Marriage Regimes in Brazil

There are two common matrimonial property regimes in Brazil: Comunhão de Bens and Separação de Bens. Whereas in the United States, the regimes are dictated by state law, in most cases in Brazil, a couple may choose their regime.

To select, just go to the notary office where the marriage will be filed and inform the notary about your choice. Not sure which notary office to go to? Click here to learn more. You may need to formalize your selection in a publicly filed prenuptial agreement.

Here’s a summary of the Comunhão de Bens and Separação de Bens regimes.

Comunhão de Bens

This property regime is divided into Parcial and Universal. With Parcial, all property purchased during the marriage belongs to each partner equally. This is the default rule that’ll apply if a couple doesn’t choose a regime.

On the other hand, with Universal, assets owned by each person before the marriage, as well as all property acquired during the marriage, belongs to each partner equally.

Interested in seeing how this would apply in real life? Check out our next article.

Separação de Bens

This property regime is divided into Convencionada and Obrigatória. In both cases, property acquired before and during the marriage belongs to an individual partner as opposed to being shared by the couple.

Like Comunhão de Bens, a couple can choose the Separacão de Bens regime. However, in the case of the elderly (70 or older), this regime is mandatory.

Want to see an example of how this works? Stay tuned to our next post.

Remember that these different regimes apply not only to marriages but also to cohabitation relationships known as união estável.

Before you get into a relationship, make sure you know and discuss your options. Whatever you choose at the start will ultimately determine what happens in the unfortunate event of a divorce.