not work, I live in my mother's house with the children, I have joined A single woman with her own apartment and a permanent job, we have lived together with my children for more than four years, we have a 4-year-old boy, we have separated, I continue, she lives in Barcelona where the child is also registered and has a school, I with mine We are registered in Barbera del Balles and I have returned to live with my mother, now I am in the same conditions as when I joined her, what legal rights do I have over my son, can I bring him during the week, to sleep with me, even if he is away 20 kilometers away and the next day take him to school.
They will have to agree, which will be the best, but if they do not agree on anything, it will be the judge who determines the visitation regime.
Good night.
We are a couple of Spanish nationality who have been residing at the same address for more than five years and in a stable relationship for more than seven.
On Wednesday I am having surgery and my partner has been told at work that to accompany me to the operation he cannot take a couple of hours and make up for it another day, but must use one of his vacation days. They operate on me again in another three weeks and I will have to miss another day.
For this reason I need to know what documents must be presented at a notary's office and if the paper in which it is recorded as a de facto couple is given to you at the same time.
Many thanks for everything.
In my NOTaría yes, in others I don't know. But your identity documents would suffice
Good evening, we are a couple of Spanish nationality and we have been living together for more than a year and have been in a stable relationship for almost 9 years. We are thinking of becoming a de facto couple but we do not know how to prove that we live together since we live for rent (which is in the name of one of the two only) and the invoices come in the name of a company from the farms with which we have rented the property. floor. Also, I am not registered in the city where we live, but he is, this year I am going to do it now. Could you become a common-law partner or would there be any impediment or problem? Thank you
HELLO WELL, IN MY CASE I HAVE BEEN WITH A GIRL FOR 7 YEARS, AND LIVING WITH HER IN AN APARTMENT FOR TWO YEARS, BUT I AM NOT REGISTERED IN IT TOGETHER WITH HER,,,,THE ISSUE IS THAT WE ARE NOT REGISTERED AS A DOMESTIC PARTNER BEFORE A NOTARY, AND I WANT TO SEPARATE, BUT, THE OTHER PARTY ALLEGES THAT THEY HAVE PROOF AND THAT THEY CAN START A JUDICIAL PROCEEDING TO FORCE ME TO COMPENSATE THEM IN SUCH A CASE, IT IS SO EASY...
THANKS A LOT
After two years of cohabitation, a common-law couple is considered constituted, the breakup of which generates consequences similar to a divorce. There is no compensation as such, but there may be some type of compensation or maintenance.
Hello, I would like to ask a question. I have lived with my partner for 17 years and have three children in common with my partner, ages 16, 14 and 6, and I have a 19-year-old daughter of mine who is not Spanish who has a residence permit due to exceptional circumstances. that will expire in March 2017, the question is if I become a domestic partner, can I renew my daughter's permit without problems? And if I counted the years that I have been with my partner or not?
Being a common-law partner makes things easier, but it is not an automatic issue.
Hello. I am Chilean, 26 years old, in an irregular situation. I arrived in Spain in May 2014 with the intention of staying for a while and continuing to travel, thinking that I could apply for a residence permit from here. It was not possible; Naturally, I couldn't get a job to support myself, keep traveling, or come back.
Now I am a volunteer in an altruistic foundation, in exchange for a roof and food. My boyfriend is Hungarian and also lives and works in the foundation; we want to get married or become a common-law partner in order to get my residence permit so we can both work, live together here and save some time to continue traveling.
I did the registration process in Catalonia just a month ago (I have been in Valencia since I arrived), and he is not registered, despite the fact that he has been working and living here for 2 years.
———————–
THE QUESTION IS:
If we process your registration, and the notarial registration of the relationship, would it be possible for me to apply for the community residence card? (We live in Tarragona) If it is not possible, due to the time spent living together, if we move to Andalusia for example, could we do it?
Or would it be better to get married?
Beforehand thank you very much. You are very kind to answer and your site is excellent. Congratulations.
I await your reply.
Spouses or partners of Spaniards or (permanent) residents in Spain may have a residence permit. In any case, it is not an automatic issue, since the administration reserves the right to verify the absence of fraud before granting the permit.
Good night
I want to end the couple relationship done. We have been separated for a while now and I wanted to know if I can do it unilaterally. My ex-partner is from Argentina and now he is outside of Spain and the European community... Can he have problems? Also, after liquidating the domestic partnership, will they take away the residence? Thank you very much in advance
Hello. Good afternoon. My name is Christian, Argentine with Spanish nationality since I was little. I live with my partner in BCN for a year, both registered, she is from Argentina without papers.
By registering as a common-law couple, could she work? We have been in a relationship since 2009.
Would we need a document that certifies that we are in a relationship all these years? Thank you so much
The partner of a Spaniard or resident in Spain may have the right of residence. But it is not an automatic issue, it will be one more element to be taken into account by the administration, which verifies that they are not fictitious or fraudulent couples. Personally, I would do the notarial document of the domestic partnership, certifying the cohabitation by whatever means possible, and then I would start the residency process.
My wife contributed for more than 25 years, she was married to someone else but was legally separated, I have a daughter with said woman and I lived with her for 10 years, we have a joint mortgage and the daughter in common, my partner died 10 years ago and I never I have worried about the issue of the widow's pension, my daughter receives the orphan's pension and I am very short of funds, I can request something even though years have passed and due to neglect I did not look at anything, before there was no common-law partner, we were not married but We lived in our house for a long time with his joint mortgage with my partner
I imagine that the administration is not going to grant it. Perhaps a court can consider that there was a domestic partnership situation. But in principle you do not have the requirements, which are a documentary accreditation of the union with an antiquity of two years and a coexistence of five.
Good afternoon, I have been living with my partner for 3 years, we are both students and we want to become a common-law partner, I don't know if we can do it without being self-sufficient and if we can do it, we live in Barcelona but we are from other communities, there would be a problem due to do it here? And where do we have to go to do it?
In principle there is no problem. It is true that there are no state regulations on unmarried couples, and therefore you will have to go to the regional regulations with which you have more relationship. In any case, they must know that the regional regulations will regulate their personal relationships, that is, how they will live together and what rights there may be in the event of termination of the union.
Succession and administrative aspects may depend on other laws.
Hello,
My partner and I (both of Spanish nationality) want to formalize our relationship as a common-law partner in Catalonia, where we are both registered (in separate homes). I would like to know how to carry out this procedure through a notary, what is the approximate time and steps expected for formalization, the documents to be provided and the approximate cost of the notary service.
We both do not have the established term of cohabitation established by law in Catalonia (two years) to formalize our relationship as a common-law couple through the civil registry, but if I am wrong please let me know.
Thanks in advance for your prompt response and best regards,
Silvia
The de facto couple requires cohabitation or the will to cohabit. I want this to say that you can become a common-law couple at any time, even if you haven't been living together for two years, even if it's in separate houses. The procedure only requires going to the notary and registering the union in the new registry created (I don't know if it works yet)
Hello, I have a community ID and I am self-employed with a good income and a couple of almost 4 years and a 3-year-old girl.
Would becoming a domestic partnership help my partner have a child? Because the one I had expired and there is no way to get another one.
It can help, but it's not automatic
Hello Luis
I have been in a long-distance relationship with my partner for a year and a half. He is German living in Barcelona and I am Mexican, we want to start living together but due to my nationality the question is very complicated because I can only be in Europe for 3 months.
We have investigated and found that Catalonia is once again enabling its domestic partnership registries this year but since it is not in force yet there is no information on requirements and this worries us because we have never had the possibility of living together. What could we do to achieve registration? Do you recommend us to make the declaration before a notary? Is this declaration before a notary valid for the residence card?
Indeed, the preferable thing would be to make a deed of incorporation of a domestic partnership.
I have been living with my partner and a baby together for two years and I want to know if now that I am going to register as a common-law couple I should also consider the issue of a will, since he previously had two children with his ex-partner.
The subject of the will should always be raised, not only because they are a common-law couple, but also because they have a minor child.
After 7 years of living together and with a child in common, we have broken the relationship. My ex-partner has gone to live at his parents' house and at first he doesn't give me any trouble seeing my son. I have stayed in the family home since it was my property. She does not work but receives a disability pension. How to know what is the distribution of my son's expenses, school, health insurance, etc. ? How and who decides the amount of alimony? Is it convenient that we have in writing the separation conditions that we agree on?
Grateful for your response.
In the absence of agreement between you, a judge would decide. Regarding food expenses, there are tables that the courts manage, depending on your income level.
Hello, I do not have a Spanish residence, when formalizing the cohabitation (partnership), would I receive any document, credential, or residence permit, or work permit? And if legalizing cohabitation before getting married would facilitate the procedures. I am referring to the previous interview since getting married depends on permission to do so. Thank you very much for your time and attention.
No. Proof of cohabitation simply makes it easier to obtain residency, if the cohabitation is with a resident.
Hello……
What right do you have if three months arrive after having deposited the domestic partnership and there is still no response from the process and no letter or anything has arrived………what right do you have in that case? What is the waiting time? Thank you and have a nice day...
I don't really know what the question refers to, not what deposit it refers to. But I think the best thing would be to ask at the place where you did the paperwork.
Hello, my partner is not working, I entered as a tourist and I have been living with him here in Spain for 2 weeks, previously we lived in Venezuela together for 2 years, my question is, once we have been notarized as a de facto couple, my period 3 months as a tourist is extended? Do I have to do something for it? what's it called?
It is not automatic, but you could apply for residency
Hello
I have been living with my partner and two children together for 13 years, they will now give him his Spanish nationality, if we become a de facto couple, can he regroup me?
What do we have to do ?
And how long does this process take?
And what would the cost be?
Thank you for your time
It is a matter outside the Notary's Office, I cannot inform you
Hello, I am a de facto partner with a Catalan at the town hall since 2011 and at the notary office since 2012. My partner dissolved it at the town hall due to an anger we had, but not the notary, should we register again at the town hall or is it not necessary? In October my residence card expires for 4 years. Does this affect anything to lose the permanent?
There is an inconsistency. What they should do is adjust to their actual situation. If it can affect it in other matters I can't say whether to see documentation.
Hello, I live in Catalonia, so we are governed by the registered partnership regime in Catalonia and I have just formalized before a notary public that we are a registered partnership in Barcelona, my question is? my partner having made a will for a previous partner who was not married I don't have a partner with him and that she is a widow and already receives a widow's pension. I am entitled to his pension in the event of his death. I would appreciate it if you would answer me, because it seems that you do not want to make a will in my favor again, thank you very much
If you have gone to a Notary, it is normal for him to clarify these doubts. In any case, the widow's pension and inheritance are different things, meaning that you are an heir it may not make you a beneficiary of the widow's pension, or vice versa. Giving an opinion without seeing papers is difficult, excuse me, but I can't tell you much more, in these conditions
Hi, I'm Argentina, my boyfriend is Italian with NIE. I want to become a common-law partner so that I can legally stay in Barcelona. Among the requirements is having a child, they had not previously asked me for that.
