Union: How do you divide assets in case of separation?

Ctwo people are in union in fact when they have lived together for more than two years in conditions similar to those of married people – that is, they must form a couple, live in the same house and make a common life. If there is separation, how do you divide the goods? 

How to divide goods if the union in fact ends

The rules differ if the fact of ending union due to the separation or death of one of the couple's members, according to the public service portal gov.pt. 

• In case of separation

“ There are no special rules for sharing the goods when a union actually ends. There are only special rules to decide who stays in the house where they lived”, one can read. 

In other words, “if no combination is made, when one person has acquired goods with the collaboration of the other during the de facto union, the situation will have to be analysed according to rules of ownership or enrichment without cause“:

1. “ Second ownership, the united in fact are both owners of a good (mobile or immovable), in proportion to what each of them has contributed to their purchase.
2. For its part, the enrichment without cause determines that anyone who enriches without justification at the expense of another person must return what he has obtained. That is, if one of the people acquired a good in his name, but with money from the other person, one cannot understand that the good is only from the person who formally acquired it”. 

• In case of death

If the person to whom you belong dies

“If the surviving person does not have his own dwelling in the same county where he lived in a de facto union, he has the right to live in the house: for 5 years after the death of the person to whom the house belonged; for the total of years that the union actually lasted, if the union actually has more than 5 years at the time of death. These deadlines may be extended by a court decision. After this time, the surviving person can continue to live in the house paying a rent. While living in the house, the survivor has the right of preference to buy it, if it is sold”, it can be read on the same website.

If the house belongs to both people

In this case, the surviving person has the right to live in the house exclusively:

• for 5 years after the death of the person to whom the house belonged
• for the total of years that the de facto union lasted, if the de facto union is more than 5 years at the time of death.

“ These deadlines may be extended by a court decision. After this time, the surviving person loses the right to live exclusively in the house. In the event of death, the person who lived in de facto union with the deceased pensioner can still ask for widowhood pension”, is also referred to in the same portal. 

How does unity prove true?

You should also know that, “in order for union to have effect, it must be proved”: “For example, when you want to make the IRS statement as a couple or receive a Social Security allowance in the event of the other person’s death, you have to prove that there is a real union.”.

“ As de facto unions can be recognised through a declaration issued by the parish council. You should contact your local parish board and ask for information about the documents and requirements to obtain the declaration”, recommends the same portal.

More: “For the union to be recognized, people may not be less than 18 years old, be first-degree relatives (mothers or fathers with daughters, sisters or brothers among themselves) or have been convicted of killing or trying to kill the other person’s ex-spouse.”.  

You can consult here all information on this topic.