Registering a document with Registro de Títulos e Documentos (RTD)

@californiainbrazil

Well, I can tell you why he has requested your birth certificate, and it  it is the same reason I have mentioned before. It is as simple as this: are you single, married or divorced?

In Brazil only a single person can produce a current birth certificate, as once you get married the birth certificate is replaced by a marriage certificate; if you get divorced, a divorce certificate.

The justification is that a married man may try to hide an investment from his wife by declaring himself single in the transaction. This single status can only be proved by producing a current birth certificate (because if he is, in fact, married, then this will no longer exist). Under Brazilian law his wife is entitled to 50% of the investment, and many husbands in the past tried to avoid this by pretending to be single.

So, if you have declared yourself single, you will need to produce an apostilled copy of your original birth certificate (from the US?), and have it officially translated. If you are married, then just include your wife's name in the deal and none of this will be necessary - she will be entitled to 50% anyway, by law...!

01/18/25 @californiainbrazil.  Good morning.  As @Peter Itamaraca has highlighted, if you have a current Brazilian Marriage Certificate, that will usually be accepted in lieu of a Birth Certificate, since for Brazilians Marriage (or Divorce) Certificates supercede Birth Certificates.  If you don't, getting an apostilled US Birth Certificate is pretty straightforward.

For a fee, the companies that obtain apostilles remotely (e.g., National Apostille, etc.) will obtain it and send it to you with the apostille attached.  If you want to do it on your own, do a search on "Birth Certificate (state of birth)" to see how it's done.  In most states you can order it online.  For the apostille the Competent Authority is usually -- but not always -- the State's Secretary of State (in New Jersey, for example, it's a different agency), so do a search on "Apostille (state of birth)" to determine how to obtain the apostille.  If you have someone stateside walking the documents around for you, then you've got that covered; if not the site of the issuing authority of the Birth Certificate or the Competent Authority of the apostille may provide some guidance.  All of this must be done by your state of birth, regardless of whether or not it's your most recent state of residence.  New York has slightly different processes for people born in New York City and people born elsewhere in the State, so if you're a New Yorker be sure to follow the correct process.

The Sworn Translation should be done here in Brazil, and include both the Certificate itself and the Apostille.  After you have that, just take the Birth Certificate with the apostille attached and the Sworn Translation to the RTD, and they'll register them.

Remember that once an apostille is affixed to a document it cannot be removed, even temporarily, without invalidating both, so obtaining duplicate originals of the Birth Certificate may be a good idea.  That way you can hand in the apostilled one and use the other for copies, etc. without risking harm to the apostille.

How is a person's marital status tracked in Brazil? Is there a website to enter a CPF to learn someone's status?

@Peter Itamaraca @abthree  Thanks for all the information, especially on the reasoning as to why they need a recently issued birth certificate.

How quickly does the Cartorio de RTD authenticate and add the documents to the public registry.  Is this immediate or does it take some time?  Also, can I go to any Cartorio de RTD?

01/18/25 @californiainbrazil.  In your situation, I would ask the cartório that's handling the closing which Cartório de RTD to use.  That way, you're sure to satisfy them.

The turnaround at the Cartório de RTD should be fast -- maybe same-day, certainly no more than a few business days.  An apostilled document does not need any further authentication, so it should only be a matter of how long it takes them to perform the ministerial task of recording it.  Your lawyer should be able to give you a better answer.

@californiainbrazil

If, as you say, the ITBI has been paid, this implies that the deal has been completed and you are in process of officially registering the property in your name - the escritura. If so, then you have paid all that is due and now have possession of the property?

The contract should not stipulate how quickly you have to complete this process, (only that you have to do it), so you should have no worries. Many Brazilians only do this after many years or when they want to sell...

The only exception I am aware of is when you also need to involve the SPU (for beach or tidal water fronting property) when you have max 60 days to start the process with them after completing the escritura or you will face a fine of 0.05% of the total value, PER MONTH!