Legal cohabitation in Peru refers to the free and voluntary union between a man and a woman, without being married, who have lived together continuously for at least two years. This form of partnership allows the couple to achieve purposes and assume duties similar to those of marriage.
It is important to note that, as of today, Peru does not recognize marriage or legal cohabitation between same-sex partners.
For the union to produce legal effects, both partners must be free of marital impediments and may register their relationship in the Personal Registry of SUNARP. The registration records the start date and, if applicable, the end date of the cohabitation, ensuring clarity regarding which assets belong to each partner and which fall under the shared patrimonial regime.
Why is it important to register legal cohabitation?
Registration with SUNARP provides legal certainty and is the most effective way to protect the rights of both partners. Once registered, the couple is automatically subject to the community property regime, meaning that all assets and income acquired during the relationship belong equally to both partners.
In addition, official recognition of legal cohabitation grants important personal and inheritance rights, including:
Community property regime
Right to alimony between partners
Access to public or private health insurance as a family group
Inheritance rights in case of the partner’s death
Survivor’s pension
Possibility of adoption as a couple
How to register a cohabitation of two years or more
The most common method is the notarial procedure, as it is simple, fast, and accessible. The judicial route is used only when disputes exist or when the partners do not agree to register voluntarily.
When both partners agree to formalize the union, they must go to a public notary, who will process the recognition based on the following requirements:
Valid identity documents of both applicants.
Peruvian citizens must be up to date with electoral obligations and any fines paid at Banco de la Nación.
Foreign citizens must hold a valid Foreigner’s ID (Carné de Extranjería), which will be verified through biometric validation. It is recommended that both partners have the same registered address.
Application signed by both partners, including an express declaration that they have lived together continuously for no less than two (2) years.
Statement confirming that both partners are free of marital impediments and that neither maintains a shared household with another person. There must be no existing marriage or pending divorce process, whether in Peru or abroad.
Domicile certificate for both applicants (issued by the Peruvian National Police or a notary).
Both certificates must show the same address.Negative Certificate of Legal Cohabitation, issued by SUNARP (Personal Registry) according to the couple’s local jurisdiction.
Declaration from two (2) witnesses, attesting that the couple has lived together continuously for two years or more.
Additional documents proving continuous cohabitation, such as rental contracts, bank statements with the same address, membership registrations, or other documentation showing shared residence for at least two years
Publication of notices
Once the application is filed and the documents verified, the notary will order the publication of notices (edictos) containing a summary of the request for recognition of legal cohabitation.
After fifteen (15) business days, and provided no objections are filed, the notary will issue the public deed recognizing the union and will prepare the notarial report (parte notarial) for registration in SUNARP.
After registration is completed, the couple will receive:
the testimony of the public deed, and
the registration certificate issued by SUNARP.
With these documents, they may request updated literal copies whenever required by banks, notaries, educational institutions, clubs, or other organizations.
Judicial recognition
Legal cohabitation may also be recognized through the judicial process. In such cases, the applicant must submit to SUNARP the judicial report, which includes the judge’s order, certified copies of the court ruling, and the resolution declaring the ruling final or enforceable.
The DNI or Foreigner’s ID numbers of both partners must always be included.
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