Marital property regime in São Paulo
Partial community, universal community, separation, final participation — and the judicial change of regime when the original choice no longer fits. In person at Avenida Paulista or remotely.
5,0 · 18 Google reviewsThe property regime decides what divides in a divorce: partial community (default) splits assets acquired during the marriage; universal splits everything; separation keeps estates apart; final participation settles at dissolution. The regime is chosen by prenuptial agreement — and can only be changed after the wedding by judicial authorization (CC, art. 1.639).
The regimes and when each fits.
- Partial community (default)Assets acquired during the marriage divide; pre-marriage assets and inheritances stay separate — the regime applied by law when no pact exists.
- Universal communityEverything divides — including pre-marriage assets, with legal exceptions. Rare and usually not recommended.
- Total separationEstates stay fully apart — chosen when business risk, prior children or independent assets justify it.
- Final participation in acquisitionsEach keeps their estate during the marriage; on dissolution, each participates in half of what the other accumulated — a middle ground.
- Mandatory separationMarriage by a person over 70 imposes mandatory separation of assets (CC, art. 1.641, II) — a rule currently under judicial review.
- Judicial change of regimeAfter the wedding, the change requires judicial authorization with just cause, creditor protection and a hearing for the spouse and the Public Prosecutor's Office (CC, art. 1.639; CPC, art. 738).
- Division at dissolutionThe regime decides what divides — and the divorce executes the split.
The regime chosen before the wedding decides the division.
The partial community — applied by default — divides what the couple acquired together during the marriage: property, investments, business growth. What each owned before, and what each inherits or receives as a gift during, stays separate. For most couples it is the right balance.
Total separation keeps the estates fully apart — appropriate when one spouse carries business risk, has children from a prior relationship, or simply intends to keep finances independent. It requires a prenuptial agreement — it cannot be imposed after the wedding.
The judicial change of regime is the only way to switch after the wedding: it requires just cause and proof that creditors are not harmed, and the spouse and the Public Prosecutor's Office are heard (CC, art. 1.639; CPC, art. 738). It is a real but demanding procedure.
Mandatory separation overrides choice for marriage by a person over 70 (CC, art. 1.641, II) — and it is under review: the STF held it partially unconstitutional for succession effects (RE 878.694, Tema 1.236), with the division-in-divorce discussion still open. Those married under this regime can seek to revisit their situation.
How we run the case.
- Identify the applicable regimeWhat the marriage certificate and any pact established — or the legal default.
- Assess whether it still fitsBusiness risk, new assets, changed circumstances — does the regime protect the current reality?
- Change it judicially if neededBoth spouses' consent, creditor protection and the court authorization.
- Apply it at dissolutionThe regime decides what divides in the divorce or at death.
What to bring to the first conversation.
Documents that speed up the review
The marriage certificate, any existing pact and the asset inventory define the regime's effects.
- Marriage certificate
- Existing prenuptial agreement, if any
- Inventory of both parties' assets
- Property titles and business documents
- Documents of assets acquired during the marriage
- Creditor and debt information, for regime change
- Both spouses' consent for judicial change
- Foreign documents for international couples
Case review and a written proposal before any step is taken. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
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Who leads this area.
Founding partner at Falchet e Marques (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas), she leads the real estate, family and probate practice. Straight to the point, no legalese.
Meet Letícia MarquesCommon questions.
What regime applies without a prenuptial agreement?
Partial community: assets acquired during the marriage divide equally; pre-marriage assets, inheritances and gifts stay separate. It is the legal default.
Can the regime be changed after the wedding?
Yes — through a judicial action to change the regime, with just cause and proof that creditors are not harmed (CC, art. 1.639; CPC, art. 738). The spouse and the Public Prosecutor's Office are heard; it cannot be done by private contract.
Does marriage to a person over 70 impose a mandatory regime?
Yes — mandatory separation of assets (CC, art. 1.641, II). The STF has already removed its succession effects for the surviving spouse (Tema 1.236), and the discussion on division in divorce remains open.
What is final participation in acquisitions?
Each keeps their own estate during the marriage; on dissolution, each participates in half of what the other accumulated. A middle ground between separation and community.
Does the regime affect a business owned before the marriage?
Under partial community, the pre-marriage business stays separate — but its growth and income during the marriage may divide. A pact or regime choice clarifies.
Does the regime affect inheritance?
Yes — it determines the surviving spouse's participation in the estate. The regime coordinates with wills and donations in succession planning.
Does the regime fit the current reality?
Send the marriage certificate and asset map: we assess whether the regime protects the situation — and the path to change it if not, with a written proposal.