I got a lawyer who does it for me but charges me 700eu, could you do it?
Thank you!!
We do not do issues outside of those that are strictly notarial.
Hi, I'm Anna, from Barcelona again, sorry for writing to see if I can explain myself better. I have been living as a common-law partner for 2 years and 2 weeks ago we went to the notary to sign the document, when leaving the notary he tells me that apart from his first wife, from whom he is divorced. He was with a second couple who neither married nor formalized anything since she was a widow and received a significant pension. And he tells me that with this couple he made a will adding his future widow's pension. I couldn't ask the notary anything because we had just left. My question is? If this lady already receives a widow's pension. How can you buy the one that would correspond to me. Thank you so much.
Hello Luis, in Reus we can register as a common-law couple, I have been told that some town halls do not have this Registry.
The Generalitat has created a register of unmarried couples, which intends to suppress all municipal registers. I have no news that this registry is in operation, so it is best to formalize a notarial document. As soon as the registration works I will announce it on the web.
Thank you very much Mr. Luis, you are very kind
Hi, I'm Spanish and my partner is Mexican. We have been registered as a common-law partner since 2008. We went to Mexico for a few years and now we want to live here. Can they give her residence? Or what can we do so that she can live legally in Spain?
You will have to process the corresponding file, but in principle the partner of a resident has the right of residence.
Hello, I am realizing that we do not have it certified before a notary public, as a de facto couple, we would have to certify it and start the procedures from there? Thank you
Well, they can do it at any time. It's a quick process
Hi, I'm Colombian and in July I'll be living in a common-law union (partnership) for 11 years in Colombia with a Catalan man. We have this union registered before a notary in Colombia. He is registered and has a flat in Hospitalet de Llobregat. He travels every year. once or twice to Spain, I would like to know if this document from Colombia is of any use to register us in the registered partnership in Hospitalet, thank you
The town councils no longer keep the registers of unmarried couples, an autonomous one is pending to be put into operation.
Good morning,
I would like to know how long it takes to regularize the notarial paperwork for a domestic partnership?
Thank you
It's very fast. In the day it is done.
We have lived together in Catalonia for 6 years, we are both registered in the house from the first day, but we did not do any paperwork to be a common-law couple, my question is, do we have the same rights as a married couple to miss work in case of operations medical of a relative of the other, in first degree and 2 degree.?
Hello, my question is the following: I lived with a partner for 6 years until February 2014 (we did not have it registered), during this time he kicked me out of the house for starting a relationship with another woman. Since there are no children in common or anything, I left home without demanding anything from him. In 2011 we founded a company where each one put money, now in 2016 he has started to tell me that he is going to claim my part of the company because I WAS the one who left him in his day and because he was supporting me then. Can you do something and are there any consequences even though two years have passed since the break? Thank you
Contact a lawyer.
You are a common-law couple, but only with each other. In order to prove it, they will need to make a document of constitution of the couple
Good afternoon. I am a foreigner with a 5-year community residence permit. He had been in a common-law relationship for 4 and a half years registered at the town hall in a municipality in Girona. Currently we are no longer a de facto couple, this month I registered elsewhere, we no longer live in the same house. I need to cancel the de facto partnership to present this Certificate abroad. At the town hall where we were registered as a de facto couple they told me that they are not the ones who keep the records of couples, that they are those of Jujats. In the Jujats they answered me that they don't do it either and they can't unsubscribe until it is determined by law who does it. My question is, if I have the registration certificate in another place, the common-law partner is automatically unsubscribed or if not, how can I unsubscribe now?
In order to justify the extinction of the couple, the most advisable thing would be to make a document, by way of divorce, where it is stated that it is extinguished. This document should be done by both members of the couple.
Thank you very much for the reply. Can this document be a Notary Public Dissolution Deed?
Indeed
Thank you!
Hello…my girlfriend and I have been living together for 3 months…she is Spanish…Catalan and I am Argentine but with nationality…but we don't have children and we don't plan to have them either…and from everything I've read I understand that why we can be a common-law couple, we would have to live together for 2 years and have a child together. …my question is…we already want to become a domestic partner…can we still do it?
Yeah. You can become a couple at any time
Good afternoon, I would like to ask a question regarding the domestic partnership. I have been dating for 5 uninterrupted years. I was born in Argentina but I have Italian nationality and I currently live and have residence in Barcelona. I wanted to know if it was possible to establish a common-law relationship with my partner through a notary. We have not formally lived together (sharing bills or rental contracts). Any information on this would help us a lot. Thank you very much in advance, Regards.
To become a couple, your consent in writing before a Notary is enough. The period of time is a requirement to be a couple without any type of document. Due to the ease of the test it is better to become a common-law partner.
Thank you very much Luis for your quick and complete response. It is very useful to me! Only one thing is not clear to me, what "test" are you referring to?
Thanks again!
Prove the existence of the couple whenever requested, either for tax, labor, social security purposes, or in general against third parties.
Hello, I am processing a divorce. And I currently live with a new partner for 9 months, I am filling out paperwork for my daughters' dining room scholarship and it tells me to fill in the family unit information. In my case, are we a common-law relationship? Or not?
I do not think so. But even if they were, it is possible that they will ask for proof of it, which will be obtained quickly through a notarial document establishing a domestic partnership.
My partner is a widow and is receiving a widow's pension. Now we want to go live together and he bought the apartment where we are going to live. We do not have children in common, nor do we want to have.
Our doubt is that if we are registered in the same house and have the same tax domicile, could we lose the pension because we are considered a de facto couple?
Is there any way that I don't stop receiving the widow's pension?
We are from Catalonia. Thank you so much.
I believe that by living together they do not lose any rights. But what you will not be able to claim later is that you were a couple, to try to collect other benefits.
Hello,
I would like to know if I can go to the notary and formalize with my partner that we are a common-law couple without living in the same city.
We are waiting for our wedding date but she needs the certificate this month to be able to request a transfer at her workplace.
Thank you very much in advance
In principle, if they can do it, because I imagine that this double residence is circumstantial.
Thank you very much for responding so quickly. My doubt is that each one has their official residence in a different province. Although when we get married we will have the same address for now, and until we celebrate it, it won't be like that.
Thanks again!
Hello, good afternoon, on January 5, 2015, we went to the town hall of the town where we live in Barcelona, to become a common-law couple. We signed the papers and they told us that it was done. When reading on the internet on your page, that it is necessary to go to the notary, we have not gone, so we do not have rights of widowhood or anything? Please answer me to know if it is valid or not?
It is NOT that it is invalid, we are just saying that it is a simpler form of proof of the existence of the couple.
Hello, I am from Barcelona (alt penedes) and divorced with 3 children, I have had a partner for 6, but due to family responsibilities (schools), I still cannot live with him for 1 year and 1/2. He lives in another region that is a few km from me. Could we become a de facto couple, before living together, for said charges?
I think so, but the charges are indifferent when it comes to becoming a common-law partner
Hello, I am Venezuelan and I want to make a common-law relationship in Barcelona with an Italian. I understand that there are no domestic partnership records here, so if I do the domestic partnership before a Barcelona notary, can I then get the residence card or do I have to register the domestic partnership elsewhere?
Thank you
Being a de facto couple does not imply having the residence in Spain immediately, since you must then follow a procedure with the Police.
Hello,
My partner and I have been together for 2 years. I am Spanish and he is from Türkiye. We have gone to live in London and I have two questions:
1. If we become a common-law couple in Spain, will he automatically obtain a Spanish residence permit? In the case of not being automatic, what procedures should we carry out?
2. In order to live in London, what other procedures do we have to carry out? Is it enough to be a common-law partner in Spain?
Hello, I am German currently living in Mexico but we (my Mexican boyfriend of 3 years and I) are planning to move to Barcelona. In my case, it would be easy to start a life working in Spain, but for my boyfriend – and due to legal permits – it is more complex… We have been exploring the possibility of becoming a Domestic Partnership. Could this be processed from Mexico? Would this guarantee a temporary or permanent stay so that he could work in Barcelona? Thank you!
Spouses or partners of community residents may have the right to residency. Whether it is established as such in Mexico or in Spain, in my opinion it is indifferent, because in any case the residence is granted by the Police, through an administrative file, in which it will be tried to prove that the couple is not fraudulent,
Good afternoon,
My girlfriend is Argentine with Italian citizenship, I am Argentine (Italian citizenship pending). We have been living together for more than 2 years in Argentina. The idea of both is to move to Barcelona to work. Can you tell me what should we do?
I understand that in your case it is easier because you are a community, what should I request?
Thank you!!
Better ask the police.
Hello Luis Prados.
Is it still possible to register a civil partnership in Barcelona? I have lived with my partner for 4 years, 2 years of residence in our country (We can look for a legalized and apostilled residence card to demonstrate seniority in our country) + a year and a half living together and registered in Barcelona together. Can it still be processed in Barcelona and be a creditor of the benefits that you mention in the post?
Thank you in advance for your answer.
I would make a Spanish de facto couple document, stating and accrediting the previous coexistence in your country. It is probably easier for all the procedures in which the existence of the couple must be proven. All the best
Perfect Louis.
Can you give me a link or something on how to proceed? Where can I go?
Thank you and sorry for so many questions.
Greetings
To any Notary in Spain, and of course mine.
I will definitely go there. Should the 2 people go, take a registration certificate, passport, NDI and something else?
Thank you
In principle, that's enough.
Hello,
Good night,
I studied in Spain in 2013 that year I met my boyfriend. In 2014 due to a visa issue I had to return to Peru, we have lived together for the last 6 months, the issue is that we never registered together, nor did we register it with a notary.
From 2014 to date. I have traveled 3 times, even at the end of this month of June, I am going to spend a few days with him, which would always be the fourth time for important dates like my birthday and Christmas, he has come to Peru once.
I wanted to know what procedures you recommend us to do to be together.
1-My boyfriend wants me to go to Spain but I don't want to quit my job without having a permit to work legally in Spain.
2-They told me that in Barcelona there was no longer a common-law relationship and that in our case it did not apply because we have not lived together for a year and because we are in different countries.
3-Will the notarial process help us? If so, I would like to know what documentation I have to present since, as indicated, I travel at the end of the month and perhaps I could take advantage of advancing some procedures.
Thank you so much,
Greetings
Hello, good day. I have a situation similar to previous comments, I have been with my Spanish partner for almost 1 year. I wanted to know where the common-law relationship could be done? Or do I have to wait a little longer? I'm from vzla and I don't have a NIE or work permit but I help with the expenses of the flat...
Thanks for what you can tell me.
You can become a common-law couple, but obtaining the NIE will not be automatic. You can make a couple before a Notary.
