How partial community property works, a regime that caused Rachel Scheherazade to lose half her fortune in the event of a divorce

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Rachel Scheherazade50 years old, he said in an interview with Spectacular Sundayshown last Sunday, the 29th, that she lost half her fortune in the divorce with her ex-husband, Rodrigo Portoin 2016. The journalist, who participated in the The farm 15 and was married for 12 years, said she got married in partial communion regime.

Although it has not always been called by this name (it is also known as the complementary regime), the partial communion regime is more widespread among couples. The influencer Virginia Fonseca and the singer Zé Felipe, for example, have opted for a partial sharing of assets. But after all, do you know how this regime works?

OR Earth heard by two lawyers specialized in family law. As explained by Laísa Santos, of Schiefler Advocacia, and Lorena Melo, of Fonte Advogados, in this regime Property acquired during the marriage becomes the property of the couple. If there is a divorceYou the assets are divided equally between the two parties – You assets acquired before the union do not fall under this division.

“The partial community of property regime is the one applicable to all marriages and stable unions whose celebration took place without a prenuptial agreement or, in the case of stable unions, without a contract concluded under a different regime. In this regime, all assets acquired during the relationship, for consideration, that is, through the fruits of each other’s labor, will be communicable,” states Laísa Santos.

Lorena Melo explains that partial community of property is the legal regime, that is, if people who get married do not expressly choose another regime before getting married, it is the regime that applies. “If there is no express provision to the contrary, the regime will apply during the relationship,” she specifies.

Brazilian legislation provides for other regimes that can be chosen, such as universal community of property, mixed regime and total separation of property. “If both spouses are not interested in sharing the assets they have acquired in the event of divorce or dissolution of a stable union, the best way to protect themselves from a possible sharing is to opt for a regime other than partial community of assets” , guide Laísa Santos.

Types of regimes

Partial community of goods

More common. In the event of divorce or dissolution of a stable union, the assets actually acquired by the spouses or partners must be determined so that the assets can be shared. The assets and values ​​that each spouse/cohabitant had at the beginning of the relationship, as well as what she may receive through inheritance or donation, cannot be communicated at the end of the relationship.

Universal community of goods

Less common. In the regime of universal communion there is communication of all goods: past, present and future. The assets of the spouses/cohabitants are merged into a single asset, i.e. the assets they owned before the start of the relationship, as well as any assets acquired or received during the period of the union, will remain with both.

Mixed regime

In this case there is no communicability of the assets prior to the marriage nor of the assets acquired during the marriage. Property acquired before or during the marriage belongs to the person who acquired it and the spouse has no rights to it. In practice there is financial independence.

Total separation of assets

The separation of assets regime is also known as conventional separation of assets, total or absolute separation. In this regime the assets of the two are independent, each manages their own assets. There is therefore no communicability of assets prior to the marriage nor of assets acquired during the marriage.

“The big secret is always planning. Obviously no one will get married, they will form a stable union thinking about separation. However, if the partial community regime is not the most suitable regime for that family, the parties can choose these property regimes before the establishment of this relationship”, adds Lorena Melo.

Source: Terra

Amanda

I am Amanda Gans, a motivated and ambitious professional in the news writing industry. With over five years of experience in this field, I have developed an eye for detail and an ability to craft stories that captivate readers. I currently write for Gossipify, where I specialize in beauty & celebrities news. My passion lies with exploring the world of beauty through writing, interviewing experts and developing articles that are both informative and entertaining.