What is total separation of assets?

Knowing what total separation of assets is, one of the ways of sharing assets at the time of divorce , should be a concern for anyone thinking about getting married .

This is because although no one wants to think about this at the time of the union, lawyers and jurists in general always advise couples to anticipate these issues.

At the time of divorce, if it happens, the process is much smoother when these issues are already agreed upon by the couple.

Well, to better understand what total separation of assets is, let's find out what the sharing regimes are and how they work.

You will also learn what the situation is in cases of stable unions and when the union is between a same-sex couple.

Property regime

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In practice, the property regime indicates how the couple will divide the assets acquired – before and after marriage – at the time of separation.

In all cases, it is necessary to seek a notary's office to register the choice and, sometimes, a Notary Public.

Stable union

It is important to say that, both in marriage and in a stable union , it is necessary to register at the notary's office the couple's wishes regarding the model of the property division regime.

However, if it is not registered at the time of dissolution , the regime considered is that of partial community of assets, which you will find out how it works below.

Homosexual couples

And what happens when the couple is made up of people of the same sex? Well, nothing changes! For the law, regardless of gender and sex, the rules are the same.

Partial communion of property

This is the most popular form of sharing of property. In the case of partial community of property, everything acquired after marriage belongs to both parties, regardless of who bought it or in whose name it was registered.

The division is equal and does not include what already belonged to each person before the marriage. Inheritances and donations, which are private possessions, are also not included.

Total or universal communion of property

Quite similar to the previous regime, the difference is that in this type of sharing the couple will divide all of their assets equally, regardless of the period of acquisition.

Thus, after the divorce , in this case, everything that belonged to both will be shared “in half”, even what already belonged to each of the spouses before the marriage.

Total separation of assets

And we come to the total separation of assets. In this case, each person “leaves with what they entered”, to put it more simply.

Thus, the assets of each spouse are listed at the time of the union, as well as during the marriage .

In the event of a divorce, the assets will be handed over to those who acquired them, remaining private to each person.

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We hope this article has made this topic clearer for you! To read more articles like this, be sure to visit our blog!

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