Good morning, I am Italian and I have been living in Barcelona for a few months. I have been married for a few days with my Spanish boyfriend.
I arrived in Spain to study but I got pregnant! Now I am a month and a half old, and to have all the medical insurance (CAP) I have to have the Spanish health card, because the European one is not valid.
But, to obtain the card I have to have another certificate "document accrediting public health care" that is requested at calle Numancia 23.
When I got there they asked me for the NIE, although I have my registration and I have my Italian ID.
To obtain the NIE they have told me that I have to bring an employment contract or have 5,000 euros in my account and a health insurance that charges me at 100% or bring the marriage document or be an ECHO COUPLE. Well, we have thought that for the child and to have medical insurance, it is best to become a common-law couple.
Where do we have to introduce ourselves?
What documents do we have to bring?
I am pregnant and I have a letter from the maternity emergency doctor in Barcelona that says that I am pregnant and that I have to do the tests, can we be a common-law couple even if we don't have a child yet?
How long does it take to obtain the document of echo partner? because I have to do the exams before the three months of pregnancy.
many thanks
It is enough that they become a common-law couple in a notarial document, for which only their identification documents and, where appropriate, a certificate of registration are required. The document is immediate
Good morning. My partner and I have been living in an apartment that my parents have for 12 years. We are not registered in this apartment, we do not pay rent and my parents pay for water and electricity and we pay them directly afterwards, so at a documentary level we cannot prove that we have lived together for so many years to become a de facto couple . Recently we have been told by the social security that if we want to access an intro fertilization it is necessary that we be married or a common-law partner. The question is whether writing the notarial deed of a common-law couple is enough or would it be necessary to wait two years later because that is required for invitro fertilization, because if so, I think it would be faster if we got married. Thank you very much in advance.
writing would suffice
Hi, good, I have a question. My partner and I have been living together for 7 years and we want to become a common-law couple. We live in Sant Boi de Llobregat. We have children in common, where should we go? Thank you.
to a notary
Good afternoon, I am a foreign student, my girlfriend is from Slovenia, we have been together for 6 months, now she is working in lloret del mar, and I am studying in cadiz finishing my studies, she suggested that I come live with her in lloret del mar, and make Common-law partner, but I have read some requirements on the internet, and I think there is one that says that you have to have lived together for 2 years to be able to become a couple… could you clarify that point for me? Thanks in advance
No. The two-year term is for the law to consider them a couple, without the need to file papers. But this situation is not highly recommended, since we will have to prove the existence of the couple every time we want to claim their existence. If you are constituted as a couple in a public document, no deadline is necessary,
Good morning, thank you for this very interesting page. I have been with my partner for 8 years, 6 living with 2 children together. He has a son who had an infidelity who bears his last name although there is no deal and he does not live in the country. My question is, if I became a common-law partner, everything financial, assets and business were in my name and I made a will and left everything exclusively to my children, could that "illegitimate" child claim something from everything we have acquired together? (Even though everything is in my name since it was decided that way for possible future problems with that child)
In case the house is currently owned by my father, when it is missing it will pass to my name. In case of already being a common-law couple, my partner being an inheritance for me, can he claim something in case of separation or death?
Children, even if they come from a slip, have the same right as the rest of the children, with respect to who their parents are. By this I mean that your husband's son cannot claim anything from you, but he does have rights to his father's inheritance.
Anyway, the question is too long to answer here. Consult your local notary, he wants you to come and see us.
If I become a common-law partner with my partner, can the first child of this "in the event of the death of the father" claim part of the house that we buy after having the papers if said house or belongings are in my name and there is no will?
It is a very long question. The legitimate one can be claimed by the children, on the assets of their parents, but they do not have any right on the assets of their parents' partners.
Thank you for responding so quickly, I thought that by buying it with my savings and being a common-law partner, even though it was in my name, it was somehow his too.
Good afternoon, I am in an irregular situation, we lived together for 9 months, she has lived in the apartment for 16 years, my question is if we can do a notarial deed, actually?
Yeah. Another thing is that it serves to save what you call an irregular situation
Does the domestic partnership have the same validity before a notary public as in the civil registry?
We are trying to apply for a residence permit for family reunification, and we do not know if the process is correct in this way. Thank you
Common-law couples do not access the Civil Registry. The best thing is to make a domestic partnership document.
Hello,
I am Italian and my boyfriend is Argentine. At the moment I am living in the United Kingdom and he is in the Czech Republic. We have never lived together but we want to move to Spain together, probably to Barcelona.
What would be the requirements for us to register as a common-law couple? I have read that we would have to have lived together for 2 years before we could register. It's right?
Thank you
In order to be a common-law couple, the two-year requirement applies when there is no declaration of becoming such
Hello.
What papers are needed to form a de facto couple in Barcelona city? We have been living together in the same apartment for 5 years with registration. My partner is from Romania and I am from Barcelona. She has a Certificate of Registration as a citizen of the European Union as a permanent Community Resident in Spain since 2007.
Greetings and thanks,
Carlos.
Hello, if my partner and I are a common-law couple and we make a will so that when one of us dies, the other stays in the house, do the parents have the right to the legitimate? Or do they only have the right if a will is not made? We are from Catalonia.
Parents only have the right to legitimate if there are no children.
Good evening Louis. My boyfriend has been working for 2 months and is registered in Barcelona, he has a Portuguese passport and I am Venezuelan. We have 10 years as a stable couple in Venezuela. My question is how we would go about doing the civil partnership process in Barcelona if I understand that it is not legal in Catalonia. I plan to travel in 1 month. Thank you very much for your help
Hello.
To establish myself as a common-law couple, they ask me for life insurance because I am NOT a community member. Does the insurance have to have a minimum coverage?
Thanks for your answer.
Hello.
Register before a notary public as a common-law partner, meet the requirements according to immigration status. Would it entitle me to a NIE as a community member?
Good day. My query is the following: I currently reside in Barcelona (with a community passport), my partner is a Venezuelan national and we want to settle here through a common-law relationship. What would your process be like to legalize yourself here and thus be able to carry out your studies that I already did here a couple of years ago?
Thank you!
You can become a common-law couple. But they must take into account that obtaining residence would not be automatic.
Hello,
I have been living with my partner for 3 years, both of them appearing in the rental contract as tenants.
However, I still haven't been registered in my municipality for two years. Would the Catalan legal system allow us to formalize this relationship despite this?
Thank you so much.
Hello,
My partner and I have been together for more than 17 years (we are EU nationals), we recently moved to Spain… I am not working because I am currently pregnant with our first child (at this stage nobody would want to hire a pregnant women ) my partner works here under the 'indefinite contract' agreement. I would like to give birth here in Spain but we have many problems with getting the SSN and medical care for me (there is no problem with medical assistance but the birth would be a paid service)… we heard that I could get a status of 'beneficiary' under his social number but we need to be married or have proof of registered 'pareja de facto' – we have a house abroad in both our names and shared bank account in UK (we lived there for the last few years), we went to 'Notario officina' and were told that we cannot register as domestic couple because we have been in Spain for just 6 months and need 2 years proof – apparently abroad documents are not going to be considered —- my question is: is it true that we need to live together in Spain for 2 years before we can register as 'pareja de facto'? I apologize but we do not speak Spanish fluently yet.
Good morning, My brother's girlfriend is Italian born in Venezuela, she currently lives in Venezuela with my brother who is Venezuelan. In September of this year she will move to Spain to do a master's degree in Barcelona. They want to live together and work in Spain. We would like to know if it is possible for my brother to obtain the community card to live and work in Spain if they formalize the union as a de facto couple in a public deed before a Notary? What are the requirements and necessary documentation in the event that it is possible to formalize the union? Is it necessary to request an appointment to formalize the union? Thank you very much for your attention
Realizing the domestic partnership is a simple procedure, but that does not give the right to obtain residence by itself.
You don´t need to live together in Spain for 2 years before you can register as 'pareja de facto', you only need your agreement.
I give you the Spanish regulation, however you should consider to ask in the Social Security department.
“Persons who, fulfilling the requirements referred to in the following sections, are in any of the following situations will have the status of beneficiaries of an insured:
Being the spouse of the insured person or living with them in an affective relationship similar to the conjugal one, constituting a de facto couple.
Being an ex-spouse, or being legally separated, in both cases in charge of the insured person due to having the right to receive a compensatory pension from the latter.
Being a descendant, or a person assimilated to the latter, of the insured person or their spouse, even if legally separated, from their dependent ex-spouse or their common-law partner, in both cases dependent on the insured and under 26 years of age or, in case of being older than that age, have a recognized disability to a degree equal to or greater than 65%.
The following will be considered as persons assimilated to the descendants:
Minors subject to the guardianship or legal foster care of an insured person, their spouse, even if legally separated, or their common-law partner, as well as their dependent ex-spouse when, in the latter case, the guardianship or foster care had occurred before the divorce or marriage annulment.
The sisters and brothers of the insured person.
It will be understood that the descendants and people assimilated to them are in charge of an insured person if they live with them and are financially dependent on them. For these purposes, the following must be taken into account:
It will be considered that unemancipated minors are always in charge of the insured person.
In cases of separation due to work, studies or similar circumstances, it will be considered that there is cohabitation with the insured person.
Adults and emancipated minors will not be considered economically dependent on the insured person if they have an annual income that exceeds twice the amount of the Multiple Effects Public Income Indicator (IPREM), also in annual calculation.
All the persons indicated in the previous paragraphs will be considered as beneficiaries as long as they meet the following requirements:
Not hold the status of insured persons based on article 2.1.a of RD 1192/2012, of August 3.
Have authorized and effective residence in Spain, except in the case of those people who temporarily move to Spain and are in charge of workers transferred by their company outside Spanish territory, provided that they are in a situation assimilated to that of registration, contributing in the corresponding Spanish Social Security scheme.
People who meet the requirements for beneficiary status in accordance with this article 3 will not be able to access the insured status of article 2.1.b of RD 1192/2012, of August 3, as long as they continue to meet these requirements.
When a person can hold the status of beneficiary of two or more insured persons, said condition may only be recognized by one of them, prevailing, in any case, the status of beneficiary of an insured person of article 2.1.a mentioned above.
I have been in a common-law relationship for more than five years and I have 3 children with my partner, he is Portuguese, and he has two adult children there.
They tell me that the laws have changed and now the domestic partnership does not have the same validity as before
of 2016 and I will not be able to collect widowhood from the other, nor inherit assets, nor my children have a contribution for orphanhood if that were the case.
What's the true about all this. We are worried.
What they must do is leave the domestic partnership formally constituted, if they have not already done so. In addition to a seniority of the couple, which they have fulfilled, a seniority of the couple's accreditation is required, either through registration in municipal Registries, or the existence of a public document.
