Impact of excluding common-law partnerships on asset protection

Abstract

In Ecuador, the protection of family assets and succession planning has faced significant challenges, especially regarding the exclusion of free unions from property regimes. This exclusion has generated inequalities and legal vulnerabilities for a large sector of the population. Therefore, the present study has focused on analyzing the effectiveness of the estate regimes in Ecuador and the implication in succession planning. In addition to proposing legislative improvements that include free unions, to guarantee comprehensive and equitable protection of family rights. Consequently, the current regulations have been analyzed, as well as the review of studies and the comparison of international legislative practices to identify areas for improvement. So, the need for legislative reforms that include free unions in property regimes has been recognized. Jointly, the unification of dispersed regulations and the promotion of voluntary family wealth as a flexible option have been proposed. Consequently, it has been concluded that updating the legislation would guarantee equal rights. This would simplify regulations to improve the effectiveness of the legal system and actively promote voluntary family wealth to strengthen the legal security of all Ecuadorian families.