Legal Question in Family Law in Portugal

What is the default matrimonial property system in Portugal?


Asked on 10/11/10, 8:25 pm

1 Answer from Attorneys

David Cardoso LEGALWEST

The default matrimonial property system in Portugal is Communally Acquired Property ("comunh�o de adquiridos"), which in simplified terms means that all assets that belonged to the spouses before they married are their own ("bens pr�prios"), while assets acquired during their marriage are co-owned ("bens comuns").

There are some exceptions to these rules regarding who owns the assets (whether they are co-owned or not), established in the Portuguese Civil Code.

If at the date of marriage any of the Spouses are 60 years old or older, or if the marriage was carried out without the normal preliminary procedures ("processo preliminar de casamento"), the mandatory property regime is Separately Owned Property ("separa��o de bens").

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Answered on 12/15/10, 3:58 am


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