Purchase and Sale Deed and Antenuptial Agreement: Rules
Understand the differences, required documents, and essential clauses for drafting purchase and sale deeds and antenuptial agreements at a notary office.
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Por Editorial Team of the 5th Notary Office of Recife — Notarial legal writing · 5º Tabelionato de Notas de Recife
Note: This content describes Brazilian notary law.
Requirements and Clauses for Purchase and Sale Deeds and Antenuptial Agreements
Understand the requirements, documents, and essential clauses for purchase and sale deeds and antenuptial agreements at the Notary Office.
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This article answers
- Which documents are required to draft a purchase and sale deed and an antenuptial agreement?
- What is the difference between a purchase and sale deed and an antenuptial agreement?
- How does the debt clearance clause work in a purchase and sale deed?
- What are the essential clauses for the validity of an antenuptial agreement?
- Where should the purchase and sale deed and antenuptial agreement be registered after drafting at the notary office (tabelionato de notas)?
In summary
- The purchase and sale deed (escritura pública de compra e venda) and the antenuptial agreement (pacto antenupcial) are two distinct public deeds drafted at the notary office (tabelionato de notas) with autonomous legal purposes.
- The purchase and sale deed formalizes the real estate transfer between buyer and seller, requiring property certificates and tax clearance.
- The antenuptial agreement defines the couple's financial rules and marital property regime, taking effect upon the celebration of the civil marriage.
- Both acts require subsequent registration at the competent registry offices to produce legal effects against third parties.
Which documents are required to draft a purchase and sale deed and an antenuptial agreement?
To plan the drafting of the purchase and sale deed and antenuptial agreement, you must present specific documentation for each act at the notary office (tabelionato de notas) Lei nº 8.935/1994, art. 6º. As autonomous legal instruments, each has its own requirements for documentary instruction and qualification of the parties.
For transferring real estate via a public deed of purchase and sale, the essential documents include:
- Official photo identification documents and CPF (Individual Taxpayer Registry) of buyers and sellers.
- Civil status certificate updated within 90 days (marriage or birth certificate).
- Property registration certificate (certidão de matrícula) updated with real encumbrances (ônus reais) and in rem or personal reipersecutory actions, issued by the Real Estate Registry Officer (Oficial de Registro de Imóveis).
- Real Estate Transfer Tax (Imposto sobre Transmissão de Bens Imóveis — ITBI) payment guides with due bank receipt.
- Negative tax clearance certificates (municipal, state, and federal) and a negative condominium debt certificate issued by the property manager (síndico).
For drafting an antenuptial agreement, the notary (tabelião) requires the following documentation from individuals intending to marry:
- Original identity document (RG, CNH, or professional ID card) and CPF of the prospective spouses.
- Updated birth certificate (issued less than 90 days prior) for single individuals.
- Previous marriage certificate with annotation (averbação) of divorce or death of the spouse for divorced or widowed individuals.
- Updated proof of residence.
What is the difference between a purchase and sale deed and an antenuptial agreement?
The central difference lies in the object and purpose of each notary act Lei nº 10.406/2002 — Código Civil, art. 215. The purchase and sale deed (escritura de compra e venda) is a bilateral legal transaction focused on the alienation of a specific real estate property. The seller undertakes to transfer ownership and the buyer undertakes to pay the agreed price.
The antenuptial agreement (pacto antenupcial) is a family law transaction. It establishes the financial structure of the couple prior to marriage Lei nº 10.406/2002 — Código Civil, art. 104. It does not transfer title to a specific property at the moment of signature. It establishes the property status governing all present and future assets of the spouses.
Although a couple may decide to execute a purchase and sale deed and an antenuptial agreement at the same stage of life, the notary drafts two separate documents. The purchase and sale affects the specific real estate asset transacted. The antenuptial agreement regulates whether assets acquired in the future will belong to one or both spouses.
| Feature | Public Deed of Purchase and Sale | Public Deed of Antenuptial Agreement |
| :--- | :--- | :--- |
| Main object | Real estate transfer and payment of price | Rules on the marital property regime |
| Parties involved | Seller(s) and Buyer(s) | Betrothed spouses (fiancés) |
| Production of effects | On the signature date (and real estate registration) | Conditioned upon the celebration of civil marriage |
| Place of registration | Real Estate Registry (Registro de Imóveis) of the property jurisdiction | Civil Registry of Natural Persons (RCPN) and Book 3 of the Real Estate Registry |
How does the debt clearance clause work in a purchase and sale deed?
The debt clearance clause is inserted exclusively into the property's purchase and sale deed to guarantee legal certainty to the buyer. Condominium debts and property taxes (IPTU) carry a propter rem nature (they run with the land). If the seller leaves unpaid debts, the property itself may be held liable after ownership is transferred.
