Stable union in São Paulo
Recognition, cohabitation contract, dissolution and division — the de facto union has nearly the same property effects as marriage. In person at Avenida Paulista or remotely.
5,0 · 18 Google reviewsA stable union — public, continuous cohabitation with the intent of forming a family — produces nearly the same property effects as marriage: default community property over assets acquired during the relationship (CC, art. 1.725). The cohabitation contract chooses a different regime — and the dissolution divides the common assets like a divorce.
What stable union involves.
- Recognition of the unionProving the relationship in court or by notarial deed — duration, cohabitation and intent to form a family.
- Cohabitation contractThe written choice of property regime — community, separation or agreed — made before or during the union.
- Dissolution and divisionEnding the union: division of assets acquired together, support where applicable and children's issues.
- Default community regimeWithout a contract, community property applies — assets acquired during the union divide equally.
- Overlap with marriageThe union cannot coexist with a valid marriage — except when the prior marriage is factually ended.
- Inheritance rightsThe surviving partner inherits as a spouse — the STF struck down the separate regime (RE 646.721, Tema 809). See succession law.
- Post-separation disputesThe proof of when the union started and what was acquired during it — the facts that decide the division.
The union without ceremony divides property like marriage.
The stable union's core rule is default community property: assets acquired during the relationship divide equally, exactly as in marriage under the partial-community regime. What differs is the need to prove the union existed — its start date, continuity and the intent of family life.
The proof is the battlefield: shared address, joint accounts, children, photos, statements. The cohabitation contract — a notarial deed choosing the property regime — prevents the later dispute and defines the division before it is needed.
Dissolution works like divorce: the common assets divide, and children's issues — custody, support — follow the same rules as divorced parents. When children are involved, the dissolution goes through court.
Succession is now fully equated too: the STF declared unconstitutional art. 1.790, which gave the partner lesser rights, and the surviving partner inherits as the spouse, under art. 1.829 (RE 646.721, Tema 809). The STF even set aside mandatory separation of assets for those who form the union after 70 (RE 878.694, Tema 1.236). A contract or estate planning still organizes whatever the couple wants to arrange differently.
How we run the case.
- Prove or formalize the unionEvidence of duration and intent — or the notarial deed that formalizes it.
- Choose the property regimeContract before or during the union — or the default community applies.
- Dissolve and divideDivision of common assets — agreed or litigated.
- Resolve children and supportCustody, parenting time and support follow the same rules as marriage.
What to bring to the first conversation.
Documents that speed up the review
Proof of the relationship's duration and the shared assets are the basis of the case.
- Both parties' ID documents
- Proof of shared address over time
- Joint accounts, contracts and assets
- Children's birth certificates
- Photos, messages and witness statements
- Existing cohabitation contract
- List of assets acquired during the union
- Evidence of the union's start and end dates
Case review and a written proposal before any step is taken. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Founding partner at Falchet e Marques (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas), she leads the real estate, family and probate practice. Straight to the point, no legalese.
Meet Letícia MarquesCommon questions.
Does a stable union divide property like marriage?
Yes — the default regime is community property over assets acquired during the union (CC, art. 1.725). Without a cohabitation contract choosing otherwise, the division follows the same rules as partial-community marriage.
How do I prove the union?
By public, continuous cohabitation with intent to form a family: shared address, joint accounts, children, photos and statements. A notarial recognition deed is the simplest proof.
Can I choose a different property regime?
Yes — the cohabitation contract, made in a public deed, can choose separation of assets or another agreed regime, before or during the union.
Can I have a stable union while married to someone else?
Not while the marriage is formally valid — except when the prior marriage is factually ended (separated in fact). The overlap is the contested point in litigation.
Does the surviving partner inherit?
Yes — as a spouse. Since the STF declared art. 1.790 unconstitutional (RE 646.721, Tema 809), the surviving partner inherits under the same art. 1.829 rules as a widow or widower.
How is dissolution done?
Like divorce: division of common assets by agreement or litigation. With minor children, the dissolution goes through court; without them, a notarial deed can formalize it.
Is your relationship protected — or does it need a contract?
Send the relationship history and the assets involved: we assess the right path — recognition, contract or dissolution — with a written proposal.