Hi, my partner is an EU citizen and I am from NZ. We have been cohabiting for over a year and have evidence of this from NZ. My partner has a job and I will be covered under his health insurance. Do we qualify for unmarried couples?
Many thanks! liv
I think so. Your agreement, basically, is enough.
Thank you Luis!
Sorry, another question! I just read that civil partnerships was reinstated in Barcelona in Nov 2015 and that there may not be any movement until Nov 2016. Is this true or can we apply for civil partnerships now via a notary?
Thanks in advance.
you can apply, right now, via notary, as you say.
I have a relationship of less than two years with a widowed boy. Registered at her address only a month and a half ago. We will be parents now in the middle of September. We thought of formalizing the relationship as a de facto couple, but before knowing if this fact gives us the right to personal days due to the income of the couple, to enjoy paternity leave, due to the income of the minor, etc...
Thank you
That depends on each agreement. Paternity or maternity rights are not linked to being a couple, but to being parents. I don't think they have "wedding" permits.
Hello, I have been with my partner for five years since our son was born. We bought the house for the birth of the child, although it is in his name. I have dedicated myself to the house and the child. I lived in another province and I had to leave my studies to go to Barcelona. Now we want to separate but we don't have any papers that say we're a common-law couple or anything. We only register in the place of residence and we have been living with our son for five years. Now I don't know if I have the right to something or not, if we are a common-law couple or not by not doing anything before a notary, so I don't know if we have to do some kind of paperwork to "separate" either.
Thank you
Hello.
I understand that if the community member is unemployed, they must demonstrate sufficient funds. Now, in Barcelona, how much is the amount that must be shown in the account? Is it enough to have approximately €7,000?
ask the police
Good morning Luis:
Is there a difference between "common law partner" and "stable union" or is it simply a matter of terminology depending on the autonomous community? I am not talking about the characteristics that each one may have in its autonomous community (which, I imagine, will vary) but rather whether they are comparable terms but which acquire different names depending on the region.
Thank you very much in advance.
Greetings,
Marian
Is the same. Talking about a de facto couple when the law is nonsense, that's why the denomination of stable union of Catalonia.
Good morning,
I am Italian, my partner is from Argentina. We want to establish a stable union before a notary and then register in a domestic partnership registry in the province of Barcelona.
I have read that Santa Coloma de Gramenet and El Prat de Llobregat still have a registry of unmarried couples, so we thought of registering ourselves in one of those two town halls.
After registering in said registry, my partner is going to request the residence card of a citizen of the Union. The question is, after that, can we move and register in another town hall without losing his residence card?
Thank you so much.
HELLO GOOD, THANK YOU VERY MUCH FOR YOUR WORK
I AM A SPANISH GUY, MY PARTNER IS OF RUSSIAN NATIONALITY, BOTH AWARE OF OUR LOVING BOND AS IS NORMAL, WE WOULD LIKE TO SPEND MORE TIME TOGETHER. SHE HAS BEEN TRAVELING TO BARCELONA 6 MONTHS A YEAR FOR FOUR YEARS. THREE MONTHS AGO HE ACQUIRED A PROPERTY IN BARCELONA: HOUSING AND CITY WHERE WE RESIDE CURRENTLY REGISTERED.
WHAT REQUIREMENTS AND WHAT ECONOMIC EXPENSES WOULD BE DECLARED BEFORE A NOTARY AS A DOMESTIC PARTNER IN BARCELONA?
WOULD IT HELP TO DECLARATE US AS A DOMESTIC PARTNER FOR THE LONG TERM VISA?
COULD YOU GIVE ME AN ESTIMATE OF THE TOTAL TIME FOR SUCH PROCEDURES?
THANK YOU SO MUCH AGAIN, SINCERELY
Xavi and Katy
Thanks for the answers before.
Could you please tell me precisely what documentation we will need to register as a common-law couple?
Birth certificate and single status are enough? And in case of being Argentine, how do they have to be?
Thanks and best regards
their identity documents and/or passports and registration certificate if they have
Hello, I'm colombian. 13 months ago I registered a de facto union with my partner, in Madrid; but now we have left the relationship and I will request the cancellation of this. At this moment I have a community residence permit as a family member of a union citizen. My question is what should I do to regulate my residence situation in Spain once the de facto union is cancelled, do I lose the residence permit immediately? I currently work and have a contract for 4 years… Thank you!
I believe that it does not lose it, but it can influence its future renewal.
Hello good!!!
My question is that I have had a partner for fourteen years and a child with the 10-year-old, he is separated but not divorced due to personal problems between them. I would like to know that if for any reason something happens to him, I would be entitled to a widow's pension and my son would receive the legitimate one like his brother. Another question is how to know if you become a common-law partner you have the right to vacation as if you had been married civilly or by church.
Hello, what requirements and documents must be presented to constitute a common-law couple, we must be registered in the same city. Thank you
If you are a common-law couple, you are supposed to live together. It is best to bring a joint registration certificate.
Hello! It may be a stupid question. The joint registration certificate, is it just a piece of paper stating that "A" and "B" are registered in the same place? Or are they two roles for each one as a couple?
that is
Hello, I have read a lot on the internet about civil partnerships in Catalonia and I have had very different answers. Today I had an appointment with an immigration lawyer and she told me that in Barcelona it was almost impossible to give residence to my partner through a civil partnership. He told me that I had to register the relationship through a notary, after registering the couple with a notary, I am not sure what to do or what the requirements will be in Barcelona since there are no domestic partnership offices. I would appreciate your help.
The notarial document allows accrediting the situation of a de facto couple, but does not automatically grant residence to the couple. it is requested and it will be the immigration officials who decide, assessing that the couple is not a fraud.
Hello.
Can the apostilled letter of singleness be substituted for a Certificate of Marriage Capacity, issued by the consulate of my country (Venezuela) to register a common-law relationship?
My letter has been in the ministry in charge of apostilles in Venezuela since August 6 and it is not ready yet, I need it soon and I wanted to know if I could replace it.
Thank you.
Greetings
Hello!
As you said "a Catalan registry of stable unions is pending" is there an exact date when/where this registry opens?
And if we have made a public deed before a notary (my partner is from a Catalan neighborhood) are we a registered or unregistered couple?
If the couple is made before a Notary, everything is correct.
Hello, good afternoon Luis.
Before asking my question I wanted to congratulate you on the Blog! It's excellent!
Let me explain, I arrived in Barcelona 3 months ago, I am a community citizen. My boyfriend arrived 2 months ago, he is a foreigner, we have been together for 5 years, but we have never lived in the same residence. I am registered in Barcelona, he is not registered, and we would like to see the possibility of becoming a “domestic couple”. They have told me that in Catalonia there are many "buts" to do the process, so, can I do the process in another community even if I am registered here in Bcn? I understand that after completing the process with the notary, you must go to the police for my boyfriend's residency application and that it may take up to 3 months to find out if it is appropriate or not, during that waiting time he would be Illegal here in Spain because the 90 days as a tourist have already expired? . If the application is approved, I suppose he can work here without any problem?
Thank you very much in advance!
Everything you say is correct, except that in Catalonia there are many buts when it comes to becoming a common-law partner. You don't have to go to another community, just come to Lleida.
Ok, thank you very much Luis!
Hi, my partner and I got engaged before she went to Spain to live due to the situation in our country of residence (Venezuela) she is Swiss and I am Venezuelan. Now that I can leave, I would like to know how it would be done in our case, because although we have not lived together due to distance during this time, we have been in a relationship for approximately 8 years.
I don't quite understand your question.
I have been living with my partner in the province of Barcelona since June 2012 and we are considering becoming a common-law partner. I am divorced with two children in joint custody, she is legally separated, but not divorced, and we have no children together.
Can we become a factual couple with our situation?
Thank you
Yes, no problem
Thank you very much for the response and for the speed.
Greetings
Hello Luis,
My question is, my girlfriend and I want to register as a de facto couple in Catalonia, is there a problem if we live as a couple sharing a flat with other people?
My doubt is regarding this paragraph at point d:
Article 234-2 Personal requirements
The following people cannot constitute a stable couple:
a) Unemancipated minors.
b) Persons related by kinship in a straight line, or in a collateral line within the second degree.
c) People married and not separated in fact.
d) People who live as a couple with a third person.
Thanks in advance!
I do not think so.
After reading and reading comments about the formalization of "domestic partnership" congratulate you on your professionalism.
I would like to know if formalizing a domestic partnership would continue to collect my widow's pension, as opposed to if I remarried, which I would lose. The reason is also that my partner is a foreigner and wishes to come and live here (Catalonia) and I think that formalizing our relationship as a common-law couple without going through the vicarage would of course be feasible via a notary.
I could lose her. It depends on the amounts. We have a post on the web that addresses that issue. Just keep an eye out, as amount requirements can change from year to year.
Thank you very much for your reply. Thank you for the attention received.
Good afternoon
I have lived in Barcelona since 2016 but I have been registered here since July 2016. My boyfriend is not a European citizen but you have been registered near Barcelona for 2 years. We live together for 2 months but we don't have registration together. We want to make a domestic partnership but we cannot do it with the one-year cohabitation requirement, can we do it with a public deed in front of a notary? And after writing this deed, is it possible to ask for registration in the Barcelona civil partnership registry to obtain a residence card for my boyfriend? And how much can be more or less the price to do the deed in front of a notary? And what is the necessary documentation to do the deed?
Thank you so much
You can establish yourself as a common-law couple, but obtaining residence is not automatic, since there will have to be an administrative file, which proves that all the requirements are met.
Hello, my partner and I would like to become a common-law couple, although we are registered at different addresses, we have a child in common and a family book, would these requirements be enough to form a common-law couple?
You are most likely already a domestic partner. but they could do writing too
Hello good,
I am Italian living in Barcelona with NIE and I work with an indefinite contract. I arrived 4 months ago and I'm waiting for my girlfriend who finishes her university studies in December. My question is the following: becoming a common-law couple, could she obtain the NIE to be able to work, work and reside in Barcelona?
Thank you.-
If you are a resident of Spain, your partner may also have the right to residency.
Hello, I was born in Venezuela but I have Spanish nationality through my mother and my question is that my partner and I are thinking of moving to Barcelona (we are a common-law couple, we have the document) and she is from outside the EU and we would like to know if we could formalize there at arrive that we are a common-law couple and thus she opt for residence and be able to work? Thank you
They can do so, but the granting of their partner's residence permit will not be automatic, but requires a file that is intended to prevent fraudulent actions.
Hello, I am from Turkey and I have been living in Barcelona for 2 months with a student NIE. I live with my Spanish boyfriend and we are together (long distance) for 2.5 years. Can we have a partner in fact? If so, will I have a long-term residence permit and full-time work permit as a result? Thank you
You can become a common-law partner, but the granting of residence to a spouse or partner residing in Spain is not automatic, although it is the previous step for the file.
