In recent years the number of marriages has decreased. There are many couples who decide to live together without declaring their relationship before the law. In Catalonia, the legislator has legislated the stable couple (regulated in the second book of the Civil Code of Catalonia) as a response to social needs. The stable couple has in some elements similarity to the regulation similar to the marriage, but for the most part it is governed by its own regulations. This is because the will of those who register as a stable couple is not to create a marriage bond. Consequently, the rights and duties of a marriage should not apply to those who are registered as a couple. That is why in terms of successions and inheritance issues, the stable couple is not equated to the marriage bond in an absolute way. 

Unlike other European countries, there is no regulation at the state level. Each Autonomous Community may have its own regulations and records. Stable couples are considered to be those who meet one of the following requirements: They are registered as such in the register of stable couples, who live together uninterruptedly for two years or who, during cohabitation, have a child in common (art 234-1 CCCat). Stable couples enjoy different benefits. Among them: housing rights, the possibility of establishing agreements between cohabitants, and benefits in the tax field, among others. In Catalonia it is possible that this regulation is applied to one even without having requested it.

intestate succession

When a person dies without having made a will, a succession is opened ab intestato, in which the heirs are determined by law. In these cases, the Civil Code of Catalonia establishes in its fourth book that those who inherit are their descendants, the spouse or stable partner; if there are none, the parents, or if they have predeceased the deceased, the siblings or their descendants, and so on until an heir is identified. For its part, the Spanish Civil Code (applicable to those who do not have a Catalan civil residence) has its own regulations, different from the Catalan regulations. A key difference is that it does not support inheritance. ab intestato by the stable partner. When one dies without a will, there is a risk that the disposition of the assets is not in accordance with what one would like. 

In those cases in which, as is increasingly common, cohabitation with a stable partner is not registered in the corresponding register and a will has not been made, determine the succession ab intestato it can be tricky.

The criteria of the Provincial Court of Barcelona

In the Judgment 13541/2021, the Provincial Court confirms the adequacy of the declaration of heir ab intestato of the stable partner of the deceased. In the present case, the problem stems from the non-orthodox nature of the deceased's relationship with his stable partner: they were not registered in the registry of stable partners, both had their domicile and were registered in different cities (Madrid and Barcelona). ), and they did not live together on a daily basis. Technological advances and the flexibility of the labor market make this kind of circumstance occur more frequently. 

The main issue of the litigation is the definition and necessary requirements for that "uninterrupted coexistence in a community of life analogous to marriage" that requires the article 234-1 of the Catalan Civil Code. The criteria used by the Provincial Court are enlightening for those people who may find themselves in a similar situation. The Provincial Court resorts to the jurisprudence on the matter, and dispenses with the literality of the articles. Coexistence should not be daily, nor is it required to be in a common and unique address, but the regularity and stability in coexistence must be proven. The uninterruptibility of the CCCat refers not to the physical environment but to the commitment of the couple.

To prove this stability, the parties used different evidentiary methods. Investigations carried out by private detectives, who spoke with the defendant's neighbors (both in Madrid and Barcelona), interviews with the doorman, electricity and water bills from the defendant's home in Madrid, receipts from purchases in supermarkets and even the subscription to a gym by the defendant. The failure of the Judgment means that the relationship of both is equated to that of a stable couple; not by their will, but by the judge. In the end, it is the testimony of the neighbors and the expenses and habits of the couple, which definitively confirm the stability of the relationship. 

Solutions to this situation

Faced with this kind of situation, the need to legitimize those relationships with the greatest impact on our private lives becomes evident. If one's own will is not expressed in accordance with the law, it is the Law that expresses its will, without respecting personal particularities. That is why we recommend regularizing and legally establishing the will, using the most appropriate means for each case. 

For those people in a consolidated romantic relationship, who wish to enjoy greater protection and benefits, registration as a stable couple or the celebration of marriage can provide greater legal protection to the relationship. It is important to bear in mind that the protection of the stable partner varies depending on the level of recognition of each autonomous community. For its part, the benefits and rights associated with marriage are uniform throughout Spain. Due to its nature and regulation, marriage is a recommended option for those couples with a stable nature and a desire for the future. 

Likewise, granting a will (even when there is no risk or if you are young) allows you to define the ultimate destination of your assets, and is recommended for all those who have assets or want to give their assets a specific purpose. When you have a will, it is easy to avoid problems in the inheritance, since the will of the testator is known. The will can avoid conflicts between descendants and judicial intervention, differently from the case dealt with by the Provincial Court. Here you can know our tips to make a good will.

To carry out any procedure, do not hesitate to contact us at Notary Bosch Bages in Barcelona