The registration of de facto unions in the National Superintendence of Public Registries (Sunarp) He has shown sustained growth in the last three years. In 2021, se They registered 4,008 coexistencea figure that increased to 4,344 in 2022 and reached 4,414 in 2023.
This increase shows the interest of couples to formalize their relationship and access patrimonial rights and legal benefits. The registration of coexistence in the NATURAL PERSONS REGISTRATION Not only does it provide legal certainty, but also prevents possible legal conflicts in the future.
Couples registered their coexistence in SUNARP: What are your rights?
The de facto union is the free and voluntary relationship between a man and a woman without marriage bond, who has endured for at least two continuous years with the purpose of constituting a common life. For their legal recognition, the cohabiting ones must be free of marriage impediments and express their agreement to register in the SUNARP.
Unlike marriage, where you can choose between regime of separation of property or society of property, in the de facto union the regime of the company of property is automatic. This implies that all goods acquired during the relationship belong to both parties in equal proportion. Additionally, with the registration in SUNARP, the cohabiting ones access inheritance rights in case of death of one of them.
This registration also allows to specify the Start and end date of the relationshipfacilitating the division of goods and avoiding patrimonial conflicts.
How to register a de facto union in SUNARP?
To register a de facto union, it is necessary to go to a public notary, who will validate the application if both parties agree. The requirements include:
- Application with namessignatures and express statement of coexistence for at least two years.
- Sworn declaration that both are free of marriage impediments and have no life in common with another person.
- Home certificate of both cohabiting.
- Negative certificate of de facto union issued by SUNARP.
- Testimonies of two witnesses that corroborate the coexistence time.
- Additional documents that prove the continuous relationship for more than two years.
After complying with these requirements, the notary publishes an excerpt from the application. If after 15 days there is no opposition, a public deed is issued with the recognition of the de facto union, which refers to SUNARP for registration.
The cost of the procedure in SUNARP is S/ 25.60, while notarial expenses vary according to the chosen notary.
Judicial registration: the legal appeal to obtain your official registration
Alternatively, it is also possible to register the de facto union through the Judicial. In this case, the judicial part must be submitted with the resolution declared by the Union, as well as the certified copies of the sentence and the resolution that declares it firm. In addition, it is mandatory to record the ID number of both cohabiting.
Source: Larepublica
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