The rights of the stable union in the event of the death of a partner

The rights of the stable union in the event of the death of a partner
The rights of the stable union in the event of the death of a partner

With stable unions increasingly adopted by couples, learn what your partner’s rights are (Credit: George Pak/Pexels)

The stable union has been increasingly adopted by couples in Brazil, but it also brings a series of doubts regarding the rights that this type of union reserves.

One of them is in case of death of the partner, what are the rights of the widower? In this situation, the person will be entitled to inheritance and pension for death, if the deceased was insured by the INSS.

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According to article 1,790 of the Civil Code, the partner will participate in the succession of the other, regarding the goods acquired onerously during the term of the stable union.

Thus, the inheritance that the partner will be entitled to will be limited to the goods purchased during the coexistence, the so-called “common goods”. The exception is in the case of the couple opting for another community property regime, which must be formalized by means of a notary contract.

And it is worth noting that the partner is entitled to 50% of the inheritance, with the other half being divided among the other heirs, as in a civil marriage.

pension for death

The companion is in the first class of receiving the benefit, provided that these two requirements are met:

  • The deceased must be insured by the INSS at the time of death;
  • The stable union between the couple must be characterized at the time of death.

Remembering that to have these rights, the stable union must be recognized.

prove stable union

If the stable union has been recognized in a notary’s office, the respective certificate must be presented.

If the couple does not have this record, Social Security establishes that, in order to prove the stable union, two documents from the list below must be presented:

  • Birth certificate of a child in common;
  • Religious marriage certificate;
  • Income Tax Return of the deceased, with a partner as a dependent;
  • Will in which the partner is the beneficiary;
  • Special declaration made before a notary;
  • Proof that you lived with the deceased in the same domicile;
  • Proof of domestic charges, existence of partnership or community in civil life acts;
  • Power of attorney or surety granted on a reciprocal basis;
  • Joint account with the deceased at a bank;
  • Registration in association of any nature, in which you are a dependent of the deceased;
  • Constant annotation in the employee record or record book;
  • Insurance policy with the deceased as insurance payer and partner as beneficiary;
  • Treatment form in a medical care institution, which includes the deceased as responsible;
  • Deed of purchase and sale of property by the deceased in the name of the dependent;

The article is in Portuguese

Tags: rights stable union event death partner

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