What the law says: the same effects as marriage
Article 77 of the Constitución (Constitution) says: "Las uniones estables de hecho entre un hombre y una mujer que cumplan los requisitos establecidos en la ley producirán los mismos efectos que el matrimonio" (stable de facto unions between a man and a woman that meet the requirements set by law will produce the same effects as marriage). Interpreting it in ruling 1682 of July 15, 2005, the Sala Constitucional (Constitutional Chamber) of the Tribunal Supremo de Justicia (TSJ, the Supreme Court) noted that the law had not yet defined those unions and set the requirements based on the Código Civil (Civil Code).
The Sala took the concubinato (cohabitation) of article 767 of the Código Civil as the unión estable de hecho (stable de facto union) that, for now, is equated with marriage. It also clarified that not all the effects of marriage apply automatically: those that do apply are the comunidad (joint ownership) over what is acquired, support (alimentos) between the partners and inheritance rights.
Requirements under ruling 1682
Who owns the home?
| Situation | What the rule says |
|---|---|
| Bought during the union, in one name only | It belongs to both. Ruling 1682 says the comunidad exists by operation of law over what is acquired during the union; article 767 of the Código Civil already presumed it even if the assets are in one name only. |
| Bought in both names | Both are co-owners. The shares are presumed equal unless otherwise proven (art. 760 of the Código Civil). |
| Bought before the union, or received by inheritance or gift | Applying the rules of marriage, it belongs to whoever acquired it (art. 151 of the Código Civil). |
The presumption in article 767 only has effect between the partners and their heirs. Ruling 1682 went further: the comunidad is governed by the rules of the marital property regime, creditors of the comunidad can collect from the joint assets, and the comunidad ends when the union breaks up.
How the union is proven or registered
In 2005 there was no registry of unions. Ruling 1682 required a sentencia definitivamente firme (final, unappealable judgment) recognizing the union and stating its start date and, if applicable, its end date.
The Ley Orgánica de Registro Civil (Organic Civil Registry Law; Gaceta Oficial No. 39.264, September 15, 2009, in force since March 15, 2010) opened another route:
The Sala de Casación Civil (Civil Cassation Chamber) has said that these records are reliable proof of the union and are enforceable against third parties from the date of registration (ruling No. 2 of February 9, 2023). In a ruling of August 6, 2025 it repeated that the record is full proof without the need for a lawsuit (in that case the judge only had to set the duration of the union) and that its retroactive effect applies between the two partners, not against third parties.
Does your partner have to sign to sell?
Between spouses, article 168 of the Código Civil requires the consent of both to sell or mortgage a property of the comunidad. For de facto unions, the TSJ draws a distinction depending on whether or not the union had been declared or registered at the time of the sale:
What is not fully settled: the Sala de Casación Civil requires consent if the union was already declared or registered, but in 2023 the Sala Constitucional used a general formula (the law does not require concubinos, cohabiting partners, to give consent) in a case of a union declared after the sale. We found no Sala Constitucional ruling on a union registered before the sale. Between spouses, article 170 only allows the sale to be annulled if the buyer had reason to know that the property was joint. The prudent course is for both to sign. If the property is in both names, both signatures are necessary to sell the whole property: each co-owner can only sell their share (art. 765 of the Código Civil). The step-by-step sale process is in the guide to registering a sale.
If you separate or one of you dies
Separation. The comunidad ends when the union breaks up, a fact that must be proven by whoever asks for the liquidation (ruling 1682). No one is required to remain in a comunidad and anyone can request the partition (art. 768 of the Código Civil). If the union was never registered, whoever claims their share will need a court declaration with the dates of the union.
Death. Ruling 1682 recognizes inheritance rights for the survivor under article 823 of the Código Civil, provided the death occurs during the union. The survivor takes the place of a spouse:
Ruling 1682 does not say how the comunidad is separated before the estate is divided; what follows is an inference. Applying the marriage rules that the ruling says to use, joint property belongs to both in halves (art. 148 of the Código Civil), so the survivor's half would not be part of the inheritance. To exercise these rights, the survivor must prove the union with the record or with a court judgment. To sell afterwards, see the guide on selling an inherited property.