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In recent times, the multimillion-dollar imbroglio involving the mansion of the former couple Katy Perry and Orlando Bloom has raised doubts about the partition of properties in a separation.
The court fight is with the former owner of the property, and has nothing to do with the end of the relationship, which seems to have been amicable between the singer and the actor. For now, there are no signs of an asset dispute between the two, but twists and turns happen in separation proceedings – and they can strongly affect the assets of each one.
InfoMoney spoke with specialists about some of the doubts that most commonly arise when the subject involves real estate and separation. See below the main points that were highlighted.
Relationship between the property regime and the partition of properties in a separation
Lina Irano Friestino, of Lassori Advogados, observes that the property regime chosen in the marriage or stable union is decisive in the divorce proceeding, and explains the effects that each of them has on the assets:
Partial community of property: it is the most common regime, in which all properties acquired onerously during the marriage are communicated and are divided equally between the spouses in the event of divorce.
Universal community of property: in this case, all assets, prior or subsequent to the union, are divided in full, regardless of who acquired them or when.
Total separation of property: each spouse remains the owner only of what is in their name, regardless of when the asset was acquired.
Final participation in the acquired assets (aquestos): during the marriage, each spouse has their own assets and administers them freely. But at the moment of divorce, each one will be entitled to half of the assets acquired onerously during the union. In other words, we have total separation during the union and partial separation at the moment of dissolution.
Right to the residential property
The decision will depend on each context, explains Lina Friestino. For example, when there are minor children, the judge may prioritize the use of the family property by the one who holds custody, and this does not alter the ownership of the asset.
“But if there are no minor children and if the couple has not adopted total separation of property, they may sell the property and divide the amount by common agreement, or one may keep the asset and pay the portion owed to the other. And, if there is no agreement, it will fall to the judge to assess the circumstances and define the destination of the property,” concludes Lina.
Properties abroad
The partition of properties in a separation also includes assets abroad, and the legal proceeding must take place in the country where they are located, says Lina Friestino.
“In this situation, it will fall to the former couple to take the legal measures in the foreign country in order to carry out the partition, since Brazilian legislation respects the so-called ‘law of the place where the asset is situated’,” she explains.
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