Spousal Consent (Outorga Conjugal)

Spousal consent (outorga conjugal) is the formal approval required from one spouse before the other can carry out certain acts disposing of real estate. Without this consent, the spouse who did not sign can have the transaction judicially annulled within two years of the marriage ending (Article 1,649, caput, of the Civil Code).

• Who must give consent: the spouse who is not signing the contract, regardless of whether the property is registered solely in the other spouse’s name. This requirement applies under the partial community property regime, the full community property regime, and the mandatory separate property regime, with nuances in each case.
• When it’s not required: under a full separate property regime agreed in a prenuptial agreement, and under the final community of acquired property regime when a specific clause waives the requirement (Articles 1,656 and 1,687 of the Civil Code).
• Form of consent: must be given in writing, typically by signing the purchase-and-sale instrument or public deed itself.
• Judicial override: if a spouse refuses consent without good reason, or is unable to give it, the other spouse can ask a judge to supply the consent (Article 1,648 of the Civil Code).
• Common-law partnerships: Article 1,725 of the Civil Code treats a common-law partner the same as a spouse for consent purposes, for assets acquired during the relationship. Notary offices in Florianópolis typically require a declaration that no common-law partnership exists or, if one does, the partner’s signature.

In Florianópolis, where couples under different property regimes frequently purchase high-end real estate, notary offices and developers require a complete disclosure of marital status as early as the purchase-and-sale agreement stage.