{"id":25740,"date":"2022-06-24T14:37:02","date_gmt":"2022-06-24T11:37:02","guid":{"rendered":"https:\/\/valorizei.com\/?p=25740"},"modified":"2025-08-19T18:39:17","modified_gmt":"2025-08-19T15:39:17","slug":"dividas-contraidas-antes-do-casamento","status":"publish","type":"post","link":"https:\/\/valorizei.com\/en\/dividas-contraidas-antes-do-casamento\/","title":{"rendered":"Debts incurred before marriage: can the spouse be charged?"},"content":{"rendered":"

Are debts incurred before marriage considered the couple's responsibility?<\/strong><\/p>\n\n\n\n

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Can debts incurred before marriage be collected?<\/p>\n\n\n\n

Financial difficulties and debt during marriage have always been a cause for concern, especially now that the number of families in debt is increasing.<\/p>\n\n\n\n

To understand how the spouse's financial liability works in this matter, it is essential to understand how the laws work for contracting debts during a stable union.<\/p>\n\n\n\n

With that in mind, in today\u2019s article, we\u2019ll talk more about the subject. Enjoy your reading!<\/p>\n\n\n\n

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Incurring debt during marriage<\/strong><\/h2>\n\n\n\n

Debts acquired during the marriage must be divided between the spouses.<\/strong><\/p>\n\n\n\n

Nonetheless, it will be necessary to prove these expenses,<\/a> with bills and invoices, for example, that demonstrate that the origin of the charge is related to family expenses.<\/p>\n\n\n\n

This includes common expenses, such as electricity, water, telephone, school, rent and condominium fees.<\/p>\n\n\n\n

The division of these debts incurred during the marriage is carried out in accordance with the property division regime, which was defined by the couple even before the marriage.<\/p>\n\n\n\n

If you do not have a prenuptial agreement, what will apply is partial community property, that is, dividing what was acquired onerously after the marriage.<\/p>\n\n\n\n

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How does it work for debts incurred before marriage?<\/strong><\/h2>\n\n\n\n

This is a very common question among couples.<\/strong><\/p>\n\n\n\n

After all, the debts incurred<\/a> before marriage, become a responsibility of both?<\/p>\n\n\n\n

In fact, this type of debt cannot be considered the couple's responsibility.<\/p>\n\n\n\n

In fact, even debts assumed during the marriage are only reflected in the spouse's assets if they benefit the family.<\/p>\n\n\n\n

Inherited or donated assets that were acquired before the union will not be included in the debt collection.<\/p>\n\n\n\n

Furthermore, families that have a single property and assets that are used for work will be included in the exceptions.<\/p>\n\n\n\n

For more information, you can consult the company website Galvao & Silva Law Firm,<\/a> website from which this information was taken.<\/p>\n\n\n\n

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Who gets the debts after separation?<\/strong><\/h2>\n\n\n\n

Debts incurred during the marriage are also included when dividing assets.<\/strong><\/p>\n\n\n\n

In this case, when we are talking about debts, we can mention financing, loans, credit cards, condominium debts, among others.<\/p>\n\n\n\n

The situation also applies to debts acquired by only one of the parties, but which are family income.<\/p>\n\n\n\n

But for debts that were acquired in isolation to be characterized as being in favor of the family and beneficial to the spouse, it is important to prove this condition.<\/p>\n\n\n\n

In any case, it must be made clear that the presumption of common benefit from financial disputes is not always absolute, and therefore depends on the analysis of each case.<\/p>\n\n\n\n

Source: Accounting Journal<\/p>\n\n\n\n

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Exceptions to collection for spouse's debt<\/strong><\/h2>\n\n\n\n

In the partial community property regime, debts that were incurred before the couple were created are not considered a responsibility of both parties.<\/strong><\/p>\n\n\n\n

In fact, as already explained, even debts acquired during the union will only impact the spouse's financial assets if they are used for the benefit of the family.<\/p>\n\n\n\n

Assets originating from inheritance or donation, or which were proven before the marriage, will be included in the collection of financial debts.<\/p>\n\n\n\n

This exception also applies when the family owns a single property or assets used for the profession, such as a car, for example.<\/p>\n\n\n\n

Regarding the couple's joint savings, it can be used to settle financial debts of one of the parties, as long as the amount is greater than 40 minimum wages.<\/p>\n\n\n\n

If it is below that, the savings will not be used to pay off debts.<\/p>\n\n\n\n

In marriages with separation of assets, the spouse who is in debt is responsible for paying it off without using the spouse's assets.<\/p>\n\n\n\n

Source: examedaoab.jusbrasil<\/a><\/p>\n\n\n\n

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Property regime: what are they and how do they work?<\/strong><\/h2>\n\n\n\n

The property regime is the set of rules regarding the disposal of a couple's assets.<\/strong><\/p>\n\n\n\n

The main property regimes are:<\/p>\n\n\n\n

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Partial communion of property<\/strong><\/h3>\n\n\n\n

