Property regime is the set of rules that regulate the economic and financial aspect of the couple. In this way it is through him that it is established how this whole issue will work. In other words it is through the property regime that it is established which assets belong to each spouse and which assets belong to both. Knowing the existing property regimes is very important as it has a great influence when the divorce occurs due to the death of a spouse since depending on the property regime chosen your share of assets can increase or decrease. Let’s look at each of the regimes and their particularities below Partial community of assets The first property regime that we will address is the partial community property regime which is the most used property regime in Brazil.
In this modality the assets that each spouse has already acquired during the marriage are not communicated. In other words the assets acquired before the marriage are individual while the assets acquired during the Ghana Email List marriage are common that is they belong to both parties. Note that in this modality only those assets that were acquired at a cost after the union will belong to the couple. But be careful it is not all assets acquired after marriage that communicate but only those acquired at a cost. How does the division of assets work? In other words assets received free of charge such as a donation or inheritance will not form part of the couples assets and will only belong to the spouse who received the donation or inheritance.
Furthermore the aforementioned type of assets is the most common in Brazil as in cases where the couple determines nothing about the type of assets in the prenuptial agreement this is the one that applies. Universal Community of Goods As the name of the regime leads us to imply in this regime all assets will belong to the couple both those acquired during the marriage and those acquired before it. However there are some exceptional situations that exclude the communication of certain assets such as for example in the case of one of the spouses receiving a donation or inheritance that contains an incommunicability clause. This clause is an item in the contract that makes it clear that the asset acquired by the spouse will not be part of the couples assets.