Family forms became more diverse and Argentine law adapted to this reality. Today, Living together without marriage does not mean staying outside the legal system. The Civil and Commercial Code recognizes this Living communities and assigns them their own rules with specific rights and obligations.
What is a civil partnership within the meaning of the law?
The Civil and Commercial Code contained a regulation that deviated from marriage: Life communityregulated by Article 509.
The law defines it as living as a couple based on an emotional relationship. public, notorious, stable and permanentbetween two people – of the same or different gender – who live together and pursue a common life project.
Out of Grispo Lawyers They explain: “It is not a simple informal cohabitation: if the legal requirements are met, cohabitation has concrete legal effects.”
For the union to achieve this impact, certain basic elements must be met:
-
Existence of a relationship (it is not a cohabitation between friends or family)
-
Single connection without parallel coexistence
-
stable and long-term coexistence
-
Minimum term of two years of living together
The change in focus is clear: the law no longer only protects marriage, but also those who choose to live together, albeit under a different regime.
Civil partnership registration: is it compulsory?
Cohabitation communities can log in in a local register in accordance with Article 511 of the Civil and Commercial Code.
You can log in:
Registration must be applied for by both life partners and a new partnership cannot be registered without dissolving the previous one.
Key points to note:
-
It is not mandatory to register the union for it to exist.
-
Registration makes it easier to provide proof: if it is registered, cohabitation is considered proven.
-
If the union is not registered, it may still have an impact if tested in other ways.
As they highlight from Grispo Lawyers“Registration does not create the union, but it does make it more visible and secure against third parties such as banks, owners or heirs.”
Coexistence agreements: clear rules from the start
The law allows – and experts recommend it – the organization of community life through a Coexistence pactregulated in Articles 513 and 517.
Key Features:
The agreement may, among other things, regulate the following:
-
This way you can contribute to household expenses
-
What happens to the apartment in the event of a separation?
-
How the goods gained through joint effort are distributed
However, autonomy has limits. The Pact tilt:
-
abolish mutual aid
-
exclude the obligation to contribute to the budget
-
Elimination of liability to third parties for household or child debts
-
Leaving the family home and important furniture unprotected
Out of Grispo Lawyers They emphasize that “the law establishes a mandatory floor that is very similar to marriage and cannot be overturned by private agreement.”
Rights and obligations while living together
If no agreement is reached, the supplementary legal regulation applies (Articles 518 to 522).
During coexistence:
-
Each roommate manages their own assets
-
There is a duty to provide mutual assistance
-
both have to contribute to the household costs
-
There are Total liability for debts intended to finance the household and children’s education
-
The family home is particularly protected from actions that could render the other roommates helpless.
The logic is to prevent one of the members from being completely defenseless in their shared life.
What happens when living together ends?
The cohabitation can be ended for various reasons: including by mutual consent, unilateral decision, de facto termination, death, marriage or new relationship (Article 523).
In view of the separation, the law envisages three main effects.
Economic compensation
When separation creates a obvious economic imbalanceone of the roommates can request compensation (Articles 524 and 525).
It is not automatic: the damage and its connection to coexistence must be proven. It can consist of money, the use of a commodity or another modality.
Protection at home
The family apartment can be assigned to one of the roommates for a maximum period of 10 years two years since quitting.
For rental properties, anyone not listed as a tenant can continue the contract until it expires.
In the event of death, the surviving co-tenant can request the following: free real right to room for up to two years, provided you meet the legal requirements.
Assets acquired during cohabitation
If there is no agreement:
However, claims can be made based on principles such as: B. be asserted unjust enrichmentalthough they tend to be more complex and contentious.
Practical recommendations for roommates
For those who decide to live together without marriage, specialists advise:
-
Register to join when the project is stable
-
Sign a clear cohabitation agreement
-
In particular, protect the family home
-
Anticipate situations related to children, expenses and care
-
If you have unequal assets or if you are a second couple, seek legal advice
As a summary, there Grispo Lawyers point out: “Cohabitation is no longer a legal vacuum; knowing its rules is the key to avoiding conflict when the relationship goes through its worst moment.”
About The Author
