American married to Brazilian (in America) buying int Brazil

[LloydsBrasil]

Oi,

I'm an American who married a Brazilian 18 months ago. We are going to buy a house in Brazil but have not yet got married in Brazil. We plan on having a wedding down here but not until after the property is bought.

Obviously I would like to have my name on the property. What should I do?

 

[JMBroad]

Not sure I understand the question:

1) You want your name on the title deeds but not her name
All you need is a CPF number which takes around 1 hour to request (depending where you do it) and 48-72 hours to receive) to be able to put your name on the title deeds. As long as you do the title deeds before you get married (and as long as you have a pre-nuptial agreement (Brazilian) with her then you can have the title deeds in your name only. Still best to speak to a lawyer to check because if you don't specify which marriage you have I believe it's automatically a fully shared marriage (Comunhão Total de Bens) where even if you do the title deeds in your name only, once you are legally married in Brazil, she is automatically the owner of 50% of the property.

2) You want both names on the title deeds and not just hers
All you need is a CPF number which takes around 1 hour to request (depending where you do it) and 48-72 hours to receive) to be able to put your name on the title deeds along with hers.

 

[LloydsBrasil]

I see

I want both names on the title. We are actually splitting the finances 50/50 anyways. I was just wanting the property to be 50/50 legally to avoid any possible issues down the road.

From what you are saying I just need a CPF number and we should be good. No rushed Brasilian wedding needed....!?

Thanks for all of your help. Very excited to be living in Brasil half of the time.

One more question...

Will there be extra fees since I'm a foreigner even with marriage in America compared to being married in Brasil as well?

 

[JMBroad]

I want both names on the title. We are actually splitting the finances 50/50 anyways. I was just wanting the property to be 50/50 legally to avoid any possible issues down the road.

From what you are saying I just need a CPF number and we should be good. No rushed Brasilian wedding needed....!?

Thanks for all of your help. Very excited to be living in Brasil half of the time.

One more question...

Will there be extra fees since I'm a foreigner even with marriage in America compared to being married in Brasil as well?

Foreigners have the same property rights as Brazilians - the only thing the marriage will make a difference with is your visa status - as soon as you are married you are entitled to a residency visa whereas without one as an American citizen you'd need to apply for a visa before coming to the country (Europeans for example can just fly over and fill in the visa form on the plane).

Yes to have your name on the title deeds you just need a CPF number which is easy to get once you are here.

 

[mikesmith]

Hi
"Will there be extra fees since I'm a foreigner even with marriage in America compared to being married in Brasil as well?"

No extra fees in terms of your property purchase.Standard closing fees of 6% with 3%transfer tax and 3%notary fees for making and registering the deed(increase of 0.5%since April 2010)
Expect to pay an additional 5% in marine tax if you are buying a beachfront property.
Cheers,Mike

 

[LloydsBrasil]

i see

Thanks all for your assistance. Appreciated.

 

[DGM42]

I am not sure about marriage in the USA, but I married my brazilian fiancee in the UK in September. You do not then have to go to Brazil to get married (unless you want to).
In UK all you have to do is to go the Brazilian Embassy/Consulate and register the marriage there, it then legal and recognised in both countries. You will need a CPF which is easy to obtain. I