De facto union is a civil status that can be registered by all Ecuadorians who have a relationship as a couple and who, in addition to not wanting to decide on marriage, meet several conditions. Between 2021 and 2022, there was an increase in the Ecuadorian civil registry of these unions.

Last year, according to data from the registers, A total of 5,826 de facto trade unions were registeredwhile a year earlier that figure reached 4,759.

The majority of these encounters occur in the coastal area with 49.23% of the records in the country, followed by the Sierra with 38.05%.

How much does notarization and registration of a de facto community cost? See the steps you need to follow here

The Civil Code establishes that extramarital union is “a stable and monogamous union between two people who are free from marriage, of legal age, who form an extramarital union”.

Persons who decide to register an extramarital union must not be bound by family ties, must be of legal age or emancipated minors; be Ecuadorians or foreigners with permanent residence and be able to work.

Article 222 establishes that This union creates the same rights and obligations as families based on marriage and leads to a property partnership. This can be formalized before the competent authority.

Procedure at notaries public and civil registry

To register a community, it is necessary to go to a notary public and declare that they have a stable and monogamous union, without marital ties and in the capacity of legal obligation, i.e. coming of age.

After that, the co-tenants must take it to the civil registry and pay a fee of $50 to register their community.

To terminate the de facto community, you must also go to a notary publicThis is unlike a court-married marriage.

Article 225 establishes that within a de facto community, family inheritance can be established for oneself and for the benefit of descendants, on the other hand, Article 227 states that “the property community continues as a marital community”.

As for the order of succession, it is also given according to the order of succession in connection with the spouse.

If an unmarried couple buys real estate, and one of them dies and has heirs (children), they will only be entitled to 50%, because the rest belongs to the heir.