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Family · Case commented

Proposal for notarial divorce and permanence in a private home

Anonymized summary · Document examined: proposal for agreement

An agreement prepared for a divorce The notary stated that one of the spouses would continue in the home that was their exclusive property. It also described a marriage regime of separation of assets.

What was proposed

The document ordered the cessation of cohabitation and subsequent residence without proposing an allocation of property between the two. This difference allows the departure of one of the spouses to be separated from a property transfer that the text did not contemplate.

Keys to understand the case

The case helps to read what measures are actually negotiated in a breakup agreement. The existence of capitulations and the ownership described are part of its documentary context. The proposal to go to a notary does not prove that the deed was granted later nor does it allow us to affirm that all divorces with these characteristics follow the same course.

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