Common-law union: legal keys to protecting your partner

Pareja en unión de hecho viviendo juntos

More and more couples are choosing to live together, build a life, and even raise a family—without getting legally married. It’s a valid choice, and often one that fits their values and lifestyle. But there’s a question few ask in time: what happens if something happens to one of them? Is the other person legally protected?

In Costa Rica, the number of marriages dropped from 5.3 to 3.7 per 1,000 inhabitants between 2010 and 2024. That means more people are forming partnerships without formal civil registration. And while emotional bonds can be strong, from a legal standpoint… they’re not always enough.

What you don’t see, but could hurt

In many unmarried couples, one partner may leave their job to support the family. They might live in a home that’s legally owned by just one of them. They save, invest, or make big purchases—but everything is under one person’s name.

As long as everything goes well, there’s no problem. But if something unexpected happens—an illness, an accident, or death—the person who isn’t legally registered may be left completely unprotected. They could even lose the right to stay in the home they shared.

Planning is also an act of love

The good news is, there are clear legal solutions—and they’re not complicated if addressed in time. Here are some options:

– A will that clearly states who you wish to protect.
– A trust to ensure the use or transfer of assets.
– And if you want to formalize the relationship, legal recognition of the union is also an option.

Since 2022, Costa Rican law recognizes common-law unions where the couple has lived together in a stable, exclusive, and public relationship for at least two years. This recognition can be formalized while both are alive, or requested within two years after separation or death. It grants property rights similar to those of a legal marriage.

Choosing not to marry shouldn’t mean choosing to be unprotected

Planning is an act of responsibility—and a way to take care of the person you love. It’s not just about signing a piece of paper; it’s about making thoughtful decisions for the day you might no longer be here.

At ERP Lawyers, we help you organize your legal situation with clarity and without judgment.

📩 Contact us and take the first step to protect your present and your future.

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