It is one of the most common types of regimes in our country.<\/p>\n\n\n\n

Basically, it means sharing in equal proportion, that is, the assets that were acquired after the marriage.<\/p>\n\n\n\n

According to the Civil Code \u2013 Law 10406\/02 | Law no. 10,406<\/a>, if there is no express choice by the spouses, this is the regime that will prevail.<\/p>\n\n\n\n

It is important to remember that this is the regime adopted in cases of stable unions.<\/p>\n\n\n\n

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Universal communion of goods<\/strong><\/h3>\n\n\n\n

In this case, the assets acquired prior to the marriage and during the union are divided entirely between the two.<\/strong><\/p>\n\n\n\n

This type of property regime was the default regime in the previous Civil Code. For this reason, it used to be the most common.<\/p>\n\n\n\n

However, even in the universal community of property, there are exceptions: assets received free of charge by one of the parties through donation or inheritance are not part of the couple's financial assets.<\/p>\n\n\n\n

Therefore, these assets, specifically, are not included in the division of assets, if the couple decides to divorce.<\/p>\n\n\n\n

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Total separation of assets or mandatory separation<\/strong><\/h3>\n\n\n\n

The assets belong to the spouse<\/a> who owns it.<\/p>\n\n\n\n

Therefore, in this type of regime, there are two assets, one for each spouse.<\/p>\n\n\n\n

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Extrajudicial divorce: what are the requirements?<\/strong><\/h2>\n\n\n\n

An extrajudicial divorce is carried out at the registry office, before the Notary.<\/strong><\/p>\n\n\n\n

In other words, it is different from a judicial divorce, which takes place before a judge.<\/p>\n\n\n\n

Extrajudicial divorce occurs when both parties agree. It was created 15 years ago (2017), precisely with the aim of facilitating separation.<\/p>\n\n\n\n

This makes the process easier, which avoids future expenses and, obviously, emotional stress for the former couple.<\/p>\n\n\n\n

As you can see, for the divorce to take place at the registry office, the couple must be in mutual agreement.<\/p>\n\n\n\n

Furthermore, there cannot be minor or incapacitated children, nor an ongoing pregnancy.<\/p>\n\n\n\n

It is also important to remember that it is necessary to hire a lawyer, who will help with the separation of documents.<\/p>\n\n\n\n

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Conclusion<\/strong><\/h2>\n\n\n\n

As you can see, debts acquired before marriage are not the responsibility of either party.<\/p>\n\n\n\n

For more information, it is essential to hire a specialized lawyer. This professional can answer all your questions regarding debts and the division of assets after divorce!<\/p>","protected":false},"excerpt":{"rendered":"

As d\u00edvidas contra\u00eddas antes do casamento s\u00e3o consideradas responsabilidade do casal? Ser\u00e1 que as d\u00edvidas contra\u00eddas antes do casamento podem ser cobradas? As dificuldades financeiras e o endividamento durante a o casamento sempre foram motivo de preocupa\u00e7\u00e3o, principalmente agora, que o n\u00famero de fam\u00edlias endividadas est\u00e1 aumentando. Para saber como funciona a responsabilidade patrimonial do… Continue reading<\/a><\/p>","protected":false},"author":21,"featured_media":25742,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_titles_title":"%%title%%","_seopress_titles_desc":"As d\u00edvidas contra\u00eddas antes do casamento n\u00e3o s\u00e3o consideradas responsabilidade do casal, tire suas duvidas sobre isso.","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"","_seopress_social_fb_desc":"","_seopress_social_fb_img":"","_seopress_social_fb_img_attachment_id":0,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"","_seopress_social_twitter_desc":"","_seopress_social_twitter_img":"","_seopress_social_twitter_img_attachment_id":0,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"","_seopress_redirections_param":"","_seopress_redirections_type":0,"_seopress_analysis_target_kw":"D\u00edvidas contra\u00eddas antes do casamento","footnotes":""},"categories":[7],"tags":[],"class_list":["post-25740","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-investimentos"],"_links":{"self":[{"href":"https:\/\/valorizei.com\/en\/wp-json\/wp\/v2\/posts\/25740","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/valorizei.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/valorizei.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/valorizei.com\/en\/wp-json\/wp\/v2\/users\/21"}],"replies":[{"embeddable":true,"href":"https:\/\/valorizei.com\/en\/wp-json\/wp\/v2\/comments?post=25740"}],"version-history":[{"count":9,"href":"https:\/\/valorizei.com\/en\/wp-json\/wp\/v2\/posts\/25740\/revisions"}],"predecessor-version":[{"id":41446,"href":"https:\/\/valorizei.com\/en\/wp-json\/wp\/v2\/posts\/25740\/revisions\/41446"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/valorizei.com\/en\/wp-json\/wp\/v2\/media\/25742"}],"wp:attachment":[{"href":"https:\/\/valorizei.com\/en\/wp-json\/wp\/v2\/media?parent=25740"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/valorizei.com\/en\/wp-json\/wp\/v2\/categories?post=25740"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/valorizei.com\/en\/wp-json\/wp\/v2\/tags?post=25740"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}