Registering a Unión de Hecho in Ecuador: Securing Your Rights as a Couple

In Ecuador, a Unión de Hecho is not simply living together; it is a formal legal status that recognizes a stable, monogamous, and cohabiting union between two individuals free from any other marital bond. Its legal foundation is robust, originating in Article 68 of the Constitution of the Republic of Ecuador, which states that such a union generates the same rights and obligations as those of married couples.

When officially registered, this union grants partners nearly identical rights to a married couple, particularly concerning property, inheritance, and social security. While Article 222 of the Código Civil (Civil Code) establishes a legal presumption of a community property partnership (sociedad de bienes) after two years of stable and monogamous cohabitation, formal registration is the only way to definitively prove and enforce your rights without resorting to complex and uncertain litigation.

Why Register? The Critical Legal Advantages

The primary benefit of formally registering your Unión de Hecho is the immediate legal certainty it provides. Without it, proving your union's existence can be exceptionally difficult, leading to devastating complications.

• Community Property Rights (Sociedad de Bienes): Upon registration, all assets acquired during the union are legally considered joint property, to be split 50/50 upon dissolution. The registration formalizes the start date of this property regime, preventing disputes later.
• Inheritance Rights (Derechos Sucesorios): A registered partner is legally recognized as an heir. In the event of one partner’s death without a will, the surviving partner has inheritance rights equivalent to those of a spouse. Without registration, a surviving partner has no automatic claim to the deceased's estate under Ecuadorian law.
• Social Security and Health Benefits: Registration allows a partner to be named as a beneficiary for IESS (Ecuadorian Social Security Institute) benefits, including health coverage and survivor's pensions (montepío).
• Legal Standing: In medical emergencies or legal proceedings, a registered partner has clear authority to make decisions and act on behalf of the other.
• Immigration Support: While not a direct path to a visa, a registered Unión de Hecho is a powerful piece of evidence demonstrating a stable, long-term commitment in Ecuador, which can significantly strengthen applications for residency or other immigration processes.

The Registration Process: A Step-by-Step Guide

The process involves two distinct stages: a notarial declaration followed by inscription at the Civil Registry (Registro Civil).

Stage 1: The Public Deed at a Notary (Notaría Pública)

1. Gather Required Documents: Meticulous preparation is key. You will need:

   • Valid Identification: Cédula de Identidad for citizens and residents, or passport for non-residents.
   • Certificate of Civil Status (Certificado de Estado Civil): An official document from the Registro Civil confirming that both partners are single, divorced, or widowed. Expert Tip: This certificate, commonly called a certificado de soltería, typically expires within 30-60 days. A common mistake is obtaining it too early; get this document last, just before your notary appointment, to ensure its validity. The fee is approximately $5.
   • Two Witnesses: You will need two legally competent witnesses who are not related to either partner (within the fourth degree of consanguinity or second degree of affinity). They must bring their cédulas and be present to attest to the stability and monogamous nature of your union.
   • Declaration of Union: At the notary, both partners and their witnesses will sign a sworn declaration forming the basis of the public deed (Escritura Pública). This document will state your intention to form the union and, crucially, the date your cohabitation began, which sets the start date for your community property regime.

2. Attend the Notary Appointment: Both partners and their witnesses must be present. The notary will draft the Escritura Pública de Unión de Hecho, which formally records your union. The notary fees (aranceles notariales) for this service typically range from $250 to $400, depending on the notary's office and complexity.

Stage 2: Inscription at the Civil Registry (Registro Civil)

1. Submit the Public Deed: Take the notarized Escritura Pública to a main office of the Registro Civil. In Cuenca, this is the office located on Avenida Remigio Crespo.
2. Request Inscription: You must formally request the inscription of your union. This process is governed by the Ley Orgánica de Gestión de la Identidad y Datos Civiles (LOGIDAC). The Registro Civil will review the deed and enter your Unión de Hecho into the national system.
3. Update Your Cédula: Once inscribed, your civil status will be officially updated from "single" to "en unión de hecho." You will then be issued a new cédula reflecting this change. The official fee for inscription and the issuance of the registration certificate is approximately $50.

Common Expat Pitfalls and How to Avoid Them

• Relying on "Common Law" Assumptions: Many expats mistakenly believe that living together for two years automatically grants them legal rights. This is false. The two-year rule merely creates a presumption that must be proven in court—a costly and uncertain process. Registration is the only way to secure these rights proactively.
• Document Validity: Failing to check the expiration date on the Certificado de Estado Civil can derail the entire process, forcing you to start over.
• Ignoring the Dissolution Process: A registered Unión de Hecho does not end simply because you separate. It must be formally dissolved, either by mutual agreement at a notary or through a judicial process if contested. Failure to do so can lead to future claims on assets acquired even after separation.
• Misunderstanding the Sociedad de Bienes: Expats with significant pre-union assets must understand that while those assets remain separate, any income, interest, or new assets acquired during the union become community property.

⚠️ Legal Alert: When to Consult an Attorney

Engaging legal counsel is not a luxury but a necessity in the following situations:

• If either partner is still legally married, even if separated, in another country. You must be legally single to register a Unión de Hecho.
• If you have significant assets and wish to establish a separation of property agreement (capitulaciones matrimoniales), which can also be adapted for a Unión de Hecho.
• If there are children from previous relationships and you need to clarify inheritance or parental rights.
• If your primary goal is immigration. An attorney can ensure the Unión de Hecho is properly integrated into your broader immigration strategy, for example, when applying for a residency visa based on family ties.
• If you are dissolving your union. Legal counsel is essential to ensure a fair and legally binding division of assets and to navigate the formal dissolution process correctly.

Conclusion: A Proactive Step for a Secure Future

Formalizing your Unión de Hecho is an indispensable act of foresight for any committed couple in Ecuador. It provides a robust legal foundation that protects your shared life, assets, and future. While the procedure requires careful attention to detail, it is a straightforward process that solidifies your relationship in the eyes of Ecuadorian law, providing peace of mind and security that cohabitation alone can never offer.