Do you need to be registered as a stable partner to inherit in Catalonia?

Question

José Manuel Alburquerque · Accepted Answer

No. In Catalonia a couple is a “pareja estable”, a Catalan stable partnership, without having to register, if they live together for more than two years in a row, if they have a child in common during the cohabitation or if they formalise the relationship in a public deed before a notary. Registration in the “Registro de parejas estables”, the Catalan register of stable partnerships, is voluntary and only serves as proof of it. What is needed, though, is to be able to prove that they lived together. For the survivor's pension, on the other hand, the registration or the deed must be at least two years old. What rights the partner has Without a will, if the deceased had no children, the partner inherits everything, although the parents keep their forced share (“legítima”). If the deceased had children, the partner has the usufruct of the whole estate. The partner also has the rights of a surviving spouse, such as keeping the clothes and furniture of the home. If they do not have sufficient means, they can claim the widow's quarter (“cuarta viudal”). In the “impuesto de sucesiones”, the Spanish inheritance tax, as applied in Catalonia, the partner is treated in the same way as a spouse, with a 99 % tax credit. How to prove it If there is a public deed before a notary or registration in the register, it is enough to produce it. But neither counts if the couple had separated de facto. In that case the partner no longer inherits without a will. Otherwise, the cohabitation of more than two years, or the child in common, has to be proved with the “padrón” (the municipal register of residents), contracts, joint accounts or shared bills and witnesses. Where there is no will, this is done before the notary, in the declaration of heirs. If the deceased's parents or other relatives dispute it, a judge decides. What is advisable Formalising the partnership in a public deed before a notary, which is valid from that very day. Or entering it in the register, which is free and requires the consent of both partners. The register only accepts partnerships that already exist, with two years of cohabitation, a child in common or a deed. Making a will. That way the partner inherits even if the cohabitation cannot be proved. But for inheritance tax, to be treated as a spouse, the partnership still has to be proved. The “Tribunal Constitucional”, Spain's Constitutional Court, is examining whether living together for more than two years, without a child in common or a deed, is enough for the partner to inherit without a will. Until the court decides, the rule applies. For the survivor's pension from the “Seguridad Social”, the Spanish social security system, registration in a partnership register or the deed must date from at least two years before the death. If the couple have no children in common, five years of cohabitation evidenced by the municipal register are also required. This applies if the estate is governed by Catalan law. Under the Spanish Civil Code (“Código Civil”), an unmarried partner does not inherit without a will, whether registered or not.