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PropCalc›Matrimonial Regime Calculator🇵🇹 🇪🇸 🇩🇪 🇫🇷 🇬🇧 🇺🇸
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Matrimonial Regime Calculator

Understand who owns what in your marriage and how each matrimonial regime affects property division on divorce.

Common Law (Equitable Distribution)

Default in most US states. Each spouse owns what they earn/buy. At divorce, courts divide marital property 'equitably' (not necessarily equally).

Properties to Analyse

Division Result

Spouse A — $325,000Spouse B — $175,000
65.0%35.0%
Jointly Owned Assets
$0
Spouse A's Own Assets
$325,000
Spouse B's Own Assets
$175,000
Spouse A receives
$325,000
own: $325,000 + half of common: $0
Spouse B receives
$175,000
own: $175,000 + half of common: $0
DescriptionValueCommonAB
Family Home$350,000—$175,000$175,000
Inherited Apartment$150,000—$150,000—
Total Estate: $500,000$500,000$0$325,000$175,000
Tax Note: In England & Wales, transfers between spouses on divorce are generally exempt from Stamp Duty Land Tax (SDLT) and Capital Gains Tax (CGT) if done pursuant to a court order. Seek legal advice for your specific situation.

About This Calculator

This calculator helps prospective property owners in Portugal understand the implications of different matrimonial regimes on real estate ownership. By comparing 'Comunhão de Adquiridos', 'Separação de Bens', and 'Comunhão Geral', it empowers individuals and couples to make informed decisions about how their property assets will be treated during marriage, separation, or inheritance, which is crucial for financial planning and asset protection.

Methodology Details

1

Select Your Matrimonial Regime

Choose one of the three primary Portuguese matrimonial regimes: Comunhão de Adquiridos (Community of Acquired Property), Separação de Bens (Separation of Property), or Comunhão Geral de Bens (Community of All Property). This selection dictates the default legal framework for property ownership within your marriage.

2

Input Pre-Marital Assets

Enter the value of any real estate or other significant assets each spouse owned individually before the marriage. This is particularly relevant for the 'Comunhão de Adquiridos' and 'Separação de Bens' regimes, as these assets typically remain separate property.

3

Input Assets Acquired During Marriage

Provide the value of real estate or other assets acquired by either spouse during the marriage, including those purchased jointly or individually. This input is critical for understanding how 'Comunhão de Adquiridos' and 'Comunhão Geral de Bens' affect shared ownership.

4

Consider Gifts and Inheritances

Specify any real estate or significant assets received by either spouse through inheritance or donation during the marriage. Under 'Comunhão de Adquiridos', these are generally considered separate property, while 'Comunhão Geral de Bens' might include them depending on specific clauses.

5

Analyze Ownership Implications

Review the calculator's output, which will detail the ownership structure of your combined assets under the chosen matrimonial regime. This includes identifying what constitutes common property versus separate property, and the implications for management, sale, and division in various scenarios.

Worked Example — Austin, Texas, United States

For a $360,000 home in Austin, Texas, United States, document ownership shares, mortgage balance and local transaction costs.

  • →Enter the current property value, debt and each party's legal or economic contribution.
  • →Use the calculator to make the allocation or buyout assumptions visible.
  • →Obtain independent legal advice before an agreement or court filing.

The result is an educational negotiation scenario and does not determine legal rights.

Additional Questions

How It Works

The calculator classifies each property as common or own asset according to the selected matrimonial regime and the acquisition date relative to the marriage date.

  • Community of acquests: assets acquired during marriage are common; pre-marital and inherited assets remain own.
  • Separation of assets: each spouse always keeps their own assets regardless of when acquired.
  • Full community: all assets, including pre-marital and inherited, are common.

Frequently Asked Questions

Can I change my matrimonial regime after marriage?

Yes, in most countries you can change your matrimonial regime by notarial deed. The change only affects future acquisitions, not existing assets.

What are 'tornas' (equalization payments)?

Equalization payments are cash payments made by one spouse to the other to compensate for receiving assets worth more than their share. For example, if one spouse takes a €200k property in a €300k total split, they pay €50k to the other.

Is there stamp duty exemption on divorce property transfers?

In England & Wales, transfers of property between spouses pursuant to a court order on divorce may qualify for SDLT and CGT relief. Rules vary by jurisdiction and facts; verify with a solicitor.