Colombian Supreme Court sets new rule on when cohabiting couples can claim business ownership

The Colombian Supreme Court of Justice issued a ruling clarifying the criteria for recognizing a "sociedad de hecho" (de facto partnership) separate from the marital patrimonial regime. The court held that merely living together, even for many years and forming a family, does not automatically confer partnership rights in a business. To be granted such rights, the parties must demonstrate a genuine economic partnership with mutual contributions, a common commercial purpose, and an intention to share profits, risks and benefits.

The decision stemmed from a case in which a woman sought recognition of a de facto partnership after years of cohabitation and participation in her partner’s business activities. The Court concluded that the evidence did not satisfy the legal requirements for a true economic association. Legal analyst Jimmy Jiménez emphasized that proof of actual joint economic activity, contributions of money, assets, labor or expertise, and profit‑sharing intent are essential for a successful claim.