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Married or Not?

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This topic contains 40 replies, has 13 voices, and was last updated by  aguadecocoverde 6 years, 3 months ago.

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  • #277199

    Steven
    Participant

    My wife’s ex-husband (vagabondo) eventually and after the divorce “shacked up” with a woman that he has since lived with for 10 years until she bailed out on him. My experience with Brazil is that “although gone” she is not forgotten.

    Here’s my question – Is this woman considered “common law” and is there danger that she will eventually show up and dip her finger into the asset inkwell of my wife’s ex-husband? He promises “everything” to his “bio kids” – my kids. My wife thinks that he will deliver on his promise and I believe that his “ex namorada” will try to skive her share. (Although frankly there’s not enough to make a difference. It’s simply a matter of principle).
    What’s the reality?
  • #277201

    Anonymous

    This is a new subject which I don’t recall has ever been posted in the forum. Thanks for bringing it up, Steven.
    Off the top of my head (and IANAL) I seem to recall that, in Brazil, she can claim part of his assets after two years of living under the same roof in a marriage-type relationship, even when he or she never formally married.

  • #277202

    Anonymous

    Luckily, I personally have no actual experience with this. As you’ve no doubt seen lots of times already, the judiciary in Brazil has quite a bit of discretion and tends to take the side of the “weak” part (o trabalhador, a mulher, os sem-teto, etc.) whenever the actual law is grey.
    The “vagabundo” really needs to look into this and protect himself, at least for the sake of the kids here.
    Anyone with any actual experience? Or knowledge of the law as well as any judicial decisions?
    (Edit: Had to split post in two, due to forum db still acting up)
    picolino2015-08-27 07:15:41

  • #277206

    agri2001
    Participant

    I can speak from a somewhat personal experience.

    I was dating a vagabunda, a few years back, and i was made aware that she had a lawsuit against an ex boyfriend.
    The guy was from the south of Brazil and was very well off. She had DATED him for about 18-20 months and when he had enough of her he threw her out.
    She in turn, the vindictive, money hungry, bitch that she was filed a suit against him wanting half of his money.
  • #277207

    agri2001
    Participant

    She had three of her friend testify on her behalf that they had been living together for the last 3 years (a lie) and the guys goose was cooked.

    When I found out about this I could not run away from her fast enough although I must admit that she was great in the sack
    Steven the answer is YES she can file and get half of his assets if they were living as common law for 10 years. The law in Brazil is 2 years to be considered a common law marriage.

    agri20012015-08-27 10:05:34

  • #277208

    agri2001
    Participant

    This is total bullsh*t that you have to split your messages in 2-3 parts in order for them to be posted.

  • #277211

    Deleted User
    Moderator

    [QUOTE=agri2001] …although I must admit that she was great in the sack.

    [/QUOTE]

    Oh, cursed penis, why haste thou not neither senseof sight, smell or shrewdness but instead seek any dank and soggy harbour tosate your traitorous appetite and at any cost.

    Esprit2015-08-27 14:42:33

  • #277219

    simple answer, stay away form shady people.

  • #277226

    Anonymous

    I want to say that recently (last couple years) that period of time was reduced from 3 years to something absurd like 6 months. Would probably be worth purchasing an hour of a lawyer’s time to find out for sure.

  • #277228

    Deleted User
    Moderator

    Steven it’s awfully easy to fall into the trapof being excessively partisan or biased in a situation such as yours, particularlywhen the balance of evidence is likely hearsay. Your wife’s first marriagefailed for whatever the countless reasons that too many marriages disintegrateinto conflict and antagonism. That happenstance was your good fortune when,like a phoenix, you harvested a new life, love and family. [end pt. 1]

  • #277230

    Deleted User
    Moderator

    [pt.2] Hell has no fury as a woman scorned andso concern about ex-husbands assets seems to be a preoccupation by possiblyboth the women in his life when, like involuntary vultures picking at acarcass, he cannot satisfy both until they eat his clothes. I’d move on fromthis rancid pound of flesh.

  • #277231

    Steven
    Participant

    [QUOTE=3casas]I want to say that recently (last couple years) that period of time was reduced from 3 years to something absurd like 6 months. Would probably be worth purchasing an hour of a lawyer’s time to find out for sure.[/QUOTE]

    Thanks, 3C. At any rate, if this guy was living with her for 10 years, she can and probably will, put her hooks into his meager assets when he checks out if not sooner.
  • #277258

    Steven
    Participant

    Sadly, my gentle wife allows him to keep spouting noise about how he will “give the apartment to the kids” when, in reality the various wives and kids that he’s left behind will swoop in like vultures to pick the bones – probably before he dies and certainly before he does anything other than talk about it. Truly it isn’t worth anything anyway. It’s just that my ears are starting to hurt.

