BRAZIL LGBT co-habiting law

jamesdublin12

Hi
Cannot find info on this or find legal info. It applies to BRazil not ireland... everyhtings in portugese that i found. any brazilians help?
If a gay couple cohabit in a home for more than 2 years or 3 years... but only one of them is on the mortgage.
So for instance one person owns the hoouse has the mortgage meets a guy and says to the guy move in with me, and the other guy contributes towards the bills and pays some rent money to help with mortage as a couple.

Is it that well he lives there he has to pay bills and rent cant live there for free. or does it then make the house his after a certain time?? to claim costs after they break up, for his bills he contributed towards, the rent he paid while living there... Seemingly its been said that they can.
from ireland im thinking ah yoou cant live for free, of course your gonna pay yoour way somehow, ccant live for free... cos if u didnt live with your boyfriend you would pay rent to someone else and your bills.
What ya rekon oor whats the proper law in brazil

Ten of Swords

OK I'm not sure of the position in Brazil but in Ireland this is all governed by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

The act states that a qualified cohabitant (defined as persons living together, same sex or opposite sex, in a relationship but not married, for a period of 5 years, or 2 years if you have a child with your partner) can apply to the courts for a redress order, such as a maintenance order or a property adjustment order. There is NO automatic entitlement to such an order and you have a time limit to request one from the courts after the relationship ends. They are dealt with on a case by case basis and you must show that you were financially dependent on the cohabitant.

anothernight

Disclaimer: take all this with a pinch of salt because I might be wrong...

I did a very quick internet search on this, and it seems that in Brazil there is no minimum length of time that two people must be living together for comunhão parcial to kick in.(1) They must, however, be able to prove that they're in a long-term, stable relationship (I didn't look up how that would be proven, but the website that mentioned this used children as an example).

But comunhão parcial means that everything acquired before the union (living together, as in this case, or getting married) still belongs to the partner who acquired it. Every asset bought after the union is considered to belong to both partners.(2) In Brazil that's the default asset regime for marriages and civil unions, as far as I know.

So the person who had the mortgage before the relationship would still be the sole person responsible for the mortgage. The house would still belong to them alone, as the deeds would have them as the owner.

jamesdublin12

Yes. I thought that he owned the house before they got together too that would always stay his.. but the solicitors are advising him to make an agreement that he will lose.

jamesdublin12

I just dont understand why the lawyer are saying done go to court u could lose. telling him sell stuff get some money to pay him off.. if it clearly by law states he will lose.