Buying a house as married foreign couple

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Hi NV91,

Yes it has been legalized, officially translated, and also the context has also been written again in a Brazilian marriage certificate format (I mean the context of our dutch marriage certificate). The bank of course came with all this before and analyzed all the documents and have been approved.
So the financial part of the mortgage is already approved and everything.
It is just that someone in the cartorio has probably not came across a situation like this with foreigns buying a house and putting this problem in front of us. not to mention already paid the cartorio costs of R$21,000.00.
This is the last part of getting the house on our names.

As frustrating as it is for us and the current home owners, more waiting time will be added.

Does it makes sense to get married again and is this even legal??

Unfortunately, the Cartório is looking for an official document that they can hide behind, in case the Escritura is questioned later.  We have a pre-nup (Illinois law) that the Cartório couldn't read, but fortunately, we had registered it at the Brazilian Consulate General in Chicago, and the Consulate's document has just been quoted blindly on every official document since.  Welcome to Brazil! 
Since they want an "official" document, will the Dutch Consulate General in São Paulo issue you an official looking declaration or interpretation that your Dutch marriage certificate incorporates the distribution of assets defined by Dutch law, and that it is equivalent to "comunhão de bens" in Brazilian law? 
If that won't work, I'd suggest having a lawyer draw up a declaration for both of you to sign, bestowing your Brazilian property in the way that makes the most sense to you.
You're right:  asking you to get married again is ridiculous.  It's probably also illegal:  in order to get married under Brazilian law, you would both have to demonstrate that you're single, which is obviously untrue.
You might also inquire as to whether the seller can do anything to help break the logjam.  S/he has an obvious financial interest in this transaction going through, and in transactions where there's a Brazilian on one side and a foreigner on the other, "insoluble" problems sometimes just seem to evaporate when the Brazilian side really wants them to.
Good luck!

hi abthree,

thank you for you input here. Already tried the dutch consulate in SP. As they are not of any help in this matter, they directed me to talk with the dutch municipality where we have been married. From there we been advised to talk with a dutch notary to officialize the dutch law of comonhao de bens and have it legalized. Basically, the same the cartorio has suggested but then have it translated by an official translator in Brazil. The problem with this document is that all cost that will be involved from the notary until translation will sum up to R$4500.00. but it is seem the only option as I think it won't be legal to get married twice.

Dutchstang

Is most of that cost the translation?

it is the costs of having a dutch notary making up an official document of cour marriage conditions (hourly rate is 200euros x 4 + legalization + translation here costs sums up to R$4500.00

Sorry that you have to go through this.  One more Cartório Horror Story:  this "system" is rotten to the core.

Church or registry office?
Church marriage is harder to get a divorce, but still have to go through a registry office.
The Brazilian government is probably looking at this a domestic partnership and you do have to get all documents translated and notarized. (Sorry) Without a Marriage Certificate sworn and notarized (I know Netherlands have a different approach to marriages) PF will have issues.
we had to go through the complete process in Brazil and found it was simpler (Cough Cough!) to just go through cartorio.
If residing in Brazil now, under what visa or entrance document do you have?

Yes, I have had a similar issue with Carterio last year.
After returning from Argentina where I married my wife (who is actually a Brazillian) we needed a Brazillian marriage license to be issued in Accordance with International Laws. We brought Back our Argentina Marriage Certificate, with Accompanying Apostilla and Brazilian Consular of Argentina Endorsement of it being True and Legal.
The local Cartario in Itabuna Bahia was Horrible and Very Ignorant of Not just international laws but Brazilian law. He Told us he would not issue us a License (which I Needed in order to Recieve my Brazillian Visa for Family Reunion). This idiot was demanding us to get the Argentina Apostilla and License itself Notarized! Which is impossible to do because an Apostilla is a Formal, Government Notorization of Government Documents such as birth records, marriage licenses etc, and One Can not Notorize a Notarized document Hahahaha
Or For Us to get Married Again here in Brasil which would have actually been Very Illegal and Legally Impossible!
He Absolutely Refused to Abide by International law and Treaty of the treaty Brazil is in with most of the Civilized world regarding this....
So, sorry for rambling but You Seem to Have an Identical Issue...
We Solved this very easily and went to a different Cartario in the town we have a Beach house in (Porto Seguro, Specifically Arrial d'Ajuda). The Carterio Issued us Our License and we recieved it in Two working days!
Unfortunately my friend what you are dealing with is an ignorant person who shouldn't have a job if not able to do it in accordance with Brazillian and International law. But many Government officials here in Brasil do Business Their Own Way which may differ from one municipality to another and quite often Are very Wrong legally in the way they do it.
FIND A DIFFERENT CARTERIO WHO UNDERSTANDS AND IS WILLING TO FOLLOW THE LAW IS MY BEST ADVISE!