WhatsApp

Common-law marriage · SPD Advocacia

Common-law marriage: recognize, formalize or dissolve

Living together creates rights over assets, support and inheritance. Whether to formalize it, prove a relationship that has already ended or divide the assets, tell us about your case and receive an assessment.

Notary or courtsAttorney-client confidentialityReply via WhatsApp
Tell us about my caseSend documents

What the law says

What defines a stable union

It is a public, continuous and lasting relationship with the aim of forming a family. It requires no minimum time, nor that the couple live in the same home, and it applies to couples of any gender.

Assets

Without a written contract, partial community of property applies: what was bought during the union generally belongs to both.

Contract

The couple may choose another property regime in writing, by deed or private contract.

Inheritance

A common-law partner has the same inheritance rights as a spouse, according to an STF decision.

Conversion

A stable union can be converted into marriage.

Sources: Civil Code, arts. 1,723, 1,725 and 1,726; STF, RE 878,694 (Theme 809 of general repercussion).

What is your case?

Situations the firm handles

We want to make it official

Stable union deed

It sets the start date and the property regime, and makes health plan, pension and inheritance matters easier.

Notary office
The relationship ended

Dissolution and division

With an agreement, it can be done at a notary office (cartório), following the rules when there are minor children. Without an agreement, it goes to court, with division of assets and, if applicable, support.

CPC, art. 733
The other party denies the union

Court recognition

Photos, joint accounts, witnesses and documents help prove that you lived together and when it started.

Civil Code, art. 1,723
My partner passed away

Post-mortem recognition

Required to secure inheritance, the INSS survivor's pension and participation in probate.

STF, Theme 809
Children

Custody and support

The separation also defines custody, visitation and child support.

Civil Code, arts. 1,583 and 1,694
Assets

Planning

For those with a company or properties, a cohabitation agreement avoids future disputes.

Civil Code, art. 1,725
This page provides general information, does not replace an analysis of the case and there is no guarantee of results.

Step by step

How the firm works

  1. Listening. Dates, assets, children and what the couple or you need to resolve.
  2. Documents and evidence. Organizing what shows the shared life and the assets.
  3. Notary or courts. A deed when there is agreement, a lawsuit when there isn't.
  4. Follow-up. Division, registration of assets and other steps.
+5 thousand cases handledTen years of law practicePractice before the STJ and the STFFeatured in G1, UOL, Estadão and TV Globo

Case review

Let's review your case

Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.

Common questions

Frequently asked questions

Is a long relationship a stable union?

Not necessarily. What counts is the intention to form a family, not just the length of the relationship.

Are the assets I had before included in the division?

Under partial community property, assets acquired before the union and those received by inheritance or gift are, as a rule, not included.

Do I need a deed to have rights?

No. The union exists based on the facts, but the deed makes it easier to prove and avoids disputes.

Do you serve clients outside Goiás?

Yes. Deeds and court cases can be followed remotely.

How much does it cost?

After the analysis, the firm sends a written fee proposal before any engagement.