Requirements for Cohabitation: Documents, Requirements and MORE

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The requirements for concubinage, the documents required to request it, the rights and much more are described in this article. So if you need information on this topic, keep reading to find out about this and more.

Let’s start by knowing what is the concubine? It is a letter or official document certifying that two (2) individuals live together as a permanent and constant couple. The result is similar to that of the marriage certificate. For which coexistence is essential for a minimum of two uninterrupted years.

What are the Requirements for Concubinage?

The requirements for concubinage, or to legalize this type of conjugal union, include documents that prove the coexistence of the couple. In this sense, the following are mentioned requirements required by law:

  1. Valid identity document of the couple in original and photocopy.
  2. Any receipt or proof that indicates the exact location of the couple’s residence.
  3. Two witnesses who have been aware of the relationship for two years or more, with their respective valid identity cards.
  4. Applicants’ certified birth document.
  5. Indicate the duration of the cohabitation relationship, which must be greater than twenty-four months or two (2) years. In the case of having children in the relationship, the law stipulates that the beginning of the concubinage will be the date the first baby was born.
  6. The couple must live in the same home and simply live as husband and wife. This is a mandatory requirement to make the request for legalization of the concubinage.
  7. Under no circumstances should there be any reason that prevents this condition. That is, neither party can have other partners or concubines (or).
  8. In the event that either party has been legally married, it is mandatory to present the divorce certificate.
  9. Single letter from both applicants.

It is important to mention that when the concubinage has continued for a long time, and over the years the couple has managed to obtain goods; all this as a result of the work of both, the stable civil code that:

  • Being the concubines of legal age and that no one has contracted marriage or another registered concubine with other people.
  • That the relationship has two years or more in a couple’s union.

When the above conditions are met, concubines can celebrate cohabitation agreements, in order to stipulate: How the acquired goods will be distributed, in the event that the concubinage ends for any reason. All this with the purpose of avoiding cumbersome and unpleasant legal procedures after the concubine ceases.

Documents that must be consigned for the Concubine

Once applicants complete the requirements validation, for the legalization of the concubinage, they must deliver the following documentation to the nearest civil registry:

  • A document that indicates the location of the couple’s residence can be a receipt for some basic service or proof of residence.
  • Original valid identity document and photocopy of the applicant couple.
  • Single letter of the two applicants.
  • The couple must bring two witnesses who have known the relationship for two years or more, and each of the witnesses must carry a valid identity card.
  • Applicants’ certified birth document.

It is important to mention that this type of management is free of payments. The couple simply must go to the nearest civil registry and take the requirements for cohabitation, in order to legalize the union as a couple.

Once the concubinage is legalized, the parties assume the obligation and the law very similar to those of the union in marriage. For example, the rights over any inheritance, income for food, among other aspects stipulated by law.

On the other hand, if required, the parties they can request separation Just as a married couple asks for a divorce, either by the couple or individually. This request is made in the same civil registry where the letter of concubinage was requested.

Likewise, it is important to mention one of the marriage differences with the concubine: It is that no matter how long the latter has lasted, it does not grant hereditary right. In this sense, the other partner may not inherit the assets of the other party unless there is a will that stipulates otherwise.

Also to get the right to food pension, the concubinage must have a minimum duration of five years prior to death; This can be reduced to two years if the partners have fathered children during the relationship.

What can those involved in a Concubinage Demand?

Although the union of the concubines It is not carried out in front of a civil judge, the law grants the couple the protection of the rights of these and their children. Since currently the concubinage is accepted according to the civil code.

In this sense, the following are mentioned some rights that concubines can demand:

  • The two concubines owe each other respect, care and must help to maintain the home and their children, according to their income.
  • It is important to mention that the housework is added as a help.
  • In Mexico, according to the Supreme Court, it is stipulated that the parties to a common-law marriage are authorized to demand the portion of the assets obtained while the relationship was maintained:
    • If it is evidenced that the two contributed in the purchase or obtaining of goods.

  • In the event of termination of the cohabitation for reasons other than death, the residence can be assigned to one of the concubines for a maximum period of 2 years:
    • If there are underage children, with disabilities or if the partner certifies extreme need, he / she is assigned the home.
  • If the concubine ends for any reason and the place of residence is rented, the right to stay in the residence belongs to the concubine who did not sign the rental agreement, until the rental agreement ends.
  • In the event of separation or rupture due to the death or loss of health of one of the parties, the other partner may request to be a beneficiary of:
    • An alimony; of the assets in the absence of a will; of transfer rights, social security service, among others.
    • Attend prison appointments.
    • Rights over the remains of the deceased completely.
    • Among other things.

Requirements for the Concubinage. Rights Similar to Marriage

It is important that the plaintiffs of the concubinage document, at the time of making the request for legalization, take into account the rights granted by this procedure.

That is why once legalized concubinage, the parties assume the obligations and rights very similar to those of the union in a marriage. For example, the rights over any inheritance, income for food, among other aspects stipulated by law.

In this sense, some of the fundamental aspects, for all people interested in requesting the concubinage:

  • In the event that either party is still legally married, it nullifies the rights of the other person. Even if they have been living together for two years or more. For instance:
    • In the event that one of the parties is still legally married, and, if there is a will where the common-law partner is not mentioned, he or she has no rights to the inherited assets.
  • On the other hand, if required, the parties can request separation as well as a marriage requests divorce:
    • Either by the couple or individually. This request is made in the same civil registry where the letter of concubinage was requested.
  • With regard to the assets acquired from the parties, in the concubinage it is kept separately.
  • In the event that any of the parties requires to claim the rights, it is mandatory to present the document of concubinage.

On the other hand, in case of separation or break Due to the death or impairment of health, the other party can claim:

  1. Be beneficiaries from:
    • An alimony income, property in the absence of a will, secession rights, social security service, among others.
  2. Attend prison appointments.
  3. Rights over the remains of the deceased completely.
  4. Among other things.

What is the Concubinage?

It is a letter or official document in where it is certified that two (2) individuals live as a couple in union, permanent and constant. The result is similar to that of the marriage certificate. For which coexistence is essential for a minimum of two uninterrupted years.

In the event that this union has procreated children, the date of birth of the first descendant will be taken as the beginning of the concubinage. For which both parties have appropriated the family responsibility that this entails.

It is important to mention that the request for the letter of concubinage is free of payments, generally. The couple simply must go to the nearest civil registry and take the requirements for cohabitation, in order to legalize the union as a couple.

On the other hand, if required the parties can request separation, just as a married couple requests a divorce. The request can be made by the couple or individually. The procedure must be carried out in the same civil registry where the letter of concubinage was requested.

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