The inheritances and gifts received after the union also belong to both. If one of the spouses receives one of these benefits, the value goes to both of them. “With such a regulation, all assets are divided in a possible separation: both those acquired on a costly basis and those inherited or donated,” explains lawyer Gisele Pazzini from Asseff & Zonenschein, a specialist in family and inheritance law.
Debts are also passed on to others. If one of the spouses incurred debts before the marriage, the other becomes responsible for the debts after the marriage. “In the universal community, one person is responsible for the debts of the other, regardless of how the debt was incurred,” explains Gisele.
The regime affects the inheritance of children before marriage. This is because prior to the union under this arrangement, a child from a previous marriage would be the sole heir to that property. After unification with a universal property division system, the spouse becomes part of the division, says lawyer Mario Luiz Delgado of the MLD office and president of the Legislative Committee of the IBDFAM (Brazilian Institute of Family Law). On the other hand, the child from a previous marriage is also involved in the division of assets that previously belonged only to the spouse.
If the couple wishes, a change in the property regime is also possible during the marriage. This change must be requested in court and the request must be made by both spouses. In this case, the assets existing at the time of the change request must be released before this change. “The change in the asset regime has no retroactive effects,” warns Delgado.
If someone purchased a property or a car before marriage, this property also belongs to both, even if it is only registered in the name of one of them. In the event of a divorce, the division is equal, meaning everyone is entitled to exactly half of what was there at the time of separation.
Mario Luiz Delgado, President of the Legislative Committee of IBDFAM (Brazilian Institute of Family Law)
Partial community of assets
It only divides what was acquired after the union. It is currently the most widespread regime. If the person is married or lives in a stable partnership and has not decided on a specific arrangement, partial community of property applies. Under this system, all assets acquired after marriage are divided equally in the event of a divorce but what each person had before marriage remains separate.