The law grants de facto unions some legal effects similar to those of marriage, although it does not equate the two.
Thus, those in a de facto union have the right to alimony, housing guarantee, and social assistance.
Since the de facto union is not subject to a property regime, the rules governing the property effects of marriage do not apply.
This means that, upon the end of the de facto union, there are no common assets to be shared.
However, the disposition of the assets must still be decided.
The dissolution of a de facto union can occur by mutual consent, the will of one of the parties, or the death of one of the members.
Once the relationship is dissolved, difficulties may arise in the allocation of the couple's existing assets.
It is common that, during the course of the de facto union, assets have been acquired by the couple, bank credits incurred by one or both, joint bank accounts, among others.
Since the rules governing the property effects of marriage cannot be applied, the rules agreed upon in a possible cohabitation contract will apply, and in its absence, general legal principles will govern.
If there was no prior agreement, the situation will be determined according to the legal concepts of joint ownership or unjust enrichment, depending on the specific financial situation of the couple.
The concept of joint ownership provides that de facto partners are both owners of a good (movable or immovable), in proportion to their contribution to its acquisition.
On the other hand, the concept of unjust enrichment stipulates that anyone who unjustly enriches themselves at the expense of another’s property must return what they have taken.
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