Even after the Supreme Court ruling, domestic partnerships are still an option in some states. This applies to same-sex and heterosexual marriages. A domestic partnership has certain advantages over marriage. For example, it is much easier to get in and out. In the event of extinguishment, the problem arises when a certain asset or economic amount is only in the name of one of the members of the couple and the other person considers that he has a right of credit or is also the owner of this property, even though the property is only in the name of one of them. In this case, each of the members must prove that he or she has certain rights over the couple`s joint property. The right to a pension is granted to a stable couple after the death of their partner in the following situations: For the existence of a «de facto partnership» to be recognized, the following conditions must be met: For some time, the right of access has been recognized in favour of the children of the unmarried couple, even if they are not theirs, In view of the period of cohabitation, which has been supported with them, stressing in this regard that, in many cases, these are children born in the womb of homosexual couples or adopted by only one of the members of the community. In all cases± it is a question of guaranteeing the right of children to continue to maintain a relationship with those who have participated in their upbringing together or as parents. In such cases, it must first be proved that the link actually existed, that its validity is subject to a particular economic system, that the link has ended and that, therefore, its economic settlement©must be declared complete and its liquidation must take place with the corresponding allocation of assets to each of the members of the couple.
Among the rights granted to de facto couples, we can mention: – Law 6/1999, of 26 March, on stable unmarried couples of Aragon. In principle, a registered partnership does not create a community of property, as it can arise, for example, through marriage. However, the partners may establish specific common rules. A «de facto» or «common law» marriage cannot be contracted in Maryland. However, Maryland recognizes marriages contracted outside Maryland as valid if they meet the requirements of the other jurisdiction. «It cannot be presumed that a bimarital union must automatically lead to the creation of a regime of community of property by the sole fact of its establishment, but it must be the partners concerned who, by express or implicit agreement, clearly express their intention to have all or part of the property acquired during the existence of the de facto union join.» The Supreme Court clarified in a recent decision of 24 March 2022 that only de facto registered couples have access to the widow`s pension. – If the couple no longer has their habitual residence in the territory of the Valencian Community. These are difficult evidentiary procedures, so it is always advisable to seek the opinion of a lawyer on whether or not to initiate appropriate legal action, as well as what specifics the specific case may have. Our specialist Esther Garcãa Vaquero can advise you through our consulting services, which you can access in the Legal Aid section. Given the emotional and cohabiting bond between the components of common-law couples, which sometimes implies an economic dependence similar to that of marriage, some legal systems have found it necessary to regulate them in order to avoid the impotence of one component of the couple in certain situations, such as the death of the other. Disease, etc. Although domestic partnerships are legal in California, they are not recognized by the federal government.
Regardless of their sexual orientation, some couples probably shouldn`t form domestic partners. On the contrary, marriage would be a safer way to guarantee rights. If the dwelling belongs to a ± partner and was acquired before the cohabitation, the dwelling is considered to be private property of the person who acquired it and remains the property of its owner at the end of the cohabitation, without the other acquiring any right to it. The same applies if the house was purchased by one of the members of the couple while they lived together. However, if they acquired it jointly, it shall be deemed to belong equally to both, unless the public certificate of acquisition indicates the corresponding share of each of them.