Who owns what in a marriage in Brazil?
Brazil's default is a partial community of property: what is acquired during the marriage is shared, and what each brought or inherited stays personal.
Updated October 2026. Spotted a mistake? Tell us.
What applies by default
Property acquired during the marriage by either spouse, for consideration, is shared. Property from before the marriage and gifts and inheritances stay personal.
When the marriage ends in divorce
The shared property is divided equally, and each keeps their own.
A marriage contract
A pre-nuptial agreement by public deed can choose another regime, such as separation of property, universal community or final participation in acquests.
What stays your own, and gifts
Property from before the marriage, gifts and inheritances stay personal.
If one spouse is a foreigner
Brazil has its own rules on which law applies, and foreigners marrying in Brazil should get local advice.
What to watch for
- Separation of property is mandatory for some marriages, set by law.
Understand the legal system first
Brazil belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the Brazil legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in Brazil? →
Official sources
Take it further
The family and property rules of a European country in one PDF, with questions for a local lawyer.
Set the property rules before the marriage, in your own terms.
For couples who live together without marrying.
Marriage, divorce, custody and support, step by step.
Divide property and settle the terms in writing.
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TheLawToKnow Tools’s marital property guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
