Rights and Obligations in Community Property
- Piva Advogados
- Aug 21
- 3 min read
When talking about life as a couple, many people only think about the emotional side. But the truth is that family law has always dealt with the financial aspect of this union as well. And that is where the so-called property regime comes in, which defines how the couple's assets will be divided during their cohabitation and also in the event of separation or death.
For a long time, the general rule in Brazil was universal community property. This meant that all assets, both those acquired before marriage and those acquired afterwards, became the common property of the couple. In other words, there was no distinction: everything belonged to both, including the inheritance of one (unless otherwise specified).
With the change in the Civil Code, this rule was revised. As of 2002, the law began to adopt partial community property as the standard, which is considered more balanced. Under this regime, only assets acquired for consideration during the marriage or stable union become common property. Previous assets, donations, or inheritances received individually continue to belong to the person who received them.
Stable union: many live without realizing it
Today, it is common for couples to live together and start a family without formalizing their marriage. This cohabitation, when it is public, continuous, and with the intention of starting a family, characterizes the so-called stable union, which is already recognized by law.
The important detail is that, unless the couple signs a deed at a notary's office choosing another regime, the stable union automatically follows the rule of partial community property. In other words, the couple may not even realize it, but they are already subject to the same obligations and rights as a marriage under this regime.
Rights and obligations under community property
Among the main rights are:
Participation in accumulated assets: everything acquired for consideration during the union belongs to both parties, regardless of who paid for it (joint effort is presumed).
In the event of death, the surviving spouse or partner is entitled to half of the joint property and to inherit the separate property, as provided for in the Civil Code.
Social security and tax benefits: the couple is entitled to a death pension (where applicable), inclusion in health plans, and even the possibility of filing a joint income tax return.
Shared administration: the sale or donation of certain assets requires the consent of both parties, reinforcing the idea of asset communication.
But if there are rights, there are also obligations.
And the sharing of assets brings important duties:
Mutual contribution: each spouse must contribute to the maintenance of the family, whether financially, with domestic work, or by supporting the other.
Responsibility for family debts: debts incurred for the benefit of the family bind both spouses.
Respect for asset transparency: whoever manages the assets must act loyally and may be called upon to render accounts.
Although partial community property is the rule, the law allows couples to choose another property regime: such as universal community property, total separation, or final participation in acquisitions. This choice must be made by prenuptial agreement (in marriage) or public deed (in stable union). It is a decision that deserves attention, as it will define how the assets will be managed and divided.
The community of property, whether in marriage or civil union, goes far beyond emotional life. It organizes assets, establishes responsibilities, and protects the rights of each party. Knowing the rules of the regime is essential to avoid future conflicts and ensure legal certainty. After all, living as a couple also means sharing choices, achievements, and duties—in love and in financial life.
