If you are getting married in Portugal, understanding the property regimes is crucial. These regimes constitute a set of rules that determine the ownership of assets between spouses, and it is an essential decision to reflect on, as it will greatly impact your finances, either as an individual or as a couple.
If you’ve been wondering what Property Regime is more adequate to your situation, this post is for you! Keep reading to find out what the three main marital property regimes in Portugal are, as well as their distinct rules.
You can also check our other posts on this topic to discover what the preliminary process of marriage is like in Portugal, and how a Prenuptial Agreement works and relates to these regimes.

Property Regimes in Portugal

Joint Ownership of all Property – Comunhão Geral de Bens

In this regime, all assets, whether acquired before or after marriage, are owned by the couple jointly. Only certain personal items remain individually owned:
⦁ Clothing and personal use items
⦁ Pets adopted before marriage
⦁ Personal compensations
⦁ Individual rights
⦁ Inheritances or donations with specific clauses
⦁ Certificates, correspondence and family memorabilia with minimal monetary value
This regime requires a prenuptial agreement, and it cannot be chosen if either party has children from previous relationships, even if they are emancipated or older than 18.

Separation of Property – Separação de Bens

• Under this regime, no assets are automatically shared, with each person retaining ownership of their pre-marriage and post-marriage acquisitions. Common assets must be purchased under a co-ownership agreement.
• This regime requires a prenuptial agreement, and it is mandatory if either party is over 60 years-old at the time of marriage, or if the marriage is conducted under exceptional circumstances without prior verification from the Civil Registry. Even under this regime, the surviving spouse has the right to inherit the deceased partner’s share.

Joint Ownership of Property Acquired after Marriage – Comunhão de Bens Adquiridos

This is the default regime if no other is selected, and the one most couples opt for in Portugal. In this regime, only assets acquired after marriage are jointly owned (except for inheritances, donations and salaries). Pre-marriage assets remain individually owned.
For example, if a car was owned by one of the parties before marriage, it remains the individual’s property; if it was purchased after marriage, it is jointly owned. If there is a compensation that is received after marriage but refers to a pre-marriage event, it will still belong to the individual.

Custom Regime

Couples can create a custom property regime by combining features from other regimes, as long as it complies with the limits of the Law. This also requires a prenuptial agreement.

Choosing the right Property Regime is a significant decision for couples planning to marry in Portugal. Because of that you should be informed of the available possibilities and discuss them to decide which is better. If necessary, consider seeking legal advice to make sure you make the best choice for your circumstances!