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Changes in the Civil Code Respark Alert: Those Living in Stable Union Without a Contract May Face Legal Disputes and Have Their Inheritance Rights Called Into Question.
The discussion about the rights of those living in stable union without a formal contract has returned to the center of legal debate in Brazil. The proposal for reform of the Civil Code, currently under review in Congress, has raised alarms among family lawyers: the lack of a contract may expose millions of couples to property and inheritance disputes in cases of separation or death.
Although the Constitution recognizes stable union as a family entity, the new proposals discuss changes that may require greater formalization of the relationship, especially regarding property regimes and inheritance rights.
The New Civil Code and Possible Changes in Stable Unions
A Commission of Jurists established by the Federal Senate in 2023 is working on updating the Civil Code of 2002, focusing on issues such as inheritances, property regimes, civil liability, and digital law.
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In the family realm, the group proposes to review rules of stable union, marriage, and property regimes. Among the suggestions under study is the possibility of requiring a formal stable union contract to define the property regime, replacing the automatic presumption of partial community property, currently applied when there is no deed.
If approved, the change will require couples living together to formalize the union at the notary, establishing property rules to ensure legal certainty in the event of division or death.
What the Current Rules Say
Under current rules, those living in a stable union without a contract are governed by the partial community property regime, according to Article 1,725 of the Civil Code. This means that all assets acquired after the start of cohabitation — proven judicially — belong to both, regardless of who paid.
However, assets acquired before the union, inheritances, and gifts remain individually owned. It is at this point that the greatest legal disputes arise: when the couple does not formalize the union and there is no clear documentation regarding the origin of the assets.
Theme 809 of the STF and the Right to Inheritance
Another sensitive point is the right to inheritance. Until 2017, Article 1,790 of the Civil Code provided different rules for partners and spouses, restricting the partner’s participation in the inheritance.
This changed with the judgment of Theme 809 by the Supreme Federal Court, which declared the differentiation unconstitutional. The STF decided that partners and spouses must have the same inheritance treatment.
However, the Court modulated the effects of the decision: the new understanding applies only to cases that did not have a definitive judgment at the time of the ruling. This means that thousands of partners still face uncertainties in old inventories or when the union is not formally recognized.
Risks of Lack of Formalization
The absence of a stable union contract or deed remains one of the major points of legal vulnerability. In cases of death, it is common for family members of the deceased to contest the existence of the union, arguing the absence of formal registration.
When this occurs, the surviving partner must prove the relationship — which can take years and require evidence such as testimonies, photos, shared accounts, or tax declarations. Only after this can they seek inheritance rights or participate in the inventory.
These situations are common in state courts. The Court of Justice of Minas Gerais, for example, has already ruled that the absence of a deed does not prevent the recognition of the union but makes the process slower and more litigious (TJMG – Civil Appeal No. 1.0000.20.051466-7/001).
What Could Change with the New Civil Code
If the commission’s proposal is maintained in the final text, Brazil could have a new regulatory framework for stable unions. The main changes under discussion include:
- Mandatory formalization at the notary to define the property regime;
- Greater transparency regarding property acquired before the union;
- Clearer rules for inheritance and economic dependence;
- Greater protection in cases of litigation dissolution.
Experts warn that if the changes are approved, those who do not formalize the union may have difficulty proving property and inheritance rights, especially against family members and legal heirs.
Stable Union Is Not Marriage — and That Makes a Difference
Even with constitutional recognition, a stable union is not automatically identical to marriage. Civil marriage is a public act, registered with an official certificate, which provides more security in divisions and inventories.
A stable union, on the other hand, relies on proof of public, continuous, and lasting cohabitation, which opens room for judicial contestation. Therefore, the stable union contract — drawn up at the notary — is currently the safest way to guarantee rights, define the property regime, and avoid future conflicts.
How to Formalize and Protect Rights
The public deed of stable union can be made at any notary office. The document must contain:
- The date of the beginning of cohabitation;
- The chosen property regime (partial community, total, separation etc.);
- Additional property clauses, if desired;
- Identification of the cohabitants and witnesses.
The contract is immediately valid and serves as evidence in any legal dispute, both for property division and for inheritance.
The reform of the Civil Code has rekindled the alert among couples living in stable unions without registration. Even though current law recognizes cohabitation, the lack of a contract can lead to years of legal dispute and put access to inheritance or jointly built assets at risk.
While the new text is not approved, the recommendation is clear: those living in stable unions should formalize the relationship as soon as possible. In love, trust is fundamental — but in law, security comes from the document.
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