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Regarding marriage and assets

ltoby955

Do you retain what you brought into the marriage or in the case of divorce is it split irrespective of who had what at the start? 

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abthree

08/08/25 Do you retain what you brought into the marriage or in the case of divorce is it split irrespective of who had what at the start? - @ltoby955

There are four "regimes de bens" recognized under Brazilian law and one of them has to be chosen by the couple prior to the wedding; a pre-nuptial agreement acceptable to the cartório can also be substituted. 


The four "regimes" are:

  1. Separação de Bens -- assets acquired by either partner before or during the marriage remains the individual's own property.  There is no division of assets in the event of a divorce.  This regime is required for persons over 70 years of age, unless specifically renounced and the renunciation registered;
  2. Comunhão Parcial de Bens -- assets acquired by either partner before the marriage remain the individual's own property and are not subject to division of assets.  Individual inheritances and gifts are not subject to division of assets.  Assets acquired after the marriage by either partner are considered to be owned by both and are subject to division of assets.
  3. Comunhão Universal de Bens -- assets acquired by either partner whether before or during the marriage are the property of both and all are subject to division of assets.  Debts contracted by either partner also become the responsibility of both. 
  4. Participação Final nos Aquestos -- Each partner owns his/her own property.  Each one has a right to half of the assets acquired by the couple during the marriage.


The same requirements apply to a União Estável.  It's my understanding that, in the case of an informal União Estável that acquires legal force with the passage of time but in which a regime de bens is never declared, comunhão parcial de bens is generally assumed.  Unless one of the partners was 70 or over when the relationship began:  then the assumption would be separação de bens.