Change Regime post Marriage?

Hi all,

Just had a question and hope I can get some clarification.. I'm a UK citizen and married to a Brazilian.  We registered our marriage under "comunhao partial de bens" instead of "separacao total de bens" which I think means that for any reason we should separate or divorce, she will be entitled to half of my assets. Does this mean even property that I have purchased without her involvement post marriage is included? If so, can this be changed and for how much?

Many thanks in advance

Yes it means that anything you purchase following the marriage is considered property of the marriage. There are very few exceptions to that rule here in Brazil. About the only one that I'm aware of is if you convert an asset that you owned prior to marriage to another form, so for example if you owned a home prior to marriage and your spouse never lived there with you, later sold that home and purchased another home in your name only. That would likely get excluded from the "Comunhão Parcial de Bens", although your spouse could still claim a 50 percent share of any increased value, should you make additions or renovate during the marriage and that increased the value.

Purchased without her involvement after the marriage???? How is that possible under a system where legally the other spouse is completely involved in everything following the marriage? You can't legally purchase anything following the marriage completely by yourself, just doesn't happen that way here!

It's pretty much that way in any country. You retain full possession of what you owned up to the marriage, and both parties have a 50 percent share in everything acquired following the marriage.

As far as I know there is absolutely no way to change the "Regime de bens" afterwards. The time for clearing up your doubts about those details is BEFORE you get married, don't you think?

Cheers,
James         Expat-blog Experts Team

You can change but the wedding arrangements in this constancy.
Legal proceedings will be required to change the wedding arrangements.
As for the partial property regime to which they are you and your wife submitted states that all property acquired during marriage is of both spouses and even that the goods were acquired before marriage if the couple coexisted together could remain set up stable, vículo afforded to spouses the same status of partial property, as if they were married!
As the fees charged by a Brazilian lawyer ai vary from professional for professional and office to office.
Luciano Rodrigues
lawyer

Thanks James and Luciano for your replies - Granted James, before would have been ideal.  To clarify, there is no doubt on the marriage, this is just to get a sense of clarification for myself to understand how it works..  Does this also include assets overseas? i.e. UK properties?

If you purchased the properties DURING the marriage, yes they are included regardless of where they're situated. There is no way around it, and for example should you wish to divorce at some point in the future, even if the marriage was celebrated abroad and subsequently registered in Brazil under "Comunhão Parcial de Bens", while you could divorce in that country, it would not have effect in Brazil until all the issues were settled and the "Sentença de Divorcio em Estrangeiro" went through a process called "homologação" here in Brazil, so those assets would be considered under BRAZILIAN law and treated as such. Lacking a divorce here in Brazil would be an impediment to any future marriage.

Cheers,
James    Exapt-blog Experts Team

Understood James,

Many thanks for your expertise on this subject!