Total Community of Assets: is it worth getting married this way?

The Brazilian Civil Code provides for four distinct types of property regimes. For a long time, the model for dividing property used was total community property , where all assets obtained before and after marriage were to be divided between both parties at the time of separation. Do you want to understand how this regime works and what impacts this agreement has on the couple?

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Universal Property Regime: what is it and how did it come about?

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As the name suggests, the Universal Property Regime involves the division of assets equally, regardless of the period in which the asset was obtained.

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Therefore, all assets obtained by the parties before the marriage must be considered if the spouses decide to separate.

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This type of regime arose in defense of women, since, some time ago, when a couple divorced, all the assets went to the husband. However, in order to get married, the woman had to transfer all her assets to her husband. Therefore, when the separation occurred, the woman was left helpless and had no option of working to ensure her livelihood.

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With this in mind, in 1916, with the enactment of the Civil Code, the Property Regime was established, which provides for 4 types of contract, namely: the dotal regime, partial community of property, total separation of property and universal community of property, which was chosen as the official regime.

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However, as time went by and women's participation in the workplace grew, there was a need to change the Brazilian Civil Code again. In 1977, the official property regime became partial communion, which is still in force in our society today.

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Is it worth getting married under a total property regime?

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The Universal Property Regime is in constant disuse in modern marriages. However, there are still people who consider the possibility of using this type of property regime in marriage.

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However, the advantages or disadvantages of using this type of contract depend directly on the couple's goals. It is important to note that this regime was based on a patriarchal society, where women needed to ensure their livelihood during separation, since they could not generate income through work.

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Today, women already have the ability to produce their own assets, and therefore, it is not always advantageous to carry out the universal division of assets.

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This happens because, if a divorce occurs, both parties will have the right to what was built before the marriage, except for the assets that were left as an incommunicable gift.

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Therefore, currently, the traditional model of community property is the partial regime, considering the demands of current Brazilian society. Therefore, in order for you and your spouse to change this regime, you must request a contract under the universal community property regime, total separation or dot property regime.

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Do you want to understand a little more about the best property regime for marriage and how both parties involved can protect themselves in a possible separation? Then get in touch with the experts at Citas and learn more about the subject!

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