Hello Luis, your page is great, I have learned a lot by reading the comments and your answers, I want to ask something specific, but first I will explain my situation, it will be a bit long, patience hehe.
I am Mexican and I have a residence permit for studies in Barcelona (two-year master's degree until 2018) and I want to change it to a residence and work permit. I have determined that the most viable is to establish a common-law relationship with my Spanish girlfriend with whom I live and have been registered at the same address for a month.
On the other hand, in the city council of Barcelona and depending on my luck, they can ask me for any amount of evidence and documents in an effort to prevent fraud for convenience.
We can demonstrate with documentation that we have been together for a year, however, in cohabitation we can obviously only prove a month.
Now comes the question, with the corresponding notarial deed of domestic partnership in hand:
In what way is it better to "start" the "file" before the Generalitat to request and complete a residence and work authorization for a non-EU citizen in the event of possessing this notarial deed?
I thank you in advance for your time and your prompt response.
I reiterate the most made answer on this website. Establish yourself as a common-law couple before a Notary and then start the corresponding procedures to obtain residence. The proof of cohabitation can only be evidence: invoices, correspondence, witnesses...
Hello Luis, I hope you help me in my situation, which is the following, I arrived in Barcelona in April 2015 through an invitation letter that my boyfriend who is Spanish gave me, in the end I decided to stay, and in July 2015 I registered, I would like to know what the requirements are or how I can become a domestic partner to obtain residence. Regards and waiting for your response
Sign a notarial document, to prove your situation, and then start the immigration file
Good morning, I am infinitely grateful for a blog like this one that I have just discovered. My acknowledgment of the effort behind it and the fact of making the intersecting intricacies that occur between a thousand and one situations available to anyone, with their corresponding rules.
My question is the following, although I have seen it answered in this forum a few months ago, I reiterate it in case there has been an update. The Generalitat de Catalunya has yet to approve the regulations of the Single Register of stable parelles of Catalonia. When the creation of the Registry (but not its development) came out in the press, it was said that the forecast for its entry into operation would be by the end of this year. I have called the department of the Generalitat responsible for its promotion, but those who inform the public have no news. Is there anything new that can be specified a little more? I am closely following the issue because I have an 80-year-old father who has been living together for more than 15 years with a formalized notarial deed, and he has been informed that "his widow" may have real obstacles to collect the widow's pension, and lives in a certain restless way.
And, in relation to this, another question: I understand that the creation of this Registry was made to reinforce the accreditation of the domestic partner after some sentences that precisely made the proof difficult. This difficulty still exists today, which makes it necessary to wait impatiently for this Unique Registry, despite having a notarial deed?.
Thank you so much.
I think that having writing, they can be calm. As you say, this reform is closely linked to the issue of widow's pensions.
Good afternoon,
I am Colombian and I am currently in Colombia as my student visa expired in September. My partner is Catalan and we would like to become a de facto couple in order to return to Barcelona and obtain a residence permit.
My question is: is there any inconvenience if I arrive in January as a tourist and then do the whole process? Will I be able to work in Spain? About how long does the process take to obtain the permit?
Thank you so much
You can become a common-law partner, but as I have repeated many times, this does not automatically imply obtaining residence.
Hi there !!
I would like to know if when you have a child in court they make you a common-law partner?
I'm saying this because now I'm pregnant and I don't know if I'm going to have problems being as a married couple to have another child with an ortho boy, I don't know if I'm making myself clear!
In court they do not make him a common-law partner.
Good afternoon .
I am 61 years old and divorced from my previous relationship. I have been living with my current partner (and their two daughters) in their house (Barcelona) for 8 years. I have two children, a 34-year-old who lives with his partner and another 23-year-old who lives with his mother (my previous partner). I am not registered in Barcelona, because I have a flat in Cerdanyola del Valles which is very close to Barcelona and I have not considered doing so. However, when interested in formalizing the domestic partnership before a notary, they tell me that I must be registered in Barcelona to be able to do so and that the act has the significance that is sought, that is, access to widowhood when the case arises, among other things.
Is this the case or can the de facto partnership be formalized before a notary equally without being registered at the same address. And if so, it would have the same effects or some other procedure would have to be carried out. Thanks in advance
Hello, first I want to congratulate you on your blog. It is very helpful and says a lot about you. We are both Catalans and we live in Barcelona. Our ages 63 and 76 became a common-law couple before a notary public this year, although we were already registered on the floor 2 years earlier. Due to age, logically we cannot have children in common. And I don't know if it will be enough so that in the event that he dies I can collect a widow's pension. I know it's two years and a minimum of 5 years of cohabitation, thanks to your blog. But how are there so many problems with social security and pensions? could you solve this doubt. Thank you so much
Hello, thanks for this blog. it helps a lot. We are Catalans and we live in Barcelona, we are 63 and 76 years old and although we are registered on the same floor, we became a common-law couple before a notary public this year. We are going to have children together, my doubt is in the event of his death. as social security puts problems for widow's pensions. I don't know if it will be enough to be a domestic partner without. children to collect it, thank you very much for clarifying the doubt.
What you will need is 5 years as a couple and two years of antiquity of the constitutive document of the couple, all of this counting from the moment of death of one.
Hello, I would like to know why I have been in a common-law relationship for two years and I have a temporary residence card for a family member of the union for 5 years and now we are going to dissolve the common-law relationship because we both met new partners. Would I lose the right to residency if we dissolve it?
thank you.
I can not tell. I would need to know what type of permit you have.
'-I have had a partner for 2 and a half years, but since he has his house and I have mine, we live every day in his house (BARCELONA) and weekends in mine (TARRAGONA) and each one is registered in his own , can we become a common-law couple?, thank you
-Now we have lived provisionally in Andalusia for a year, can we become a common-law partner in Andalusia, or do we have to do it in Catalonia?
In what regime do couples get together, community property or separation of property?
SORRY FOR SO MANY QUESTION
It all depends on what you want. Common-law couples do not have a marriage regime as such, that is, a separation of property would apply. I think it would be preferable to do it in Catalonia, since it seems that they have more links here than in Andalusia, and above all because there is a more complete law.
Hello, good afternoon. Can my common-law partner who receives a pension of €1,800 since he was an engineer and with a disability due to Parkinson's of 60 % have the right to dependency law? in Cayaluna. And if the couple annuls, with the notary, I have the right to have the notary tell me. thank you so much
I really don't know what you're asking. Try to explain something else.
How to disassociate myself from the domestic partner? I have been in a common-law relationship for more than 3 years, but we separated. We have no children and we are living in different houses. I have been working for more than 3 years for a state company. I would like to know how to dissolve the couple, and what should I do, to get a card again. I'm Argentinean.
If you are subject to the legislation of Catalonia, the de facto separation of more than one year, produces the extinction of the couple, that is to say that it is already dissolved. On the subject of getting a card again, I don't really know what you mean. Whether you qualify for a green card I don't know, but what I think it is you won't be able to get a new card, based on a terminated relationship.
WE are already separated, but legally we are still a de facto couple, I have a community card since 2013 and it expires in 2018, I am still registered at your address even though we are no longer together and I would like to be able to register at mine, but I never did I did because I understood that if I registered on my own, my community regime card would automatically be cancelled, I want to "renew" this card without having to be registered with my ex-partner and without having to have his name on the back of the card, I would like to be able to register at my new address and not depend on anything from my ex-relationship, since I have been working for more than three years
How do I renew my card?
It depends on the type of residence you have, but if you were linked to being a partner of a person, and now you are not, you should request it for other reasons, and see if it meets them.
Perfect, thanks. I ask you another question, if I register at another address, different from the one I had with my common-law partner, is there any inconvenience that the common-law couple dissolves, or does everything continue as it is? Let's say that we would continue to appear as a common-law couple, but at different addresses. Can that be done or is there a risk of dissolution? thank you so much!
The dissolution of the couple and the registration are different issues. You can do what you want. The couple dissolves for legal reasons that you can check at the entrance.
If my common-law partner goes to the notary to cancel it, do I have the right to have the notary inform me? thank you so much
I don't really know what you are asking. The normal thing is that they notify you of the extinction of the couple.
Hi, good morning, thanks for answering me earlier. We are a common-law couple in Catalonia. My question is, can we get married before. notary and has the same validity as in the courts? If this is how my partner has advanced Parkinson's and can't walk much, they can get married by proxy and how many witnesses and documentation must be brought. thank you very much we are both catalan
The notarial marriage is the same as before the court. To get married they have to process the marriage file, nowadays only in the civil registry, and once they have that file, of course they can get married by power of attorney before a notary, although that power of attorney must be special to get married, and they must go two witnesses to the signature
Hello, how did you become a common-law couple in Catalonia? I live in Cornellá de Llobregat, do you know what the requirements are? We are both foreigners but my partner has a residence
Hello, I am a widower and I want to form a common-law couple
My question is, am I receiving the widow's pension if I became a common-law partner, I lose it
I have the right to collect this pension if my partner dies as a common-law partner, I can collect the widow's pension from my common-law partner, renouncing the previous one
It depends on the amounts of the pension.
Very good.
We had a common-law relationship with a Latina for almost a year and a half. She returned to her country, she is with another and the common-law couple continues. Is there any consequence to me if I do not terminate the domestic partnership? Will she have any right over me or something of mine? I live for rent. She does not appear in any role in the contract for the house. He has neither nationality nor residence.
Is there a problem if I don't unsubscribe?
Thank you
Hello Luis Prados.
Could you give me an answer please?
Very kind. Thank you:)
The couple is extinguished by the lack of coexistence of more than a year. If there is no partner, there are no effects
My partner passed away in January 2013. The widow's pension was administratively denied to me. And before the Social Court No. 1 of Mataró (Barcelona) in July 2014, the existence of the de facto couple was demonstrated, by documentary evidence provided by 7 years of cohabitation.
But at the same time, I was denied the widow's pension, alluding to the STC40/2014 that on March 11, 2014 modified Article 174LGSS, annulling paragraph 5 of its section 3 (which provided that in the Autonomous Communities with Civil Law own, accreditation as a "domestic couple" would be carried out in accordance with the provisions of their specific legislation).
I have reached the Appeal of Cassation, with a recent Ruling of Inadmissibility.
I can't find a lawyer who knows how to guide me to address the European General Court. Nor do the Courts of Arenys de Mar or those of Mataró know. I am looking for information on my own using the Internet but I have achieved very little.
Could you please guide me on this, or tell me where to do it properly?
I need to go to the TGE, request free legal assistance and I want to know how long I have to do so after the recent notice of inadmissibility.
Thank you so much.
