Regime of Goods node Marriage

In short, the Property Regime establishes how the couple's properties will be configured and managed.

In other words, it will define how assets created before and during the marriage will be divided; establishing how assets will be shared in the event of death or separation.

As we believe that knowledge is power, we will try to explain each of the property regimes:

– Partial Community of Property

Partial Communion is the default regime, meaning that when there is no choice between the parties regarding their preferred regime, or if for some reason the adopted regime is null and void, they will be governed by it. Most marriages in Brazil are performed under this regime.

Here, assets acquired during the marriage will be jointly owned by the couple. Therefore, to sell any jointly owned property, the authorization of both spouses will be required.

However, the assets that the spouses already had before the marriage will not be part of the couple's assets.

This community does not include assets received as inheritance or donation; assets acquired with values exclusively belonging to one of the spouses; obligations arising prior to marriage or resulting from unlawful acts; personal assets, books and professional instruments, proceeds from the personal work of each spouse, among others.

– Universal Community of Goods

In the Universal Community of Property, all assets acquired by the spouses, before and during the marriage, will be the common property of the couple.

Excluded from this community are assets donated or inherited with an incommunicability clause and those subrogated in their place; assets encumbered by trust; debts prior to the marriage, and prenuptial donations made by one spouse to the other with an incommunicability clause.

– Total or Conventional Separation of Assets

In the Total Separation of Assets, as the name suggests, the spouses will keep their assets, with no communion or sharing of assets, before or during the marriage.

The Total Separation of Assets regime will be mandatory when the person is over 70 years old or when the marriage depends on a court decision.

– Final Participation in Acquisitions

This is one of the most atypical and unusual regimes in Brazil. During the marriage, there will be complete separation of assets, with each spouse managing their own personal assets. If the marriage ends, whether through separation or death, all assets acquired during the marriage will be divided in half, excluding personal assets.

[instagram-feed]