Division of property upon the dissolution of a de facto marriage
Whether the division of property may be sought upon the dissolution of a de facto marriage- Judicial precedent holds that if spouses in a de facto marriage jointly amassed property during the relationship and contributed to the maintenance and increase of such property, the property is co-owned by the spouses and subject to a claim for division of property upon the dissolution of the de facto marriage (Supreme Court Judgment 94Meu1379,1386 announced on March 10, 1995). Unlike a claim for consolation money, a claim for division of property may be made by the spouse at fault for the dissolution of the de facto marriage (Supreme Court Decision 93Seu6 of May 11, 1993).
- Meanwhile, where one spouse is in a substantive marriage relationship with a third party with the intent to marry such third party while in a state of de facto divorce with the legally wedded spouse because of long-term separation or other cause, judicial precedent holds that such relationship with the third party is not, in the absence of special circumstances, recognized as a de facto marriage or permitted protections analogous to those for a de juris marriage. Therefore, a spouse in a de facto marriage relationship that is also bigamous cannot seek division of property upon the dissolution of the de facto marriage (Supreme Court Judgment 94Meu1638 announced on September 26, 1995; Supreme Court Judgment 96Meu530 announced on September 20, 1996).