In Spain there is an increasing number of registered common-law coule between Spanish and foreign partners.
Unmarried couples are voluntary and are not subject to any time limit or conditions.
¿Can I obtain residency if I am a common-law couple?
Yes, when one of the partners is a non-EU foreigner, he/she may apply for the residence card as a family member of a European Community citizen.
¿In what matters will it be equated to marriage?
In the regulation of the civil service, in terms of licences, permits, administrative situations, provision of jobs and family assistance.
In the rights and obligations of public law established by the Generalitat in matters within its competence, such as budgetary rules, compensation, subsidies and regional taxes.
In the rights to receive widow’s and widower’s pensions, as well as compensation for work-related accidents or occupational illnesses.
Benefits of legal partnership in Spain:
¿What are the tax benefits for common-law couple?
When formalising a domestic partnership, or if it has already been formed, it is advisable to analyse the possible tax benefits, especially in Inheritance and Gift Tax.
Inheritance and Gift Tax is a state tax that is fully devolved to the Autonomous Communities, which means that they are responsible for its management and collection, and they are granted regulatory capacity which allows them to establish tax rates or the application of reductions or allowances.
This is interesting because, at the state level, if one of the partners dies, the survivor does not have the inheritance rights granted to the widowed spouse in the Civil Code, as there is no marriage between them. However, at the autonomous community level, there are Autonomous Communities that equate the unmarried partner with the widowed spouse, others that recognise certain rights to the surviving partner and others that do not have any regulations in this regard.
In this article we are going to focus on the Valencian Community, where for the purposes of this tax, unmarried couples are treated as spouses as long as they meet the formal requirements, so that they have the same right to apply the deductions for degree of kinship (group II) and/or 95% for main residence with the limits of 100,000 euros and 150,000 euros respectively, both for inheritances and donations.
In addition, in the case of inheritance, a 50% reduction of the tax liability may also be applied.
¿What are the requirements for applying for a common-law couple?
- Those common-law couple in which at least one of the members is registered in the Valencian Community.
- Those of legal age or emancipated minors.
- Persons who are not bound by the bond of marriage.
- Persons who are not in a stable union with another person, or who are not in a registered de facto union with another person.
- Persons who are not related by blood or adoption in a direct line.
- Those who are not related by collateral kinship by blood or adoption within the third degree.
¿What documents are required to register common-law couple?
- a) Written request (standard form), addressed to the Administrative Registry of common-law couple of the Comunitat Valenciana.
- b) Passports of both.
- c) If applicable, accreditation of emancipation.
- d) Certificate from the municipal census (certificado de padron colectivo) certifying that at least one of the two applicants is a resident of a municipality in the Comunitat Valenciana, issued less than 3 months previously.
- e) In the event that one of the members of the common-law couple is incapacitated, the sentence of incapacitation that considers him/her to have the capacity to form a formalised de facto union.
- f) Certificate of single civil status of both, issued by the Civil Registry or, where appropriate, by the competent organism of the country of origin, duly legalised in accordance with international standards. If the document is not written in one of the official languages of the Comunitat Valenciana, it must be presented together with its translation into Spanish by an official translator. This certificate must be less than six months old.
- g) If one or both of you are divorced, a document proving it is necessary.
- h) It is also necesary to sign a Notary deed of partnership.