In Portugal, the treatment of properties in case of divorce depends on the property regime adopted in the marriage and the decisions made during the partition process. Here are the main points to consider:
Property Regimes
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Community of Acquired Property:
In this regime, assets acquired during marriage are considered common and, therefore, subject to partition. Assets acquired before marriage or by inheritance/donation are considered own property and do not enter the partition.
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Separation of Property:
Each spouse maintains ownership of assets acquired before and during marriage. Thus, in case of divorce, there is no partition of common property.
Partition of Assets
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Partition Process:
The partition of assets can be done by mutual agreement or, in the absence of this, through a judicial process. The process can occur in court or at a notary office, depending on the consensus between spouses.
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Family Residence:
If the house is common property, it can be sold and the value divided between spouses, or one of the spouses can acquire the other’s share. If the house is one spouse’s own property, that spouse generally keeps ownership, although the court may grant the right of habitation to the other spouse, especially if there are minor children.
Special Considerations
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Priority to Children:
The well-being of minor children is a priority. The spouse who gets custody of the children may have the right to continue living in the family residence until the children reach majority or complete their education.
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Mutual Agreements:
Spouses can reach an agreement on the division of assets, including the family residence. This agreement can be formalized at the Divorce with Partition Counter.
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Court Intervention:
In the absence of agreement, the court will decide on the partition of assets, considering factors such as the children’s needs, the spouses’ economic situation, and the circumstances of the divorce.
In summary, the partition of properties in case of divorce in Portugal is a process that can vary significantly depending on the marriage property regime and the specific circumstances of each case. It is advisable to seek legal advice to ensure that the process is conducted fairly and in accordance with the law.