Who owns what in a marriage in Brazil?

Property acquired during the marriage is joint by default

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.

The default, not your case. This page describes what applies when a couple sign no contract. Family law changes, and a court can decide differently on the facts of a case. For a couple with a foreign spouse, take advice in each country involved. This is general information, not legal advice.

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

Government of Brazil

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.