I read the family code and would just like to clarify what was said in there and ask a few questions.
A) A common-law partner relationship can legally start on day one as soon as both couples live exclusively together. By exclusively, does this count not living together alongside one of the partners' parents' home?
B) To clarify this clause in the family code, "Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.."
- once a common-law partnership is started, by the clause "capacitated to marry each other" how does this legally affect
couples who are not yet ready to get married or are not certain they will eventually be, but are both living exclusively together? Are they bound by the equal co-ownership rule? How does one prove that they are capacitated to marry each other, will this be in a matter of a proposal?
C) To clarify correct me if i am wrong, once a common-law relationship is started and both are capacitated to marry each other, both will have equal co-ownership of all assets, property and money acquired thereafter. The equal co-ownership rule does not change or complicate even if one of the partners earn more in their job, or if the other partner just stays home and do housework, take care of the kid, etc...
D) Will all property, money and assets acquired before the common-law relationship be divided amongst the ones who owns it first, before counting everything else acquired after the common-law relationship started? What happens when the couple breaks up to the division of this property?
E) So there really isn't any difference amongst the division of property/money amongst those who are married and those who are still in a common-law relationship?
Thank you, and i hope you answer my questions and clear things up for me and my partner.