Wife's name change on Brazilian property required?

Discussion in 'Brazil Property' started by Malanko, May 16, 2011.

  1. Malanko

    Malanko New Member

    Ok.. a little back info. I have been married to a Brazilian national, now dual citizen for eight years and we are planning on retiring in Sao Paulo. She is the title holder (in her Birth Name) on her mothers home. We are not legally married in Brazil although i plan to bring our documents down on the next visit and get this resolved.

    When i get my Marriage legalized in Brazil will my wife need to change her name on the title to that property? My Mother in Law is planning on moving soon, how soon i am not sure. I would like to get my permanent Visa and CPF and begin purchasing property to prep for my retirement. I wouldn't think that she needs to change the title at all but she says her mother insists we wait until she has sold that property and purchased another so she doesn't have to pay multiple fees for changing the name. I just don't know how long that will be and i want to start buying property ASAP.

    Does anyone have a clear understanding of Brazilian property laws or know if the name chage on the title is required as soon as our marriage is legalized in Brazil?

    Thank you!
     
  2. debzor

    debzor New Member

    Hi Malanko

    This is difficult to answer directly as it depends on your circumstances and plans. Basically you have 2 options:

    1/ If your wife still has her Brazilian CPF, ID, etc, in her maiden name, and you are planning to sell the propertry soon, then leave it as it is and tell no one! She can use these to sell the house in her old name.

    2/ If she does not, or if you plan to keep the house, or you need to 'use' the marriage to get a visa, then you will have to change over her name on the house docs. She will need to get the marriage legalised here in Brazil, then change all her paperwork to her married name, then visit the notary to register her name change.

    If you do not do one of these, then she will have a problem when you do want to sell. Remember to get your US marriage certificate legalised at a Brazilian Consulate in the US before you leave. It will also have to be officially translated here.
     
  3. Malanko

    Malanko New Member

    Debzor,

    If i go the second route and change her name officially how much of a hassle is that? Also, will there be any outrageous fees required to change the documents?

    She does still have her current CPF and Brasilian Passport all in her Maiden name but i would like to get the marriage legalized in Brasil so i can get my CPF, Permanent Visa and Open a Bank Acct.

    One more question. Is it better to transfer the money to a bank acct opened in Brasil or bring money down in Traveler Cheques or some other method each time i go?

    Thank you for your fast reply!
     
  4. debzor

    debzor New Member

    Bureaucracy is always a hassle in Brazil! To change the record of her name is not expensive, and happens all the time here - just go to the notary that wrote the escritura, with copies of your marriage certificate, etc, and pay the fee.

    You also need to consider how you are going to record your marriage in Brazil - there are 3 ways to get married in Brazil, and each affects property ownership in a different way. It may be that you also will have to sign when you sell, even if it is in her sole name...

    Travellers cheques are quite rare here, and do not get exchanged at a good rate. Deposit a bit of cash to open the account, then transfer from your bank. Again there are many ways to do this, and it all depends on your personal circumstances. Talk to your Brazilian bank as well - they all seem to have different requirements.

    I am sure you are aware you can easily get a CPF number when here - you do not need a visa, nor be married. But you will need a permanent residency visa to open a bank account.
     
  5. surfingbrazil

    surfingbrazil New Member

    No capital gains if reinvested whitin 180 days


    Hi Malanko,

    As Debzor points out you have several options and you will have to peruse several legal documents to see what becomes more advantageous for you both.

    However I would like to bring your attention to one particular issue.

    Under current Brazilian law if a resident o Brazil ( both Brazilian and foreing but resident) sells a residential unit and reinvest the proceeds within 180 days in another residential property in Brazil, there is no capital gain tax at all.

    This could be done once every 5 years.
    This rule does not apply to entities or legal persons.

    Thus, it is relevant to study and plan your timetable carefully.

    Good luck !
     
  6. Malanko

    Malanko New Member

    Thank You!

    Debzor/SurfingBrazil,

    Thank you! You have been a great help! I know my Mother in Law is looking for a property but i don't want to force her to move somewhere too early and be dissatisfied with the move so i will definitely have to plan!

    Now i will just have to figure out what i will do when i move down there besides going to the beach and drinking with my cousin in law.
     
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