  • #277278

    Finrudd
    Participant

    I think it’s six months now too. Also, changing your FB status to ‘married to <insert name of FB partner here> seems to concrete it even further! My caseiro’s new ‘wife’ married him in her Facebook relationship status the day she moved in. He’s screwed.

  • #277280

    Deleted User
    Moderator

    It’s not difficult to suspect from where this quasimarriage scam entitling property rights comes from.

    http://www.bbc.com/news/world-africa-34059556Esprit2015-08-29 16:55:21

  • #277284

    stop worrying about others and worry about yourself. if you worked hard and retired to brasil in good standing you have nothing to worry about. honestly, this is such a strange question. it’s lke asking what will my ex wife’s husband’s brother do about his wife’s house on the hill and her kids? jeeeez comon bro!

  • #277341

    abrechtel1
    Member

    i read somewhere Confuseda coupla years ago, pre nups aint legal here. anyone?

  • #277351

    sven van ‘t Veer
    Participant

    [QUOTE=3casas]I want to say that recently (last couple years) that period of time was reduced from 3 years to something absurd like 6 months. Would probably be worth purchasing an hour of a lawyer’s time to find out for sure.[/QUOTE]

    There is no minimum time for a união est√ɬ°vel to form.
  • #277363

    prenups are a joke in brasil, not enforceable at all and for a gringo … kkkk

  • #277376

    Anonymous

    A prenup isn’t really needed if you choose to get married under the option of “Separa√ɬßão absoluta ou total de bens” rather than “Comunhão parcial de bens” which is by far the most common among of us foreigners who married Brazilians.

  • #277378

    Anonymous

    The difference:

    Comunhão parcial de bens – todos os bens adquiridos a t√ɬ≠tulo oneroso ap√ɬ≥s a realiza√ɬßão do casamento pertencem igualmente ao casal, mantendo-se incomunic√ɬ°veis os bens adquiridos antes do casamento, e, mesmo ap√ɬ≥s a vig√ɬ™ncia do casamento, os bens recebidos com cl√ɬ°usula de incomunicabilidade, os provenientes de doa√ɬßão gratuita, heran√ɬßa e os bens incomunic√ɬ°veis que forem sub-rogados.
    Separa√ɬßão absoluta ou total de bens – não h√ɬ° compartilhamento de bens passados e futuros, sendo cada um dos nubentes titular √ɬ∫nico dos bens colocados em seu nome.

    (EDIT: Please fix forum so we don’t have to split posts into multiples.)
    picolino2015-09-03 11:35:54

  • #277405

    sven van ‘t Veer
    Participant

    [QUOTE=j.locker]prenups are a joke in brasil, not enforceable at all and for a gringo … kkkk[/QUOTE]

    Bull.
  • #277406

    sven van ‘t Veer
    Participant

    [QUOTE=picolino]A prenup isn’t really needed if you choose to get married under the option of “Separa√ɬßão absoluta ou total de bens” rather than “Comunhão parcial de bens” which is by far the most common among of us foreigners who married Brazilians.[/QUOTE]

    A prenup is obligatory if you marry under any other regime than “comunhão parcial de bens”. If you get married “separa√ɬßão de bens” and have no prenup, the marriage defaults to “comunhão parcial”.
    If you got married “separa√ɬßão de bens” and have no prenup, you’re screwed.
  • #277408

    Anonymous

    I stand corrected (but then again, I –like most– married under the normal “Comunhão parcial de bens”.)

  • #277416

    Andrewfroboy
    Participant

    My wife received an inheritance when her mom (separated from her dad) passed away, she was telling me that if she were to die her dad would get that inheritance and not me, what a crazy country.

  • #277418

    Deleted User
    Moderator

    [QUOTE=andrewfroboy]My wife received an inheritance when her mom (separated from her dad) passed away, she was telling me that if she were to die her dad would get that inheritance and not me, what a crazy country. [/QUOTE]

    Well I can get my head around that when downthe rabbit hole: The mother, father and daughter are all √¢‚ǨÀúblood related.’ You,on the other hand, just happen to be the current son-in-law. Of course, if youhave children that would add a dilute blood relationship that would possiblyconfuse the hell out of the legal system and defy sanity and logic.

