AULA 17 - OS DIFERENTES REGIMES DE BENS

Summary

In this informative lecture on family law, the instructor explains various property regimes, including the partial community of property and the universal community of property. The discussion covers the legal implications of each regime, the division of assets, exceptions to shared property, and the role of prenuptial agreements in customizing these regimes. The lecturer also highlights key distinctions, such as the treatment of personal and common assets in the event of divorce and the conditions under which certain properties are excluded from division. The session is part of a broader series aimed at deepening understanding of property regimes in marriage.

Takeaways

• 😀 Property regimes are an important part of family law, determining how assets are divided in a marriage.
• 😀 If no property regime is chosen by a couple, the default is the Partial Community of Property regime.
• 😀 In the Partial Community of Property regime, assets acquired before the marriage remain private, while those acquired after the marriage are shared.
• 😀 Prenuptial agreements allow couples to customize their property regimes by combining aspects of different regimes, provided it does not violate public norms.
• 😀 The Universal Community of Property regime combines all assets, including those acquired before marriage, into one shared mass.
• 😀 Personal-use items like professional instruments or books are exempt from being shared in both the Partial and Universal property regimes.
• 😀 In the event of a divorce, assets acquired during the marriage in the Partial Community of Property regime are divided equally, while private assets remain unaffected.
• 😀 Certain debts, such as those incurred before the marriage, are not shared by spouses in either property regime.
• 😀 Improvements made to one spouse's private assets during the marriage may be shared if the marriage is dissolved.
• 😀 Spouses are entitled to half of the income derived from the fruits of their common or private assets, including rental income after the marriage begins.
• 😀 The Universal Community of Property regime excludes certain assets from being shared, including those received with incommunicability clauses through inheritance or donation.

Q & A

What is the general supplementary property regime in family law?

The general supplementary property regime is the partial community of property regime. It applies when no specific property regime is chosen by the couple during marriage, and it is automatically imposed by the public authorities.

What assets are considered 'private assets' in the partial community of property regime?

Private assets include those acquired before the marriage, as well as assets acquired through inheritance or donation. These assets remain under the sole ownership of the individual spouse.

How are 'common assets' defined in the partial community of property regime?

Common assets are those acquired after the marriage through onerous means (such as purchases). These assets are subject to equal division in the event of a divorce.

What are the exceptions to the rule of asset division in the partial community of property regime?

Exceptions include personal use items (e.g., iPads, notebooks), professional instruments, salary, labor benefits, and debts incurred before marriage. These are not divided upon divorce.

How are improvements made to private assets treated in the partial community of property regime?

If one spouse makes improvements to the other spouse's private asset during the marriage, the increase in value is considered a common asset and is divided upon divorce.

What happens to assets acquired through inheritance or donation during the marriage?

Assets acquired through inheritance or donation are typically not included in the division of assets unless they are explicitly named as shared assets in a prenuptial agreement or other legal documentation.

What are the effects of divorce on the division of common assets in the partial community of property regime?

In the event of a divorce, common assets are divided equally between the spouses. Private assets remain the property of the individual spouse who owns them.

What is the universal community of property regime, and how does it differ from partial community?

The universal community of property regime requires a prenuptial agreement. It combines all assets, including those owned before the marriage, into a single shared estate. In contrast, the partial community regime divides assets into private and common categories.

What assets are excluded from the universal community of property regime?

Assets that are explicitly excluded include those received with an incommunicability clause (such as inheritance or donation), trust assets, and debts incurred before the marriage that do not benefit the couple.

How do debts incurred before marriage affect the couple's assets in the universal community of property regime?

Debts incurred before marriage are not included in the shared estate of the universal community of property regime unless they directly benefit the couple, such as a debt taken for a shared expense like a wedding.