I think the best thing is to raise it in the Bar Association, if you want to go to Free Justice
I have a stable partner for 10 years, for work reasons we have lived in different CCAAs. Now we have a baby and we have moved to live together in Catalonia but we still do not have the same registration. I wanted to know if becoming a de facto couple in Catalonia would have the same rights as a married person in the event of separation or death of the couple (maintaining said registration at different addresses)
Hello Luis Prados
I have the following doubt. My partner is Spanish and I am not. We have maintained a long-distance relationship, we have time together but we have only been living together for seasons, because I have only been able to be in Spain with a tourist visa and it is very limiting. However, now we are making plans so that I stay with him there and we can live together without problems so that we do not have to return to my country.
We are considering establishing ourselves as a domestic partnership. Our plan is as follows, that I go with my tourist visa and through a notary formalize our relationship as a common-law couple and then apply for the visa as a community family member. But we have doubts about it, we have consulted with two lawyers, one says that it cannot be done and the other the opposite. We are aware of the requirements and we are aware of what it implies, we have a way to prove that it is a stable union, the only thing is that we do not have 2 years of continuous cohabitation, but we want to formalize with a public deed before a notary to In this way, meet one of the requirements to be considered as a common-law couple.
We want to know if it is possible to do it and what would be the procedure to follow, he lives in Barcelona.
I need your help. I appreciate any information.
I will answer you privately
Thank you so much
Hello Luis, I congratulate you on your blog and I will tell you about my situation.
I am Argentine and my boyfriend is a Spanish citizen. We currently live in Argentina, and in April we will move to Barcelona, I am going to study (with a student visa) and he is going to work. My question is: how can we become a de facto couple in BARCELONA? Does this legal figure exist or do we have to marry through marriage? Where is the public deed of the couple done before a notary? If we manage to establish ourselves as a common-law couple IN BARCELONA, can I obtain residency?
From already thank you very much,
Best regards,
cupcake
I think you have it all explained in the post. They can become a de facto couple, but the granting of the residence permit will not be automatic
Hi, I'm a common-law couple for 9 years and we have 2 children from my previous marriage. I have 2 more, that is, I have 4 children. Now I want to separate because we have many problems and I want to go to the town of my.parents .my.question is .how.can I annul the.domestic partnership and.pay.me a.support for.the.2 children.we.have.in common.can I annul it.by myself.without their consent ?
Hello, my partner and I have been a common-law partner for 9 years and we have 2 children in common... apart from my previous marriage, I have 2 more, that is, I have 4 children. .Past 9 @anyos taking care.of.the.children.and.the.house and now I want.to.separate me because we.have.many.problems. annul the.unmarried couple.without.their.consent
Hi Luis, your blog is super complete, thank you very much for it. I present my case:
My partner and I live in Ecuador, she is a Spanish citizen and I am not, we are a common-law couple here and we have the apostilled document. We are going to Barcelona in a month, she wants to return to her country and take me with her…. My question is:
1- This apostilled document is valid in Barcelona to be able to apply for my community family residence.
2- If I use the apostilled document, when I arrive in Barcelona I must enter it in the Civil Registry to validate it in Spain before applying for residence.
3-Is it strictly necessary that she have an employment contract prior to this, so that I can apply for residency (we do not have the amount or the private insurance to do it by other means)?
Thank you very much in advance for any help you can give me.
The person who will best answer you will be the immigration authorities, since they are the ones who make the decision. The only thing that I tell you is that you do not have to carry out any civil registration process
Good morning Luis, thank you very much for your blog, it clears up many doubts. Here is my question:
My partner is Spanish and I am Venezuelan, we live in Ecuador and she wants to return to live in Barcelona, legally here we can make a de facto union, taking her to Barcelona with an apostille, could she request me the Residence for a community family member??
I have read in several Blogs that Catalonia does not accept common-law union, what do you know about it? Although we have been together for more than a year, we would have the de facto union a couple of weeks ago
What would be the first step to take there after the registration and employment contract?
In the event that this document does not work for me, can I arrive and get married immediately?
I am grateful for your help, it depends on deciding our next destination.
You can obtain residence, but it will not be an automatic matter and will be subject to control by the immigration authorities
A year and a half ago my partner and I divorced, and shortly after being together, my partner was told that he had a brain tumor. Yesterday we went to the neurologist and things made us very bad because he had a partner for a short time, We propose when leaving to become a common-law partner to collect the widow's pension to be able to assume the expenses that we have.
It is possible with a domestic partner to collect a pension taking into account that I have a pension of €1000
Hello... Your answers are very good... Well, I wanted to ask you.
I have been living in Catalonia for 7 months. I met my boyfriend… He is from Catalonia, I live with him from October 2016 to January 2017 in Santa Pola and now we are living in Reus. We will become a common-law partner in Reus.. After becoming a common-law partner in a notary's office where I have to go to process the community residence card and more or less how long it can take to issue it..
Hello. I live with a woman and her son in an apartment that has been rented in my name for 7 months. I want to break up and she says that she will file a divorce claim. Do you have any right to a pension? Can you get something from me?
With these data it is very difficult to answer, but I intuit that if your cohabitation has only been 7 months and there are no children or domestic partnership document, I do not believe that the termination of your cohabitation can lead to obligations between you.
One question... is a notarial deed of domestic partnership the same as a public deed of registration of domestic partnership?
Which has more value? Or is it the same? I have inquired at two notaries, in one they tell me that I have to make a civil partnership certificate and they have only asked me for the DNI and the family book. And in another he told me that I have to make a public deed and they also ask me for birth certificates and registration certificates, and they also charge me more than double.
What do you recommend me to do?
I cannot comment on the work of others.
Good afternoon, I have the notarial deed according to which my partner and I were a common-law couple. The town hall of my town does not consider us spouses for the purposes of the capital gain of the house that we both shared, so they do not apply any reduction. Can I claim? If so, is there any article of the Civil Code that protects me? Thank you.
The first thing you have to see is the tax ordinance of your town hall.
Good morning,
With the opening of this new registry of unmarried couples, do we have to re-register those who were once able to register through town halls and notaries? What process must be followed?
Thank you
Good morning,
I am Spanish and I have been registered in Barcelona for approximately 6 months. I have been living with a Catalan here in Barcelona for a year but he is not registered at the same address as me, although we do share rent. Could we register as a common-law couple before a notary? (Coexistence can be demonstrated through bank transfers of rent and common expenses). Or do we need a document that we do not have yet?
You can become a couple. Your mere will is enough.
Your concerns are regulated in article 6.2 of ORDER JUS 44/2017 OF MARCH 26. THE CITY COUNCIL CERTIFICATION WILL BE PROOF OF COEXISTENCE.
Hello… My question is the following… My brother has been living with a woman for 8 years. The apartment in which they live belongs to our parents. She has never worked here, all expenses are borne and have always been borne by my brother. She is from Castilla, where she owns a flat and a house inherited from her parents. Not having his own income, my brother is the one who has taken care of all the tax expenses that this entails. The fact is that they have talked about separating and she, given her financial situation, I mean... nil, asks him for financial compensation.
My question is….Since they are not a common-law couple, she is not registered at the address where they live and they do not have joint checking accounts…what rights does she have over my brother? Can you claim a compensatory pension?
I would appreciate it if you could solve all these doubts, since we do not know how to solve this issue….
Thanks a lot.
This is an issue that most likely will have to be discussed in court, if there is no agreement between the parties. Given the depth of the issue, if you want make an appointment.
Hello, I would like to ask you a question, I have been living as a couple in Barcelona for 27 years, I have seen that there have been developments in unmarried couples, is it currently possible to collect the widow's pension regardless of income? Thank you so much
Hello, I have lived for 20 years with a Spaniard. He is legally separated and we have been registered together for 8 years.
Can we be common-law couples?
He is already 70 years old and I am 53. If he dies, could he collect the penalty?
My partner and I have been in a relationship for 3 years but for work reasons we resided in different municipalities in Catalonia. Now they are going to transfer me to another autonomous community to work and my partner is going to come live with me and we would like to become a de facto couple, but we cannot prove the time we have lived together in Catalonia and obviously it will take time to prove it in the other autonomous community. Could the partnership be formalized in a public deed and would it be valid both in Catalonia and in the rest of Spain, when it came into effect? What documentation is necessary to grant the deed? Thank you
There is no problem for them to become a common-law couple. If there is a public document, the two years of cohabitation are not necessary
Hello, me and my partner have formalized a common-law relationship last year before a notary in Barcelona, now we want it to be registered in the new registry of stable couples, we go there and noz they said that the notary has to do it, we go back to the notary and he tells us that he doesn't know anything, that he's going to ask, we've been there for two weeks and his answer today is that he doesn't know anything, THANK YOU CAN YOU GIVE ME SOME INFORMATION ABOUT THIS SUBJECT, cheers
Everything is regulated in the registration regulations that you can consult in this same blog
Hello, I have lived with my partner for two years and registered at his house since January 2017. He is a widower, I have to become a common-law partner, and if he died before I could collect, I was widowed.
This page is not an online office. If you want, you can stop by the office and we will gladly assist you.
Hello, thank you for this wonderful way of instructing. My situation is this, I have been in Barcelona for 8 years for study purposes, I am a Dominican national, at first I registered in the place where I lived, then I moved several times and I did not register again I have been in a relationship with my German boyfriend for five years, Question. We can become a common-law couple, because I think the laws have changed regarding notaries. And what would be the procedure to follow? Thanks for the information
Of course you can form a couple
Hello, I have been registered in the same place with my partner for 2 years but right now we are not interested in becoming a common-law partner, and we are going to change our place of residence. If we register in another place, do the previous 2 years count? Or we would have to wait 2 years again in case we want to formalize.
All the best.
I think that if they count
I have lived with a man for 15 years. In 2006 I endorsed the purchase of my habitual residence. The notary in the mortgage deed added that the guarantor resided at my home and noted the law corresponding to Catalan couples at that time.
He lives with me but is registered at another address for bureaucratic reasons.
My question is if it is already taken for granted as of 2006 that we are a de facto couple by deed or if we have to carry out another act.
And if in the end we had to make another deed if they would recognize the date of cohabitation 2006 for all purposes or only from the signing of the last one.
Thank you so much.
This page is not an online office. If you want a report or professional opinion, contact us and we will gladly do it for you.
Hello good morning,
I want my partner and I are looking for a flat to be able to live together and register as a common-law couple before a notary. My question is: it is making it difficult for us to rent an apartment just for the two of us; Can you become a common-law partner if you live in a double room? That is, if we rent a room instead of an entire floor?
Greetings!
You can become a couple without major problems
Hello good morning. My partner and I are registered as a common-law couple and we already have an appointment to get married. The question arises as to whether our domestic partnership is automatically annulled or if we have to carry out another document, since we constituted ourselves as such by means of a public document, in which case, that document should specify that we do not cease to be a domestic partnership for breaking our relationship but to get married? Greetings.
Don't worry, the couple is extinct.
