PROPERTY RIGHTS IN COMMON-LAW MARRIAGE

Abstract

This paper analyzes property rights in common-law marriage, focusing on property regimes and the legal implications of their dissolution. The objective is to understand how Brazilian legislation regulates these issues, considering historical developments and contemporary challenges, such as prenuptial agreements and the recognition of informal unions. The research uses a qualitative and deductive methodology, with a literature review and case law analysis, seeking to identify trends and gaps in the legal treatment of the subject. The results reveal that, although the partial community property regime is applied by default, controversies arise in the absence of clear property agreements, especially regarding proof of the union and the division of assets acquired before the cohabitation. It is concluded that, despite legal advances, there is still a need for greater awareness among cohabitants and uniformity in judicial decisions. These measures are essential to promote greater legal certainty and justice in the dissolution of common-law marriage.