Luis Prados Ramos
Notary

DOMESTIC PARTNERSHIPS IN THE CATALAN LEGISLATION

DOMESTIC PARTNERSHIPS IN THE CATALAN LEGISLATION

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

698 thoughts on “LAS PAREJAS DE HECHO EN EL ORDENAMIENTO CATALAN”

  1. Francis WELCOME GARCIA

    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.

    1. 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?

        1. 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

      1. 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?

    2. Rompí con mi ex de 7 meses un poco más de una semana. Era más o menos una relación en la que los dos estábamos tomando unos a otros por sentado. Con el tiempo terminó por venir a mi casa y me dijo simplemente: ‘Sé lo que vas a decir, no está funcionando’ antes de que tuviera la oportunidad de. Entonces le corrí hacia la puerta diciendo “usted debe irse ahora” y cuando él trató de decir adiós a mi labrador que era muy grosero. Yo básicamente dije ‘¿qué estás haciendo ?! Sólo salir ‘. La peor parte fue que cuando llegamos a la puerta abrí alegremente y luego dijo en un cantar la canción de voz ‘byeee!’ y luego cuando dijo ‘hasta pronto?’ Me dijo ‘no te puta no lo haré “y cerró la puerta. (Disculpas por todo el discurso en el centro del texto). Me siento tan mal por acabar con ella de tal manera fría después de terminar la relación era a la vez de nuestras faltas. En las redes sociales parece estar haciendo muy bien, pero me siento horrible y como una perra. Mis amigos me dicen que no al texto una disculpa como podría parecer un ex desesperada tratando de volver a estar juntos. Sin embargo, yo realmente sólo quiero dar al pobre hombre una disculpa, que lo hice pero no hay manera, me no le llevó de vuelta. yo estaba tan deprimido y frustrado porque yo lo amaba. por lo que he oído acerca de un hombre que puede ayudar a resolver los problemas de relación y me contacté con él en (prayerstosavemarriage@hotmail.com) y él me ayudó a orar por mi relación y mi ex regresé a mí y estamos feliz hoy, también puede ponerse en contacto con él ahora, si usted tiene cualquier problema en (prayerstosavemarriage@hotmail.com).

    3. 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

      1. 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?

    4. 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?

    5. 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

  2. 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!

    1. 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.

    2. 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.

      1. 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

          1. Maria Josefa Mosquera Mosquera

            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.

  3. 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?

  4. 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?

    1. 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.

      1. 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.

        1. 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.

  5. 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

    1. 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.

  6. 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

  7. 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….

  8. 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

    1. 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

  9. 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?

    1. 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.

  10. 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

    1. 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.

  11. 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?

  12. 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.

  13. 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.

    1. 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.

  14. 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

    1. 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

    2. 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.

  15. 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

    1. 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.

  16. 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?

  17. 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?

    1. 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.

  18. 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

    1. 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.

  19. 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,

    1. 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

  20. 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???

  21. 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.

    1. 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

      1. 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.

  22. 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

    1. 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

      1. 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.

  23. 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

  24. 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

  25. 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.

  26. 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.

  27. 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.

  28. EMERSON GOMES DA SILVA

    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

    1. 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.

  29. 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!

    1. 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.

  30. 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.

    1. 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

  31. 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

  32. 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!

  33. 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

    1. 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.

  34. 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?

    1. 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

  35. 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.

    1. 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

  36. 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?

    1. 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.

  37. 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?

      1. 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

        1. 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.

      2. 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

  38. 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.

  39. 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)

    1. 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.

  40. 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

    1. 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.

  41. 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?

  42. 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

    1. 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.

  43. 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?

    1. 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.

  44. 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

    1. 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

      1. Martial Carretero Perez

        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

  45. 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.

    1. 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

  46. 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?

    1. 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.

  47. 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

  48. 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

  49. 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?

  50. darling castellanos

    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

  51. 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.

  52. 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.

  53. 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

  54. 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.

    1. 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.

  55. 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.

  56. 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

    1. 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

  57. 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.

    1. 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.

  58. 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

      1. 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.

  59. 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

    1. 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

  60. 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

    1. 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.

  61. 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.

    1. 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.

  62. 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.

    1. 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.

  63. 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

    1. 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.

  64. 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?

  65. 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

  66. 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

  67. 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!

    1. 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.

  68. 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?

    1. 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.

  69. 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…..

    1. 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.

  70. 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.

  71. 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?

  72. 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.

  73. 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

  74. Sofia Argueta Perez

    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.

  75. 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?

  76. 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

  77. david antonio castillo

    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

  78. 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?

  79. 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.

  80. 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.

  81. 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

    1. 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

  82. 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

    1. 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.

  83. Maria Luisa Domenech

    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

  84. 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.

  85. 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.

  86. 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

  87. 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?

  88. 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?

        1. 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.

          1. 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

  89. 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

    1. 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

  90. 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

  91. 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.

  92. 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

  93. 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!

    1. 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.

  94. 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.

  95. 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.

  96. 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?

  97. 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?

  98. 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?

  99. 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

  100. 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.

  101. 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

  102. 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.

    1. 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.

  103. 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

    1. 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.

  104. 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.

    1. 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.

  105. 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.

    1. 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.

  106. 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

  107. 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.

    1. 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.

  108. 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!

    1. 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.

  109. 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.

  110. 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!

  111. 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!

    1. 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.

  112. 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?

  113. 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

    1. 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

  114. 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?

  115. 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

  116. 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?

  117. 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.

  118. 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.

  119. 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

  120. 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

    1. 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.

  121. 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?

  122. 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.

    1. 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.

  123. 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

  124. 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

    1. 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.

  125. 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

    1. 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.

  126. 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?

    1. 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.

  127. 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

    1. 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)

  128. 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.

  129. 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?

  130. 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.

  131. 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.

  132. 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.

  133. 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...

  134. 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?

  135. Maria del Pilar Bonilla

    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

  136. 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?

  137. 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

    1. 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

  138. 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!!

  139. 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.

    1. 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.