Hello, my question is the following: I am Venezuelan with Spanish nationality, I have lived here for 4 months, my Venezuelan boyfriend has been here for 2 months, we are registered in Gijon, but for my work we are going to Barcelona, we want to do the common-law thing , we must register in Barcelona and if there is some time that imposes to do so, I read that in Barcelona there is a public deed that a notary does, what should we do?
Hello good
I have a question, I am a widow and they have told me that if I have a child with a person who does not live together, do they make us a de facto couple?
If you live together it could be
Hello good morning, thank you for this very illustrative blog. I am Venezuelan and I do not have papers, I have lived for almost a year with my Spanish partner of origin, and I am registered at his address but not as a domestic partner, simply his mother who lives with us registered me as her daughter-in-law. The fact is that fortunately our relationship has been excellent, it has gone very well for us and we want to continue together as a couple, so we want to continue through a legalized domestic partnership so that I can also obtain my papers at the time and not continue illegally. So we went to a notary and they did not accept us to have our union notarized since I do not have a DNI or NIE, I have all my documentation such as a certificate of singleness, and literal birth certificates, I do not understand if they allow illegal marriages because they do not allow them to establish a union in fact. Is it possible for your notary to do that? if so how much is it? What is needed and if I have to wait for the first year, thank you very much, happy afternoon
Good Luis and thanks for your answers. My partner and I have formalized our relationship, by public deed, which accredits us as a de facto couple, carried out in Catalonia. For work reasons we are going to move to Madrid. What legislation will be applicable to us at that time with respect to the de facto couple, the one in Madrid for being residents there or the one in Catalonia for having formalized the couple in this community? Thank you!
Well, without seeing the document it is impossible to know.
Good morning, my partner is Spanish, I am Venezuelan, we currently live in Ecuador for a year together. We want to get married in Catalonia and live there, but they tell us that it is faster to register as a common-law couple and thus obtain residence, because otherwise it could be illegal while we wait for the marriage.
Would this apply in our case through a Public Deed before a notary? Upon arrival we would register together, but obviously we would not be 2 years old, what can be done?
Thank you!
being a de facto couple, they must initiate a procedure before immigration that seeks to prove that the couple is not fraudulent
Hello my name is Olga and I have a question.
I live in Barcelona and I am a domestic partner of a legally separated but not divorced man, he gives his ex a compensatory pension.
I would like to know if I would have any right to receive a widow's pension if my partner died?
Yes, as long as you meet the requirements of the social security law. The couple must be registered or constituted in writing, and five years of accredited seniority of the couple and two of the registry or document are required.
Greetings, I am a worker at the immigration office of the province of Murcia and I am given the case of a Spanish-foreign couple who are registered as a common-law couple in your community but have moved to live in ours. Is there any impediment for them to maintain their status as a common-law partner despite having moved to live in another community? Thank you.
Hello, I have a question. With my partner we live in Barcelona and we want to stay here…
I am French (with NIE and raised in Spain), my partner is from Australia.
We have been registered in Barcelona for a year, and we have been a couple for two (the first year we were in Australia, demonstrable with bank papers, joint account, etc., apartment...).
To apply for the 5-year Community Family Card, you must first become a common-law partner, before a notary.
Do you know if it is possible with our nationalities?
What does he need to bring? Passport and birth certificate (it has to be less than 6 months old, right? Do they have to be certified and translated??
We are thinking of making an appointment with a notary, but I wanted to remove my doubts about whether this is really an option for us... After formalizing our relationship before the notary, what should be done? How long does the entire process take to apply for the family card? You run out of 90 days as a tourist at the beginning of October…
Thank you so much.
Good evening, I am from Peru but I lived in the US until July 2017, I met my girlfriend 2 years ago when she went on vacation to the US, she is also Peruvian but has Spanish citizenship and lives in Lerida, we have not lived together that time because I worked there and she only went twice a year to visit me on vacation; A month ago I just arrived in Spain to join her, my question is, can I do my de facto union document before a notary to be able to request my community card to work from abroad? ?
You can become a common-law partner, but what you should keep in mind is that the granting of residency is not automatic. Once they are a couple, they must process the file before the immigration office
I am currently going through a similar situation to the rest of the colleagues in this forum. My mother and I have been taking care of my grandfather, who is almost a hundred years old, for 4 years now... but in recent months he is beginning to have Alzheimer's disease and his care requires more attention. But this last month and a half has been terrible, because my mother is suffering from gynecological problems and we cannot share the tasks and now I take on all the care and I am losing my freedom. my obligations. I am currently suffering from some sleep disorder because I sleep, but I do not rest. I suffer from mental fatigue that prevents me from taking care of myself, together with a loss of weight and my character is highly irascible... greetings to all and thanks to this forum for allowing me to express my feelings.
I started a long-distance relationship with a Russian woman in 2011. Any trip and expense was always at my expense. Seven trips on his part to Barcelona, always asking me for money or to buy him a flat in Russia to decide to come and live in Spain with me. We became a common-law partner in 2013 before a notary, although he did not come to live with me until mid-January 2016. Since then, everything has changed, his character, his purchase demands, his rights. She is neurotic and sometimes threatens suicide for having left her €350 job in Russia. now he accuses me
of psychological and scoso aggression. He is undergoing medical treatment and is already threatening to report me to the police if I don't give him a pension or give him money.
It was all a hoax because of the age difference
I know that in Russia there is a very serious penalty for this type of conduct of cajoling foreigners and then extorting money from them. I think he calls them scrammers.
What I can do?.
She lives in my apartment that I own and is registered in Catalonia.
Thanks di can you help me.
Well, what you ask me is very delicate. The first thing would be to notify you of your desire to end the relationship, but the consequences of this will be determined by a judge, if you do not agree.
Hello
I have a year of relationship with my boyfriend. He has lived in Barcelona for 2 years, but he is German.
I am Dominican and I am studying in Barcelona.
Can we make a couple?
If it is your will, yes
Hello, today I am a legal partner, I am 2 years old with my girlfriend and now we are being a legal partner, and I already went to the notary, now the lawyer tells me that I have to wait for a letter and I want to know what letter I have to wait for at home . Yes, to put a mark abroad
I think it is your lawyer who should answer you
Hello. I am waiting for an extension of my NIE due to internships for the master's degree that I am doing.
I am from the Dominican Republic and my partner is Spanish (from Valencia) but we are both living in Barcelona, is it necessary for him to be registered here to be able to become a de facto couple? I am registered here in BCN.
Greetings
Registration is not necessary.
Hello. I have seen that it is already possible to register as a common-law couple in Barcelona. My partner and I have been living together in Colombia (he is Colombian) and a few months ago I came to Barcelona to look for work. Now that I'm working my partner has come but we don't know how to make him stay. We went to a notary but he told us that it was not possible to formalize a public deed (which is what they ask us to register as a domestic partnership). This is true? what can we do?
Thank you,
Greetings
Good afternoon,
My partner and I have been living together for 3 years but we are not registered together or where we live, nor is there the possibility of doing so due to issues of unaccepted inheritance and trouble... Is there a possibility of becoming a common-law couple? As?
Yeah. It is enough that they recognize it in a notarial document.
Hello, my boyfriend is coming from Mexico in a few months.
We need to start moving papers so that he can stay and live here.
The first thing when you arrive will be to register it.
To be able to go to the notary and become a de facto couple with our respective registrations in the same home.
What would be the next step, in an easier and faster way, to get your papers so that you can be legal and not just a tourist?
Greetings.
Att.,
Sarah
Hello, my boyfriend is coming from Mexico in a few months.
We need to start moving papers so that he can stay and live here.
The first thing when you arrive will be to register it.
To be able to go to the notary and become a de facto couple with our respective registrations in the same home.
What would be the next step, in an easier and faster way, to get your papers so that you can be legal and not just a tourist?
Greetings.
Att.,
Sarah
You can become a de facto couple. What you should keep in mind is that obtaining your boyfriend's residency will not be automatic.
Good afternoon, 5 years ago, my place and I broke up by mutual agreement…. We had the notary documentation and legalizing as a de facto couple in Barcelona, after the separation we did not do the extension of the partnership through a notary… We are still legally a couple,,, At the moment I have another partner and I live in Madrid and we want to establish ourselves legally like this Whether by marriage or common-law relationship,,,, Is it necessary to notify the extension of the separation by notary of my previous partner? Do I have to do it in Barcelona?
It is NOT essential, but if I think it is convenient.
good morning, I have been living with my girlfriend for 5 years and our story ended a year ago, now I have received a summons from the court because she is demanding three years of maintenance at 300 euros per month, and 6000 euros for the last year she was in I stop and took care of the house while I worked. We lived together but we each had their own passbook, and one in common where she put 200 euros and I 500 in proportion to our salary to pay general living expenses. My question is the following: do you now have the right to ask me, and if so, how much? she is currently unemployed after working this summer
All people who become a common-law couple, in my notary's office, are fully warned that in the event of a breakup the effects are very similar to divorce. For this reason, in the event of a breakup, the couple may have a right to compensation for having worked for another's home or business without remuneration, but the amount of it is very impossible to calculate, without a series of data. I think it's best to get in the hands of a lawyer.
I am Spanish and resident in the Dominican Republic since 2014. Time in which I maintain a stable relationship and coexistence with my partner. In April of this year 2017 we were parents and now in January 2018 we will travel to Spain to establish ourselves permanently. My partner has been granted a 6-month visa that expires on April 28, 2018. I would like to know:
-What procedures does he have to do to legalize his situation?
-Is it mandatory to register as a common-law couple? We have to get married?
What is the difference between these two procedures?
THE REGULARIZATION OF THEIR SITUATION IS ALIEN TO THE ISSUE OF CONSTITUTING THEM AS A COUPLE. OBTAINING A RESIDENCE PERMIT IN SPAIN DEPENDS ON DIFFERENT FACTORS, BUT THE FUNDAMENTAL THING WILL BE HAVING A JOB. The differences between marriage and the couple, depends a lot on where you establish your residence, since there is no general law for all of Spain and only some regulations of some autonomous communities.
Hello, I have been living in Barcelona for 3 months with my partner, before coming here we had been living in North America for 10 months, we are registered on the same floor, someone told me that it is easier to become a common-law partner in Girona. My question is, should I do it there, what follows after going to the notary and finally after doing the paperwork, how soon could I obtain the NIE to be able to work? Thank you so much
Spouses or partners of residents in Spain may have the right to obtain residence in Spain, but it does not work automatically. For this reason, once you are a couple, you must process the file at the immigration office.
Hello
My name is Martina and I just got a job in Barcelona. I am a EU-national and my boyfriend is not. So I want to ask if anyone knows if I can establish a partner of fact with him and what are the requirements.
We lived together in Macedonia (I lived in his flat for about a year) but here in Macedonia we don't have some proof that we lived together because the flat and all the bills were on his father's name.
