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Who owns what in a marriage in Portugal?

Property acquired during the marriage is joint by default

Portugal's default is a community of acquisitions, but the law requires separation of property when a spouse is aged 60 or over at the wedding.

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 is joint, while property from before the marriage and gifts and inheritances stay personal.

When the marriage ends in divorce

The joint property is divided in halves between the spouses, and each keeps their own property.

A marriage contract

Spouses can sign a pre-nuptial agreement before the marriage, in a formal document, choosing another regime such as separation of property or a general community.

What stays your own, and gifts

Property from before the marriage, gifts and inheritances stay personal.

If one spouse is a foreigner

In member states that take part in the EU Matrimonial Property Regulation, the law that governs the spouses' property is set by common rules, and spouses may choose from a short list of laws in a written agreement. Check whether the country takes part.

What to watch for

  • Separation of property is mandatory in some cases, for example if a spouse is aged 60 or over.

Understand the legal system first

Portugal 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 Portugal legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in Portugal? →

Official sources

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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.