  • #277428

    [QUOTE=sven][QUOTE=picolino]A prenup isn’t really needed if you choose to get married under the option of “Separa√ɬßão absoluta ou total de bens” rather than “Comunhão parcial de bens” which is by far the most common among of us foreigners who married Brazilians.[/QUOTE]

    A prenup is obligatory if you marry under any other regime than “comunhão parcial de bens”. If you get married “separa√ɬßão de bens” and have no prenup, the marriage defaults to “comunhão parcial”.
    If you got married “separa√ɬßão de bens” and have no prenup, you’re screwed.

    [/QUOTE]

    sven’s typical one liners to gain business and confuse.
  • #277434

    Steven
    Participant

    Locker – you only have 11 posts. How do you know what would be Sven’s typical one liners? In fact, over the years he’s given a lot of great free advice on this Forum and saved the members a boatload of money in legal fees.

  • #277436

    Deleted User
    Moderator

    I fear we may be at the early stage in thelife cycle of a zit: at this stage, a little tingle and minor blemish yetpromising a near future eruption. A newbie by name but a hardened veteran bynature and undoubtedly a reincarnation of a previous self from way back when Borisgraced these pages. Only time will tell if this born again member will informor entertain and not be adjudged an inarticulate attention seeking detractor.

  • #277437

    Deleted User
    Moderator
  • #277442

    Silpy Gomden
    Member

    Esprit, I must say that I exceedingly appreciate your succint way with words in responding to patently obnoxious posts.Wink

  • #277443

    [QUOTE=Steven]Locker – you only have 11 posts. How do you know what would be Sven’s typical one liners? In fact, over the years he’s given a lot of great free advice on this Forum and saved the members a boatload of money in legal fees.[/QUOTE]

    lawyers are good and bad. unfortunately we need lawyers, however i think they are mostly blood sucking vampires out to cause havoc. families ruined, people died, children forgotten, unjust alimony, unjust chid support and in the end children suffer…all because of lawyers.
  • #277444

    Serrano
    Participant

    [QUOTE=Steven] Locker – you only have 11 posts. √Ǭ†How do you know what would be Sven’s typical one liners? √Ǭ†In fact, over the years he’s given a lot of great free advice on this Forum and saved the members a boatload of money in legal fees.√Ǭ†

    [/QUOTE]
    +1! Our honorable ‘in house’ attorney has proved helpful to me numerous times, pro bono. I once offered to pay a retainer, and he declined. The zit Esprit referred to is the same axe grinder that appears here on a regular basis, seeking to create distractions. A time waster.

  • #277465

    why dont ya go back to helping your gardener’s daughter go to college mr cheapskate?

  • #277466

    sven van ‘t Veer
    Participant

    [QUOTE=andrewfroboy]My wife received an inheritance when her mom (separated from her dad) passed away, she was telling me that if she were to die her dad would get that inheritance and not me, what a crazy country. [/QUOTE]

    Not true.
    The inheritance does not “communicate” during the wedding, e.i., if you divorce, you won’t get part of what she inherited, BUT, if she dies, you inherit an equal part of that “bem particular” with your kids. If you don’t have kids, her mom gets an equal share as you.
  • #277467

    sven van ‘t Veer
    Participant

    [QUOTE=j.locker][QUOTE=sven][QUOTE=picolino]A prenup isn’t really needed if you choose to get married under the option of “Separa√ɬßão absoluta ou total de bens” rather than “Comunhão parcial de bens” which is by far the most common among of us foreigners who married Brazilians.[/QUOTE]

    A prenup is obligatory if you marry under any other regime than “comunhão parcial de bens”. If you get married “separa√ɬßão de bens” and have no prenup, the marriage defaults to “comunhão parcial”.
    If you got married “separa√ɬßão de bens” and have no prenup, you’re screwed.

    [/QUOTE]

    sven’s typical one liners to gain business and confuse.

    [/QUOTE]

    I see 2 lines.
  • #277468

    sven van ‘t Veer
    Participant

    [QUOTE=Esprit]

    I fear we may be at the early stage in thelife cycle of a zit: at this stage, a little tingle and minor blemish yetpromising a near future eruption. A newbie by name but a hardened veteran bynature and undoubtedly a reincarnation of a previous self from way back when Borisgraced these pages. Only time will tell if this born again member will informor entertain and not be adjudged an inarticulate attention seeking detractor.

    [/QUOTE]

    Like this?
  • #277476

    Deleted User
    Moderator

    Married or not here’s a graph that’s come along too latefor most of us: https://www.youtube.com/watch?v=hKWmFWRVLlU

  • #277481

    you married guys does your wife get emotional every 30 days? rsrsr

  • #28644

    danpatel
    Member

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