Cohabitation Questionnaire
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ScribdTranslationsCohabitation Questionnaire
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ScribdTranslationsCOHABITATION QUESTIONNAIRE.
1.- At what point does cohabitation occur?
By living together in a constant and permanent way for a
minimum period of two years, as long as they are free from marriage and
do not have another relationship of the same type (cohabitation) or it is not necessary the
during the mentioned period when the other requirements are met
they have had a common child. (Article 291 TER CCCDMX).
2.- Is there a property regime in a cohabitation?
No, because cohabitation, being an informal arrangement, is not recognized by the law.
property regime), although this does not mean that it is not protected or
protected, has rights that come from the law itself (right to inherit the
one another, the right to food), this figure does not have the same protection as
the figure of marriage and only an agreement of wills could fit between the parties,
whether an agreement has been made, either tacitly or in writing through
from the notary where it is determined how the obtained assets will be distributed in
common, in the event of the couple's separation, the judge will be obliged to consider in the
facts, in the tests if this agreement is accredited, if not, the natural.
it would be that everyone kept their belongings, but with something being there.
controversy about the right that each party has regarding a certain one
Well, then we are dealing with a case of an eminently evidential nature (already
is exhibiting the receipt of a certain movable good x, the invoice and) since having
a right and not being able to prove that you have that right is like not having it at all.
3.- Does Adriana have the right to inherit?
The concubine and the concubinary have the right to inherit from each other.
(Article 1635 CCCDMX), for which Adriana does have the right to inherit.
4.- What percentage does Adriana inherit?
I believe that the percentage will be determined by the judge, as it is
it mentions in article 1624 of the (CCCDMX) that: the surviving spouse,
competing with descendants, they will have the right of a child if they lack assets
or those that the author of the succession has at the time of death do not equal the portion that each
child must correspond. (Article 1625 CCCDMX) In the first case, the spouse
will receive the indicated portion in full; in the second, will only have the right to receive
what is enough to equal their assets with the mentioned portion.
5.- Can Adriana initiate the succession?
Yes, Article 1 of the CCCDMX tells us that only a procedure can be initiated.
judicial or intervene in it, anyone who has an interest in having the judicial authority declare or
constitutes a right or imposes a sentence and who has opposing interest.
You will only have to justify the bond that united them (cohabitation) and the basis.
We find it in article 799 (CCCDMX). When promoting an intestacy
The complainant will justify the relationship or bond if it exists and has united them.
with the author of the inheritance, in the degree by which he may be considered an heir
legitimate
6.- What food rights does Adriana have?
The legal basis is found in article 291 QUINTUS of the CCCDMX.
it states as follows: Upon the cessation of cohabitation, the concubine or the
concubine who lacks sufficient income or assets for her
maintenance, has the right to alimony for an equal period
to whom the cohabitation lasted. No one who has
demonstrated ingratitude, or live in concubinage or enter into marriage.
7.- What lawsuit do I have to file?
Since Luis did not make a will, a probate proceeding needs to be initiated.
testamentary, first having to prove the common-law marriage, to prove the
legitimate interest, through a certificate issued by the Civil Registry or a judge
familiar, clearly presenting the necessary requirements to accredit it.
8.- What documents do you need?
Intestate succession application
Death certificate of Luis
Certificate that proves the cohabitation.
Birth certificate of Mónica Josefina.
9.- As lawyers, what do you request from Adriana to prove the...
cohabitation?
Tests such as:
Testimonial. In this case, it could be the neighbors; Public Documentaries and
Private, such as the Voting Credential issued by the Institute
National Electoral of both parties where the address can be observed;
Birth certificate of the minor or in case they had procreated a child;
It could be the discharge before the social security for the minor; Receipts of
address (water, electricity, property tax, telephone, etc.)
10.- If Luis has already died, can the common-law marriage be certified?
Yes
11.- In the event that Luis had not died, can I prove the cohabitation and that
do I need?
If with the aforementioned evidence such as: Testimonial. In this case
they could be the neighbors; Public and Private Documentaries, as they can
to be the Voter ID issued by the National Electoral Institute of
both parties where the address can be observed; Birth certificate of
less or in case they had procreated a child; It could be the discharge before
the minor's social security; Proof of residence (water, electricity, property tax,
telephone etc.)
Do the children of the first marriage have priority over the concubine?
They have the same degree of preference, since Adriana inherits as a child and would be
it is discriminatory to inherit to a descendant and leave out a properly recognized partner.
accredited outside of the inheritance.
13.- Can I start the probate process first?
No, the cohabitation will have to be accredited in the first instance, so as to certify
your legal interest in the inheritance trial.
14.- What evidence do you suggest to Adriana to prove the common-law marriage?
Testimonial. In this case, it could be the neighbors.
Public and Private Documentaries.
Voting credential issued by the National Electoral Institute of
both parties where the address can be observed.
2). Birth certificate of the minor or in case they had procreated a
son.
It could be the discharge to the social security of the minor.
4) Proof of residence (water, electricity, property tax, telephone, company of
cable
15.- Proposal on what evidence is the basis for supporting the claim
Voting credential issued by the National Electoral Institute of both parties
where the address will be observed.
If there are children involved, it would be the birth certificate of the children.
16.- Which judge do I have to initiate the succession with?
Family Court Judge
17.- Before which judge do I have to prove the common-law marriage?
Official or civil registry judge (article 291 BIS CCCDMX), or family court judge.
18.- Is living together without marriage a type of family?
That's right, article 138 QUINTUS mentions that family legal relations
Generators of duties, rights, and obligations arise between people.
linked by ties of marriage, kinship, or cohabitation.
19.- How can I settle the assets acquired during the cohabitation?
The fact that there is no property regime does not prevent the liquidation of assets.
acquired within the cohabitation.
It would be natural for each person to keep their things, but having some
controversy over the right that each party has regarding a certain
Well, then we enter a case of an eminently evidential nature (already
is exhibiting the receipt of a certain movable good x, the invoice and) since having
A right and not being able to prove that you have that right is like not having it.
20.- How much would they charge to certify the cohabitation?
10,000 pesos.
21.- If besides Adriana, there is another lady named María who says that she
She was the concubine, who gets to keep the concubinage? In both cases, there are no children.
None, since as established in article 291 BIS in its third paragraph if with
the same person establishes several unions of the type previously described. In
none shall be considered cohabitation...
