New rules to buy and sell real estate in Brazil

Additionally, many times a Public Power of Attorney will be granted to assist in the process to buy or sell real estate. These can no longer be generic, but must refer to the specific property in question, each time. While many Notaries already asked for this, it is now becoming the rule.

Foreigners are faced with the same request, so I asked my Notary what we should do. He simply stated that he would accept an official translation of the birth certificate (for a single person), or marriage certificate (for a married person), providing that translation was made within the previous 30 days. Tiresome, but, unfortunately, unavoidable.

That really doesn't make any sense.  Using the logic stated above, the only way to conform would be to request a new birth certificate with a new issue date.  A new translation of an existing birth certificate (for the reasoning given above) would prove nothing.  Not to mention, for it to be official, it would need to have an Apostille, and good luck getting that done within 30 days.

Also, for US Citizens at least, birth certificates are not tied to marriage licenses.   

I did a search, and apparently you can go to the county clerk and they will do a search and issue a document that certifies no marriage license was found for a particular county, or in some cases the entire state.  That of course raises the question about other states.  Who is to say you weren't married in another state.  Then, who is to say you aren't married in another country. 

For foreigners, they need to just ask for a sworn statement and call it a day.  Seriously, who thinks up this stuff?  Is there really such an epidemic of Brazilians lying and trying to screw over their spouses?  Geez...

    Foreigners are faced with the same request, so I asked my Notary what we should do. He simply stated that he would accept an official translation of the birth certificate (for a single person), or marriage certificate (for a married person), providing that translation was made within the previous 30 days. Tiresome, but, unfortunately, unavoidable.

That really doesn't make any sense.  Using the logic stated above, the only way to conform would be to request a new birth certificate with a new issue date.  A new translation of an existing birth certificate (for the reasoning given above) would prove nothing.  Not to mention, for it to be official, it would need to have an Apostille, and good luck getting that done within 30 days.   

    -@mikehunter

I agree it does not appear to make sense for foreigners, but what you must appreciate is that, while the rule is intended for Brazilians as their system does facilitate this logic, we are tarnished with the same brush as the law applies to all buyers and sellers.

However we do not need to get a new birth certificate of marriage certificate issued, just get an existing one officially translated in Brazil. If you are single use a birth certificate, if married the marriage certificate.

Brazilians cannot present a birth certificate if they are not single - that is the point.

  Is there really such an epidemic of Brazilians lying and trying to screw over their spouses?  Geez...
    -@mikehunter

@mikehunter - when I first joined this forum, I was really surprised at the number of posts related to this issue.  Apparently this is the case.  I do not have first hand experience but there are many long term expats who have seen a lot. I remember vaguely posts from @abthree, @peter_itamaraca, and @alan279... if you want to check.

If this is a typical Brazil cultural phenomenon like the Australian walkabout, may be a separate thread on the subject would shed some light....

@Peter Itamaraca

By chance, do you have a link to any article referncing the law or ruling?  I was at a cartorio yesterday filing a sales contract any no one mentioned anything about such a requirement.

Thanks.

@Peter Itamaraca

Does the new rules apply to stable unions as well.

    @Peter Itamaraca
By chance, do you have a link to any article referncing the law or ruling?  I was at a cartorio yesterday filing a sales contract any no one mentioned anything about such a requirement.
Thanks.
   

    -@BRBC

At the moment I do not, but if your Notary is not asking for it I would say nothing! It will eventually be everywhere...

    @Peter Itamaraca
Does the new rules apply to stable unions as well.
   

    -@Canforbra

It all depends on how you declared yourself in Brazil. Did you declare yourself to be single or married. Whichever you did originally, or if you have changed your status since you must follow - you cannot change it back...

@Peter Itamaraca

We are his is his and hers is hers but we will formally get married in sao carlos in the future when we move there...as it is where most her family is which will change things to a more formal partnership legally.