So now I got a job in Barcelona, and the company would do all that NI number and bank account and I will apply for residence.
So how can I take him with me, so he can work and get residence in Barcelona too? (we still don't feel ready for marriage so I thought this might be a useful tool?
You can establish “pareja de facto” with your boy friend. You only need a notarial document that can prove that situation. Only you identity documents are required to sign a notarial document.
Good afternoon,
I am Chilean, I have been with my partner for approximately 2 years, she is from Finland, we met in Chile, since then we have been traveling from Chile to Finland and vice versa to be able to be together, today my partner has been working in Barcelona since September and I have arrived a week ago.
We have made the decision of wanting to formalize our relationship as a common-law couple, I have gone to a citizen service office, they told me that it could be done in three different ways; the first is having a child, the second is being registered at the same address for 2 years and the third is through a public deed, we know that the only option that suits us is that of a public deed, so I would like to know if We are in a position to carry out this public deed and what documents we must deliver.
Beforehand thank you very much.
You can become a common-law couple, your identification documents are enough
Good afternoon,
I am Catalan and my boyfriend is Argentine and we have been living together for a year, outside of Spain. Now in February we are going to Barcelona and I would like to know what documentation and requirements we need to register as a common-law couple and how to proceed
Hello good Morning!!!
I've been in a common-law relationship with an Oriental for a little over 2 years.
But, she, barely, I know where she is for half a year.
Now, I live with another woman for almost 5 months.
My current partner and I want to get married.
What should I do to extinguish the "domestic partnership" and marry my current wife?
Thanks and best regards
It depends on whether you have "papers" for the first couple. But in my opinion it is extinct if they have been separated for more than two years.
Hello, good morning, I am a foreigner and my partner is Spanish, we have been living together as a couple for almost two years and on November 28, 2017 we became a common-law couple before the notary, while we were living together my partner was processing their divorce which was signed on October 30 2017 and the sentence came out on November 3, 2017, currently our domestic partnership document is about to be registered in the single registry of domestic partnerships of the Generalitat... my question is if due to the short time we waited to become a domestic partnership, could Is there a problem when presenting the papers to the Immigration Office?
Hello, I have a relationship since August 2015 living at the same address in the province of Barcelona except for two months that I did not live there. We are two women, I don't have children but my partner has a divorced 14-year-old girl. She is a pensioner and we would like to become a common-law partner. I want to know if by doing so he will lose any right to a pensioner or if everything that I contribute in the marriage can be lost when my partner has his daughter, or what would happen if one of us died... Thank you very much
This website is not an online office.
Hello, good afternoon, I am Venezuelan and my Italian partner lives in Barcelona, he has been gone for a year due to the situation in the country, and we have been working to meet there, now, we plan to do it for this year, or for the months of March, with these new laws on domestic partnership, is it possible to do it without any problem taking all the required papers? And is his Italian bachelor's letter necessary? or the Venezuelan? thank you so much.
No, in principle the letter of singleness is not necessary
Hello my boyfriend, we have been together in Latin America for more than 5 years, he now lives and works in Italy and I will be residing in Barcelona for work reasons. I am not a community citizen. We can register together in Barcelona to legalize our cohabitation situation because I will also be going and seeing between Italy and Barcelona and he too because we want to continue together while we decide if we stay in Barcelona or finally go to Italy
I don't think there should be any problem registering in Barcelona, but it's best to ask at the town hall.
Good morning, I wanted to know, with my partner and son we are going to live in Barcelona in March, we are from Argentina, we are not married and I have dual Spanish nationality, I wanted to know if we can do the domestic partnership process upon arrival or to do it we have to live for a while in Barcelona before.
If you can provide me with that information, to know what papers I can take from here to be able to register as a common-law couple.
Thanks greetings.
Hi there. I have a stable relationship, however I am not registered with my partner even since I do not reside in Spain. I am finally evaluating and after almost 2 years apart, settling in Barcelona with him, starting other studies there and having the possibility of eventually working. I have been reading this from the Registry of Catalonia, however, since I cannot demonstrate stable cohabitation for 2 years, it seems that we have the option of formalizing by means of a notarial public deed. Where can I locate the requirements and cost of carrying out this formalization? Thanks in advance.
Good afternoon,
I am French and I want to become a common-law partner with my boyfriend who is from Venezuela. Is it mandatory to have the Catalan civil residence to do it?
Thank you so much
And we live in Barcelona, but we do not have the Catalan civil neighborhood*
Hello, I am in Spain with a tourist visa, I have a question, maybe you can guide me, I have gone to a notary to establish myself as a de facto couple, the notary sent our documents to the Registry of Stable Couples of Catalonia and they must issue an express resolution declaring the registration, and they will notify us within two months of the presentation. My question is the following. If the notification arrives around the 90th day or after, will there be problems when I apply for the community card if I request an appointment at the foreign office and they give it to me after 90 days? Right now I still have 35 days left to reach 90 days of tourists and while waiting for this notification, doubts begin to arise, greetings
These are questions that it is not up to me to answer, I think it is in the immigration offices where they can inform you, because it is a question that affects their way of acting.
Not at the beginning.
Thanks for this blog post, I have renewed my student NIE from 2015 until now in a few months I would have been in Spain for 3 years. My Spanish partner moved to VIC and now I will move with him. If we do the notary thing, when my current NIE expires can I finally apply for my residency?
In principle, yes, but it is best to consult it at the immigration offices.
Good night,
I would like to know what are the documents that I must present at the notary to register as a common-law partner with my boyfriend, we have lived together for a few months and I live in Barcelona only with a tourist visa.
I know that we must present the identity documents in your case, your ID and I my passport, the registration, but I would like to know what other documents I must present as a tourist.
Your passport
Good afternoon, I would like to know what I can do to obtain an ID, let me explain a little, my partner is from Catalonia, I am North American, I have lived here since May 2010, but until 07-2013 we went before a Notary to become a common-law partner . I have my health card, but they have told me that it expires, they sent me to the social security, but they ask me for my ID, so they can put me on the family card, that with this I would no longer have to renew my health card, but it is the first year that they tell me in the clinic. Could you tell me what steps to follow in order to obtain the DNI; I am a housewife, only my husband works; Thank you very much for your time, I await your response.
Atte. Soul
To obtain a DNI you must obtain Spanish nationality. Another thing is that you apply for a residence permit, which you must do at the immigration offices, where they will inform you of all the necessary requirements.
Good afternoon, me and my partner have been living together for four years, we just bought an apartment and became a common-law partner, we live in Catalonia and I have two of my children. In case I die, who would keep the apartment? We don't have a will.
Well, make a will and whoever you decide will keep it
But by law who would be my legal heir?
I repeat that this website is not an online office. If you want to make an appointment and we will gladly assist you
hello my name is yula
I am Cuban and I am in Spain with a tourist visa and I want to register as a common-law partner with my German boyfriend. Can I do it alone as a tourist or do I have to register?
The best thing would be to register, to be able to justify some cohabitation, also depending on the applicable law they can require between one and two years of cohabitation. If it is in Catalonia there is no deadline.
Hello Luis,
I was thinking with my partner to become a couple in fact. Honestly, with the sole objective of allowing my girlfriend to obtain a residence permit in Catalonia at the moment that she is having some problems with the renewal of the NIE
As we have been together for a short time and I think it is normal to have some doubts, I would like to know:
1) If we can agree with the notary an agreement to regulate our economic relations. Ideally, I would like the agreement to regulate that there is no commitment such as a compensatory pension, rights and obligations, inheritance rights, etc.
2) if the law of inheritance can also be regulated with a will so that here too there are no commitments (Catalan civil legislation establishes that the survivor has an equal position as the spouse so that concurring with children of the deceased, they have the right to usufruct universal of his inheritance, and in the absence of children he will be the direct heir of the deceased, with preference to his parents) ideally here I would like that I can decide without conditions on a) what to do with the apartment that I own, whether to live in it, whether to rent it, whether sell it etc… and b) that, in the event that I die, there are no mortgage debts that I have left, nor any positive inheritance from my partner
thanks for your help
Everything you propose is possible. In Catalonia there is no obligation to leave anything to the spouse by will. And the agreements in life are valid, with small limitations.
Hello Luis, that is to say that I can make a will and that's it? What do you mean by small limitations? thank you
These are issues that cannot be dealt with in this way. Consult with a professional
Hello, first of all thank you very much, I was reading the comments and they are very helpful. I have a question, with my boyfriend we started the domestic partnership process more than 1 month ago, I have lived with him since January of this year but a month and a half ago we registered together and last week we went to sign the public deed. We have the appointment with foreigners in 4 months and we have to gather the documents, is it enough with his contract and pay stubs? He is Italian and is listed there, but he physically works in Catalonia, has a NIE and is registered.
Thank you!
Who better can answer you is in foreigners.
Hello. My partner has been living in Barcelona for work for about 6 months and I am still in Madrid, but I intend to move in with him in a couple of months. We have been in a relationship for 8 years, of which 6 years have been living together, except for the last mentioned months. Is it possible through a notary to register us as a de facto couple given our situation, when I am already in Barcelona? I have read that one of the two needs to have the "Catalan neighborhood", is that correct? Would it help to demonstrate coexistence prior to being in BCN?
Thanks in advance and congratulations for the work you do advising.
I believe that there is no problem in becoming a couple in Catalonia, if both of you reside there. With the consent of both, there is no need for a prior duration of cohabitation, in accordance with Catalan law
Good afternoon,
I am Spanish living in Catalonia, therefore Catalan civil law applies to me. Together with my partner (Uruguayan nationality, passport in order) we have begun the procedures to obtain a common-law partner through a public deed before a notary. My partner is already registered here, with a bank account and social security card.
What is our surprise when the notary tells us that you need your NIE to process said deed, we go to the immigration office and the central police station where the NIE is processed and they inform us that the NIE is not necessary for said process, we inform you to the notary and tells us that this is not true. We are confused and we don't know what to do, it's like a fish that bites its tail. What can be done?
Thank you
In my opinion, the NIE is only required when the notarial act has tax implications. It is not the case of a common-law couple
Thank you very much for your blog, I am Dominican, since 2015 I have renewed as a student, my Italian partner will become a common-law partner before a notary, he has social security, I also have several years of internship, and he has a job, my question is the following: It is difficult if we are a prisoner of the same sex, we live in Barcelona. Do you know how long this procedure will take?
Thank you so much,
Victory
These are issues that depend on foreigners, I can't tell you.
Hello! I have Spanish nationality and I and my partner have been living in Argentina for more than 3 years. We want to go to Catalonia, can I register as a common-law couple with proof of our cohabitation here? Thank you.
The best thing is that they deal directly with a NOTARY of the place when they are already in Catalonia. In principle, their mere will is enough to establish themselves as a couple. The problem is that in Spain there are various legislations on unmarried couples, and recognition between Communities can be problematic.