Is the unmarried couple regulated in Catalonia and in other CCAAs a safe institution?

La de facto couple It is a normal way of living. In this blog we have argued that unmarried couples not formalized in a public deed, that is, those based on mere cohabitation usually raise problems of legal security. These problems are solved formalizing the cohabitation situation before a notary or getting married. 

An example of the insecurity that de facto coexistence has is what is evident in the Judgment of the Barcelona Court of December 12, 2022. The facts are the following. Don Valentín had a romantic relationship with Doña Leocadia from 2012 until he died on June 12, 2017. Don Valentín had 4 living siblings, and two nephews, sons of a brother who predeceased him. According to him article 442-3-2 of the CCCat Upon the death of a person without children or descendants, the inheritance is deferred - passed - to his or her spouse or to the “surviving stable partner.” After they accepted the inheritance and Valentin's assets were awarded. 

When Don Valentín died, the brothers urged act of notoriety in the absence of a will and the brothers and nephews were declared heirs, ignoring the existence of a common-law couple. The couple files a lawsuit against the brothers and nephews claiming the inheritance and alleges that they are a common-law couple, although they do not have any papers to prove it. 

In the first instance, the couple obtained a judgment in their favor by declaring that they had been living together for more than two years and that there was an affective relationship analogous to marriage between them. The Judge ordered the brothers and nephews to restore everything "inherited" from their brother and uncle.  

The brothers appealed the sentence, but the Provincial Court of Barcelona upheld the first instance sentence, agreeing with the couple and ordering the brothers to pay the costs. 

Conclusion:
This is an example of how a situation based on facts, cohabitation, and an appearance analogous to marriage can disrupt an entire succession.

Annex:
To prove the cohabitation of a common-law couple in Barcelona or Catalonia, the following documents and actions can be used: Joint Registration Certificate; Rental Agreement or Joint Property Deed; Joint Bank Accounts; Invoices in the Name of Both; witnesses; Insurance Documentation; Common Family Documentation and Registry of De facto Couples.