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Divorce - Universal Communion of Goods

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10/17/2017 10:58 EST

Hi all,

I was married in Brazil under the universal communion of goods regime. Fortunately or unfortunately the marriage is ending. During the marriage my spouse lost her mother. The family home was title in the name of her parents at her mother's death. After the probate ruling she is now the owner of a 1/6th interest in the home. She is arguing that her interest in the home is not divisible in the divorce because her father can take back the interest- in effect is not a vested interest. She says that there is a law to this effect. I have looked but have found nothing. I have seen the probate law that gives the necessary heirs a portion of the estate which is what she received. Is this true, or is she just trying to shield the property?

Any insight would be much appreciated.


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12/23/2017 13:31 EST

Don’t be a jerk...the House was left to HER not both of you, it’s separate property. Anything that is given as an inheritance is separate property.

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