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Marriage in Portugal is governed by several legal rules, which the people involved do not always realize the importance of being informed about such matters.
The property regime, marriage regime or even patrimonial regime, which deals with the three main types of division of assets in a marriage, are one of the issues to take into account. To this end, this article will help you better understand what types of property regimes are and how they best suit you.
What is the asset regime?
The property regime is a set of rules that defines which assets belong to the couple, and which belong to each member.
What is the property regime for?
When a couple enters into marriage, as, for example, the family home, it is important that the property regime exists, in order to understand whether the debts and assets of the couple's members are shared or not. The definition of the property regime is fundamental in the case of division of assets in divorce.
The different types of property regimes
Within the asset regimes, these are separated into three types:
- Community of goods;
- Total separation of assets;
- General community of goods.
Community of acquired goods: what is it?
The community of acquired assets provides that assets purchased during a marriage automatically belong to the couple. In case of divorce they will have to be divided.
How does the communion of acquired goods work?
The group of acquired assets includes those that the spouse receives before marriage and that derive, among others, from donated assets or some inheritance.
After marriage, the income resulting from work also belongs to both parties. The set of common assets is called common assets, where the partner's assets and debts are contracted.
Separation of assets: what is it?
The separation of assets occurs when the assets acquired during the marriage are not shared between the members of the couple.
This regime works as if there were no assets in common between the couple, each belonging to a member of the couple.
How does separation of assets work?
In this regime, the couple is allowed to buy things in common, but they are registered as if they were individual people and not as a couple. This process is called co-ownership.
General community of goods: what is it?
In the general community of assets, the assets acquired before and after the marriage become the entire property of the couple.
How does the general community of goods work?
In this regime, it is important to take into account that assets such as correspondence, clothes, or donated goods do not necessarily have to belong to the other member of the couple.
What are the rights and duties under the general communion regime?
Within the rights and duties of the general community of property regime, the law no. 61/2008 stipulates that couples with this regime, upon divorce and sharing of assets, cannot receive more than they would receive under the community of acquired regime.
This ensures that there is a fair distribution of assets between the members of a couple in the process of divorce, whether divorce by mutual consent or divorce without consent.
Advantages and disadvantages of each regime
If there is a separation of assets, or partial communion, the advantage is based on the financial independence that the members of the couple want to maintain between themselves. Regarding disadvantages, the separation of assets will be more complex in the event of a separation.
Universal community of assets is best suited for couples who have a large amount of assets. Debts incurred during the marriage become the responsibility of both spouses, which can become a disadvantage.
Is it possible to change the property regime after marriage?
No. The article 1714, no. 1 of the Civil Code provides that no change can be made to the property separation regime.
However, there are exceptions, such as simple judicial separation of assets Or the judicial separation of people and assets.
Examples of acquired goods
Among the assets acquired, cars, homes, or even profits from work activities stand out.
In the event of a divorce, what happens to the acquired assets?
If there is divorce, the acquired assets will have to be divided. In relation to your own assets, these will also be given back to the official owner of these same assets.
In the case of debts, a check of the debts of each member of the couple must be carried out, in order to understand what the net common asset is.
Impact of choosing the property regime on inheritance
In partial community of assets, what the deceased spouse had gained goes to the living spouse.
Regarding the separation of property regime, there is no right for the member of the couple to receive an inheritance. And finally, in the universal communion of goods it is exactly the opposite.
Contact the team divorce lawyers in case of doubts!
How to choose the property regime before marriage?
A prenuptial agreement It is the mechanism that gives the couple the option of choosing the type of regime under which they want to get married.
This agreement is celebrated through a public deed, at a notary's office within one year after the celebration of the marriage.
Legislation on property regime in Portugal
There are contours in the law that need to be taken into account. The law imposes the property separation regime when:
- One of the bride and groom is aged 60 or over;
- If the publication process did not take place before the wedding, which checks whether the marriage is legally accepted.
General community of assets may be prohibited in cases such as:
- When one of the members of the couple already has children, even if they are of legal age and independent;
- When the prenuptial agreement is not made;
- If the bride and groom have not established the regime they want.
To find out more about what the law says and how you can find out more about the subject, contact the team at Divorce Lawyers!
Conclusion
With differences between them, each of these regimes must be taken into account, depending on the assets of each couple. For this, the presence of a lawyer can be essential, in order to analyze the situation and provide advice.
note: The information presented in this article is for informational purposes only and should not be construed as legal advice. Although we have made every effort to ensure the accuracy of the content, we assume no responsibility for any inaccuracies, omissions or legal changes that may occur after publication. If you are facing a specific situation or have questions about any of the matters covered, we strongly recommend consulting a lawyer or legal specialist for advice tailored to your situation.
