Economic Violence and Property Rights in Informal Family Relationships: A Gender-Based Analysis from Colombia

Abstract

The common-law family has emerged as one of the most widespread types of family groupings in Colombia, and it is an example of significant social changes in the contemporary family. Women's rights, although legally acknowledged, are not properly protected, and remain unfulfilled in practice, with particular regard to the issues of property rights and economic autonomy. Drawing on the lens of gender-based violence, this study explores its effects on the establishment, management, and termination of common-law marriage. The research is grounded in a qualitative hermeneutic and socio-legal approach, and is based on legal and jurisprudential analysis and empirical evidence gathered through fifty semi-structured interviews with women having lived common-law relationships in a variety of socioeconomic contexts. The results show that economic and patrimonial violence are also ongoing gender inequalities, frequently expressed in the form of economic control, hiding assets, contractual simulation, and restrictions on access to justice. Moreover, the study shows that the traditional civil law institutions, such as contractual simulation can be tools of economic abuse that affect women's property rights, and perpetuate power imbalances. Moreover, the findings underscore the lack of recognition of unpaid domestic and caregiving work as a meaningful contribution to patrimonial partnerships. The article suggests in turn legal and social approaches to reinforce gender sensitive judicial interpretation, access to justice and introducing a human rights and gender approach in family property law. The research may help in the current discussions about the phenomenon of economic violence, gender justice and the safeguarding of women's patrimonial rights in non-marital family forms..