2.1. Please describe the general principles: Which goods are part of community property? Which goods are part of the separate estates of the spouses?

I) Unless there is a marriage contract providing otherwise, the community of property regime applies (Art. 1717 CC).

The community property includes, but is not limited to, the following:

1. (a) the income of the work of the spouses and any property acquired by the spouses during their marriage which is not excluded by law (Art. 1724 CC).

The spouses’ separate property includes, but is not limited to, the following:

1. (a) the property that each spouse owned at the time the marriage was entered into;
2. (b) any property a spouse acquired during the marriage through succession or as a gift;
3. (c) property acquired during the marriage under a prior entitlement (Art. 1722, 1723 CC).

2.2. Are there legal assumptions concerning the attribution of property?

Unless it is proved otherwise, movable assets are presumed to be part of the community property (Art. 1725 CC).

2.3. Should the spouses establish an inventory of assets? If so, when and how?

Portuguese law does not provide for a requirement to establish an inventory of assets.

2.4. Who is in charge of the administration of the property? Who is entitled to dispose of the property? May one spouse dispose of/administer the property alone or is the consent of the other spouse necessary (e.g. in cases of disposal of the spouses’ home)? What effect does the missing consent have on the validity of a legal transaction and on opposability towards a third party?

The community property is administered by both spouses. The consent of both spouses is necessary for the encumbrance and disposal of immovable property. If such a legal transaction has been concluded without the consent of the other spouse, it may be contested.

Each of the spouses administers his/her own property independently. In addition, a spouse also exclusively administers the following assets, even if they belong to the community property:

1. (a) income he/she receives for his/her work;
2. (b) his/her author's rights;
3. (c) community property he/she brought into the marriage or acquired gratuitously during the marriage, as well as any rights subrogated to this;
4. (d) any property that is gifted or bequeathed to both spouses where the administration of one spouse is excluded, except in specific cases;
5. (e) movable property belonging to the other spouse or to the community property that is exclusively used by one spouse as work equipment;
6. (f) property belonging to the other spouse, if this spouse is unable to administer the property due to it being situated in a remote or unknown location or for any other reason and provided that an appropriate power of attorney has not been granted for the administration of this property;
7. (g) the property belonging to the other spouse if that spouse grants a mandate for this power (Art. 1678 CC).

Either spouse may open bank accounts in his/her own name and dispose of them freely, irrespective of the applicable matrimonial property regime (Art. 1680 CC).

2.5. Are any legal transactions made by one spouse also binding on the other?

Both spouses are responsible for debts which are incurred prior to or during the marriage by either of the spouses to meet the normal expenses of family life or debts incurred during the marriage by the administering spouse for the common benefit of the spouses and within the limits of his/her administrative powers (Art. 1691 CC).

2.6. Who is liable for debts incurred during the marriage? Which property may be used by creditors to satisfy their claims?

The following debts are the responsibility of both spouses:

1. (a) debts incurred before or during the marriage by both spouses or by one spouse with the consent of the other spouse (Art. 1691 para. 1(a) CC);
2. (b) debts incurred by either of the spouses before or during the marriage to meet the normal expenses of family life (Art. 1691 para. 1(b) CC);
3. (c) debts incurred during the marriage by the administering spouse for the common benefit of the couple and within the limits of his/her administrative powers (Art. 1691 para. 1(c) CC);
4. (d) debts incurred by either of the spouses as part of a commercial activity, unless it can be demonstrated that the debts were not incurred for the common benefit of the couple or if the separation of property regime is applicable (Art. 1691 para. 1(d) CC);
5. (e) debts which encumber donations, heritages or legacies, if the assets concerned have become part of the community property (Art. 1691 para. 1(e) and Art. 1693 para. 2 CC).

Under the universal community of property regime, debts incurred before marriage by either of the spouses are included in the community property, but only if they are for the common benefit of the spouses (Art. 1691 para. 2 CC). The following debts are the sole responsibility of one spouse (Art. 1692 CC): any debts which are incurred either before or during the marriage by either of the spouses without the consent of the other spouse and which do not fall under Art. 1691 para. 1(b) or 1(c) CC; any debts resulting from crime and damages and compensation, legal fees or fines owed due to actions attributable to one of the spouses, except where these actions give rise to civil responsibility only and are covered by para. 1 or para. 2 of Art. 1691 CC; and any debts which may not be included in the community property under the terms of Art. 1694 para. 2 of the Civil Code.

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