De facto couples without economic rights: here are the rules to protect your partner

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Love alone is not enough. Especially before the law and you need to know that the “de facto cohabitant” is not an heir by law. Because being a de facto couple is not the same as being a married couple.

And so there are questions that are important to answer before you find yourself blown away.

For example, what happens if a partner dies? What are the rights of the beloved who remained alive?
«The simplest way to protect your partner in view of your death is, first of all, the will. Only through this deed, which can be drawn up in different forms at a notary or privately through the holographic will, is it possible, according to Italian law, to dispose of the so-called “share available” in favor of a non-heir person “, he explains. Alex D’Alessandrofinancial and asset consultant, “This share generally ranges from a quarter to half of the testator’s assets depending on the family composition and, therefore, on the presence of other heirs since the remaining part of the assets constitutes a reservoir of legitimate shares in favor of ascendants, spouses, descendants and relatives up to the 6th degree ».

There are also other tools, crucial to protect your partner such as, for example, the stipulation of a “life policy”: “Thus the capital would go entirely to the beneficiary, being outside the estate and therefore exempt from inheritance tax”.

But returning to the good par excellence of us Italians, that is the HouseAlex D’Alessandro recommends draw up a will with “bond of destination” of the house owned in favor of the daughter and usufruct of the cohabitant: «This instrument gives some goods a constraint, called a destination. In this way, the ownership of the property remains with the cohabitant, but when the succession is opened it will pass to the daughter without her being attacked by third parties “.

All this must also make up for the fact that neither the survivor’s pension nor the severance pay are contemplated in the event of the death of one of the cohabitants, “And for this another possible solution could be to stipulate a form of supplementary pension, a pension fund with use of the TFR in favor of the partner “.


Source: Vanity Fair

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