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Division of assets · SPD Advocacia

Divorce or separation: protect your share in the division of assets

Financed house, car, business, debts and hidden assets. See how division works in divorce and in a stable union, and tell us about your case.

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Straight answer

How does property division work in a divorce?

It depends on the property regime. Under partial community of property, which applies when there is no prenuptial agreement and also to a stable union without a contract, assets bought during the union are divided equally. Excluded are the assets each one already owned, those received by inheritance or gift and those bought with money from such assets. Debts incurred for the benefit of the family are also included in the division.

What the law says

Key points

Partial community of property

It divides what was acquired during the union. It is the most common regime.

Universal community of property

It divides almost everything, including prior assets, with some exceptions.

Separation of property

Each keeps what is in their own name, with exceptions reviewed case by case.

Common-law marriage

Without a contract, partial community of property applies.

Source: Civil Code, arts. 1,640, 1,658 to 1,666 and 1,725.

What is your case?

Situations the firm handles

Financed property

House or apartment with installments

The amount paid during the union is divided, not necessarily the whole property.

Civil Code
Hidden assets

Assets in other people's names

Search for assets, accounts and companies in third parties' names.

Case review
Company

Shares and profits

An interest in a company may be included in the division.

Civil Code
Debts

Loans and financing

Debts taken on for the family are also divided.

Civil Code, art. 1,664
After the divorce

Additional division of assets

Assets that were left out can be divided later.

CPC, art. 669
Use of the property

One lives there and the other does not

Whoever stays in the jointly owned property may have to pay rent to the other, depending on the case.

Case review
This page provides general information, does not replace an analysis of the case and there is no guarantee of results.

Step by step

How the firm works

  1. Review. We listen to your case confidentially and explain the options, timelines and costs.
  2. Documents. We organize the evidence and documents of each party.
  3. Agreement or lawsuit. Whenever possible, we seek a settlement. If there isn't one, we file the lawsuit.
  4. Follow-up. Hearings, decisions and enforcement, with updates on WhatsApp.
+5 thousand cases handledTen years of law practicePractice before the STJ and the STFFeatured in G1, UOL, Estadão and TV Globo

Case review

Let's review your case

Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.

Common questions

Frequently asked questions

Is inheritance included in the division?

Under partial community property, no. Assets received by inheritance or gift stay with the person who received them.

Is a property in only one spouse's name divided?

It depends on when and how it was bought. The name on the registration does not decide this on its own.

Can the division be done at a notary office?

Yes, if there is an agreement and the requirements are met.

What about the FGTS used in the purchase?

FGTS accumulated during the marriage is usually included. Each case needs analysis.

Do you serve clients outside Anápolis?

Yes. Service is provided at the firm's office in Anápolis, or online for all of Goiás and other states.

How much does it cost?

After the analysis, the firm sends a written fee proposal before any engagement.