SC court recognizes same-sex stable union after almost 10 years

The Santa Catarina Court recognized the stable same-sex union between two men who lived together for almost 10 years, even after one of them claimed that there was only "friendship" between them.

The decision was announced last Tuesday (8) by the 1st Court of the district of Penha, on the North Coast. As the process is being conducted in secret, the names of those involved were not disclosed.

According to the TJSC, the couple shared their residence, domestic routine, travel and life projects from October 2007 to January 2017.

They also worked together on businesses, including building and managing a tourist resort, as well as buying and renovating properties.

The decision also declared the end of the relationship and determined the sharing of assets acquired during their coexistence, after analyzing documents, photos and financial records.

Man claimed the relationship was 'just friendship'

One of the men contested the union. He claimed that there was only friendship and professional cooperation between them, and maintained that he purchased the goods in question exclusively with his own resources.

Despite this, the judge considered continuous and lasting coexistence proven.

She analyzed photos of the two at family events and messages that showed common plans.

The judge also used as evidence proof of residence, invoices, real estate records and a public power of attorney from 2012, with reciprocal powers, which reinforced the existence of the family nucleus.

The decision highlighted that the fact that some family members are unaware of the relationship does not prevent the recognition of the stable union in light of the other evidence presented.

Court ordered equal division of assets

With the decision, the Court determined the equal division of the assets acquired during the union. Sharing includes:

Parking space

Apartment

Furniture

Household appliances

Tourist enterprise

Properties purchased before the relationship were excluded from the division. However, improvements made to one of them, during coexistence, must be evaluated at a later stage of the process.

The judge denied the requests for conviction for bad faith litigation made by both parties, as she understood that the conflicting versions did not demonstrate a deliberate intention to mislead the justice system.