In addition to the emotional part, divorce is a very turbulent time for the now ex-couple, but they also need to know what the division of disallowed assets is. When performing a civil marriage, the husband and wife need to know what needs to be separated during the division of property or when one of the spouses dies.
However, not all existing assets can be divided during the division of assets in divorce. Therefore, the objective of this text is to show how the division of non-permitted goods works and all the details of the regimes during the matrimonial bond in the civil regime.
What this article covers:
What is a division of goods in what is offered?
First, we have to answer what a sharing of goods is. Before getting married, each couple has a prenuptial agreement, in which they need to decide what kind of property sharing will take place during their marriage. Yes, there are disallowed divisions of property, which cannot be distributed after divorce.
For those who do not know sharing, it is a term that refers to the division of goods that are acquired during the union. These assets can be real estate, stocks, land or houses. And property sharing varies by model so it doesn’t cause a messy divorce in the future.
Is it necessary to carry out separation of goods or 3 dimensions?
The division of assets does not need to be carried out with the divorce, as stated in the Civil Code through article 1581. The division can be done together, judicially or extrajudicially.
Separation can only happen when the divorce is approved. Therefore, the division of assets not allowed during the separation process has to wait for the entire bureaucratic process. Separations can be consensual (when the partners are in agreement) or litigious (when there is no agreement), this only happens two years after the end of the marriage.
What are asset division regimes and how do they work?
There are four types of asset division, in which we will present all the details below. It is important to know the regime that will be implemented, and if there is any division of non-permitted goods. Next, we will explain how each of them works.
Partial Property Communion
Only assets that were acquired during the marriage can be divided.
Universal Communion of Goods
The universal community of good is when all the goods before and after the marriage belong to the couple.
Total Separation of Assets
The Total Separation of Assets is the term that refers to those who decided to sign the marriage certificate, and determines that each asset purchased by one spouse will not be divided to the other after the separation.
For example, if a couple decides to separate, but one of the people has a property with their name acquired after getting married, the same will continue with their good.
Final participation regime in questing
This type of regime is very similar to the total separation of property, but it has a difference on the issue of secrecy. This does not allow the communication of assets and that the division will only take place after an investigation.
How is the division of assets for couples without a formalized union?
When the couple does not opt for any regime, the Brazilian Justice recognizes that they automatically opted for the partial community property regime. However, the relationship needs to be publicly acknowledged, with witnesses, family and friends of the couple. In addition, the relationship needs to last and there is division of disallowed goods.
Therefore, the importance of a lawyer specialized in Family Law to know what your rights are to divide assets that are not allowed, even if you do not have a stable union or marriage in the civil regime.
How are the assets still under financing?
Know that not every divorce has to do the division of assets. Article 1.581 of the Civil Code already says that: “Divorce can be granted without prior sharing of goods.” If the separation took place when a property or other asset is in finance, the separation must respect the community regime respected.
If you are in a stable union, the entire amount paid must be considered from the partners. If before getting married you financed 40% of the assets and after getting married you have finished the process. She will only have the full entitlement to what she paid before and the rest will be shared with her ex-partner. That is, there are divisions of disallowed assets, which is the payment of insurance before equity.
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