Divorce Brazil

12/25/22  @pug051423.  If a divorce is friendly and uncontested in Brazil, the couple can now do it at a cartório, without the need to go to court.  The agreement on distribution of property ("comunhão de bens") that you signed at the time of your marriage should determine how much you owe your wife; the mortgage may be a complication, as well as the fact that you seem to have been her sole support for the past five years.  In your place I would engage a Brazilian attorney to ensure that my interests were safeguarded in any agreement, even with a cartório divorce.

If your wife contests the divorce you may end up in court, unless your attorney can negotiate a better solution.

Aside from the ethical question involved in just ghosting on your wife, most countries today recognize the validity of each others' marriages, whether the couple goes through the process of re-registration or not.  At the very least, before you make up your mind to do that you should discuss your plans with a lawyer in your country to determine your exposure under Hong Kong/Chinese law from walking away from a valid foreign marriage, particularly any exposure to a bigamy charge if you find later that you want to marry again.

Thanks for your advices. Can a Brazil lawyer works on behalf of me just by “power of attorney” if i am outside BR? I do not have CPF/ RNE/ CRNM/ RNM. I just don’t want to travel back and forth to resolve this problem.

12/25/22 Thanks for your advices. Can a Brazil lawyer works on behalf of me just by “power of attorney” if i am outside BR? I do not have CPF/ RNE/ CRNM/ RNM. I just don’t want to travel back and forth to resolve this problem.
-@pug051423

If you know a Brazilian lawyer that you trust and with whom you already have a relationship, s/he could represent you on the basis of a Power of Attorney; the lawyer could tell you what documents were necessary.  It would not be a good idea to contract a stranger at a distance for this type of work.

Not being an attorney...

1.Alimony is Pensao Alimenticia. Not having a child borne out of your legal union, you owe zero regarding to this civil obligation. There is no child custody and bearing, hence no alimony.   

2.Otherwise,  there is a joint agreement called a marriage, if one  was consumated with with "comunhao de bens" (marriage in community of property ) , so that means, what's yours is hers, after the marriage was consumated.  Being yourself the sole provider (arrimo de familia) does not alter the status of joint ownership. If anything, it makes it worse.

On #2, you would need to see how much equity against the lender  is in the apartment.  If there is a considerable amount owed to the bank, she might drag feet to have you pay for the remainder of the tender.

If you can walk away with no "going forward " obligations, then , even if losing on the apartment and car, you done well, "for as long as she can pick up the mortgage payments". Personally, I much doubt she will honor the loan covenants, and if you signed the loan papers, then it's on you.  She might as well end up as a squater.

No, don't walk away with unfinished business.  The freedom to come and go is something you should cherish.

You will need an attorney ( specialized in Vara de Familia  and Divorces, mind you ) to...

1.Make sure there is an agreement that can be held up in family court

2.That is if you can transfer the mortgage, and as such it will go through with the banks, thus transferring loan liability to her name ( and it is assumed you will relinquish equity as well then ), and subsequently reliving you off mortgage payments going forward.

A R$ 140,000 outstanding note does not read like a huge stakehold, more like some HUD housing ( no offense  intended ), so it appears from the outset, might not have the means to pursue your earnings any further,  such as to dock your payments overseas, going through motions of discovery, etc.

Your local Brazilian attorney, for most part, does not have the means to pursue this cases. and if he done so, it would take a large upfront retainer fee.  It takes to hire a decent firm, which i doubt she can afford, to seek compensation at your expense. 

Again, again, and again, tidy it up your legal trifles on your way out. 

@pug051423 Did you have a cpf at some point? I thought you would need one to buy property here.  I guess the best thing would be to take a short trip to meet a lawyer and go from there.

If you don't have an RNE or CPF or a bank account, you certainly can't get a loan from a Brazilian bank so the apartment is likely only in your wife's name.  If it's only in her name, you could maybe go after her for your share, but why bother on something that inexpensive if you really want to get out of the marriage. I do not know how your country works or where you are from, but in many cases, you have to legitimize your Brazil marriage in your home country. If you really plan on leaving and never returning, then why not just leave the house and car and go on with your life? If your marriage was not legitimized in your home country, you may not be considered married there. Of course it would be much cleaner to just get a divorce in Brazil.

If you don't have an RNE or CPF or a bank account, you certainly can't get a loan from a Brazilian bank so the apartment is likely only in your wife's name. If it's only in her name, you could maybe go after her for your share, but why bother on something that inexpensive if you really want to get out of the marriage. I do not know how your country works or where you are from, but in many cases, you have to legitimize your Brazil marriage in your home country. If you really plan on leaving and never returning, then why not just leave the house and car and go on with your life? If your marriage was not legitimized in your home country, you may not be considered married there. Of course it would be much cleaner to just get a divorce in Brazil.
-@sjpetzold

Valid point.

Cut your losses and leave.   

Pay an attorney's consultation to make sure you are in the clear.  On the safe side.

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-@claudiopimentel8

NO SOLICITING HERE!!!!!

I have written about divorce in Brazil and how the husband's property is divided after the divorce.

I know of a case where a woman had two marriages and the woman divorced her first husband.

A girl was born to the first husband, that girl is with the mother.

Then she married another husband, then the woman herself divorced him because he raised his hand on the woman.

Both husbands did not give any property to the woman.

Now that woman wants to marry a Pakistani man, he wants to open a sewing and embroidery company in Brazil.

Now, if the woman divorces herself or the Pakistani husband divorces for some reason, is the money in the company Ghar Bank also distributed?

First both husbands did not give anything, they had houses and money too.

A woman now lives in her blood mother's house,

Whether property is divided after separation from estranged spouse,

Brazilian husbands did not give away property

In this case, the foreign husband did not buy anything with the wife's money.

The company's equipment, house, and car are all bought with their own hard-earned money.

Should a foreign spouse enter into an agreement at the time of marriage that no property will be divided in the event of divorce?