STABLE UNIONS AND ASSET DIVISION: CHANGES IN LEGISLATION AND THE SOCIAL SPHERE

Abstract

This article analyzes the legislative, judicial, and social changes that have influenced asset division in Brazilian stable unions. It identifies transformations from the constitutional recognition of this family unit to the decisions and formalization instruments examined in 2026. The research is qualitative, bibliographic, and documentary, using a historical-evolutionary interpretation of legislation, academic studies, and selected judicial precedents. The discussion examines legal recognition, the partial community property regime, proof of joint effort, private autonomy, contractual publicity, and succession. The findings indicate broader family protection, although property outcomes depend on the applicable regime, the date and legal basis of asset acquisition, and the effectiveness of agreements. Key developments include the legal presumption of joint contribution, equality in succession, and the possibility for individuals over seventy to opt out of mandatory separation of property through an express declaration in a public deed. The study concludes that legal certainty requires distinguishing family recognition, ownership shares in common property, inheritance, and registration, preserving vested rights, and considering caregiving work when analyzing economic inequalities.