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When going through a divorce or separation in Brazil, one of the most complex and important issues is property division—known as partilha de bens. If you’re a foreigner with assets in Brazil (or married to someone who has), understanding how Brazilian law approaches this issue is critical to protecting your financial future.
As a Brazilian family lawyer fluent in English and experienced with international cases, I help foreign clients navigate property division in Brazil with clarity and confidence.
In Brazil, couples must select a marriage property regime (regime de bens) when they get married. This regime governs how assets will be divided if the marriage ends.
The main regimes are:
If you did not choose a specific regime, Brazilian law will apply Partial Community Property by default.
If the Partial Community Property regime applies:
Even if you married outside Brazil, Brazilian courts usually apply Brazilian law to property division if the divorce is filed here. This can surprise many foreigners who expect the rules of their home country to apply.
Many foreign spouses misunderstand how Brazilian law works and assume:
In reality, property division in Brazil must go through formal court or notarial proceedings, and a Brazilian lawyer is required. Without proper legal support, you risk:
As a trusted Brazilian family lawyer with international expertise, I provide:
Whether you’re living in Brazil or abroad, we act as your trusted legal partner.
It depends on your marriage regime. If you didn’t choose a regime, the default (Partial Community Property) means assets acquired during marriage are shared 50/50.
Brazilian courts can consider international assets, especially in complex or high-value divorces. We handle cross-border coordination and asset protection strategies.
Not automatically. It must be reviewed, translated, and formally recognized. We can help enforce or adapt it for Brazilian court proceedings.
Yes. Brazilian law requires a licensed Brazilian lawyer to handle property division and represent your interests in court or notarial proceedings.
It depends on the complexity of your case and whether both parties agree. With proper legal support, the process is faster, clearer, and more secure.
Property division in Brazil—especially in international divorces—requires local legal knowledge and strategic planning. Let us help you protect what’s yours.
Schedule your free initial consultation today!