To draft the deed with complete transparency, the notary records the seller's declaration regarding the nonexistence of outstanding debts. The buying party may demand the presentation of a clearance declaration issued by the property manager (síndico) with a notarized signature or the manager's election minutes.
If there are pending debts at the time of drafting, the parties may negotiate a price reduction corresponding to the debt amount. The clause will explicitly specify whether the buyer assumes the known debts or whether the seller retained an amount to settle the balance with the condominium association or municipal government.
What are the essential clauses for the validity of an antenuptial agreement?
The validity of an antenuptial agreement depends on adherence to the public form before a notary office (tabelionato de notas) Lei nº 10.406/2002 — Código Civil, art. 108. To learn more about property regimes, check the differences between stable union deeds and antenuptial agreements. Essential clauses include:
- Express choice of marital property regime: Clear declaration choosing total separation of property, modified partial community, universal community, or final participation in acquisitions (participação final nos meados).
- Asset management rules: Definitions on how income from separate assets will be managed and whether spousal consent (outorga conjugal) will be required to alienate specific assets when allowed by law.
- Cohabitation or indemnification clauses: Provisions regarding daily living arrangements, provided they do not violate public order principles or human dignity Lei nº 10.406/2002 — Código Civil, art. 166.
- Marriage resolutive condition: A clause conditioning the validity of the act to the future celebration of civil marriage.
Any contractual clause in an antenuptial agreement attempting to waive fundamental duties of marriage, such as the duty of mutual support, or violating mandatory provisions of the Civil Code (Código Civil), is void.
Where should the purchase and sale deed and antenuptial agreement be registered after drafting at the notary office?
Drafting the deed at the notary office (tabelionato de notas) is only the first step. For the purchase and sale and marital property regime to have full legal effect against third parties, you must register them at the competent registry offices:
- Purchase and sale deed: You must present an official copy (traslado) of the deed to the Real Estate Registry Officer (Oficial de Registro de Imóveis) of the property's jurisdiction. Ownership transfers effectively only upon registration on the property's record card (matrícula) Lei nº 10.406/2002 — Código Civil, art. 1º.245.
- Antenuptial agreement at the Civil Registry: Present the public deed of the agreement to the Civil Registry of Natural Persons (Registro Civil das Pessoas Naturais) where the marriage preliminary proceedings (habilitação para o casamento) will take place.
- Antenuptial agreement at the Real Estate Registry: After marriage, register the marriage certificate along with the agreement in Book 3 (Auxiliary Registry) at the Real Estate Registry Office (Registro de Imóveis) of the couple's domicile for it to produce effects against third parties.
Failing to register the antenuptial agreement at the Real Estate Registry causes the chosen property regime to operate only between the spouses, rendering it unenforceable against creditors or third parties acting in good faith.
Document checklist
To speed up service at the notary office (tabelionato de notas), organize the documentation in advance according to the list below:
- [ ] Identity documents (RG, CNH, or professional ID card) and CPF of all parties.
- [ ] Updated birth or marriage certificates (issued within a maximum of 90 days).
- [ ] Updated property registration certificate (certidão de matrícula) showing encumbrances and reipersecutory actions.
- [ ] Municipal tax clearance certificate (IPTU and municipal real estate taxes).
- [ ] ITBI transfer tax payment receipt and assessment guide.
- [ ] Condominium debt clearance declaration signed by the property manager (síndico), accompanied by the election minutes.
- [ ] Draft outlining the chosen property regime for drafting the antenuptial agreement.
In practice
Case 1: Acquiring a first home before marriage
An engaged couple decided to buy an apartment prior to formalizing their marriage. They went to the notary office (tabelionato de notas) to execute the public deed of purchase and sale for the property. Simultaneously, they requested the drafting of an antenuptial agreement choosing the total separation of property regime. The notary drafted both deeds independently. The purchase and sale deed was registered on the property's record card (matrícula), and the antenuptial agreement was presented to the Civil Registry (Registro Civil) for the marital qualification process.
Case 2: Outstanding condominium debts at the time of sale
During document analysis to draft a purchase and sale deed, the notary noticed the absence of a condominium debt clearance certificate. The seller acknowledged two past-due monthly fees. The parties agreed to include a clause in the deed wherein the buyer deducted the debt amount from the purchase price and assumed the obligation to settle the account with the condominium association. The transaction was executed with full transparency and legal certainty for both parties.
Common errors
- Attempting to combine the purchase and sale and antenuptial agreement in a single instrument: This is a serious conceptual mistake. A purchase and sale deed alienates a specific property; an antenuptial agreement sets the property regime for a future marriage. They are separate deeds.
- Failing to register the purchase and sale deed at the Real Estate Registry: Assuming that signing the deed at the notary office (tabelionato de notas) confers ownership. Without registration on the property record card (matrícula), the buyer does not become the legal owner Lei nº 10.406/2002 — Código Civil, art. 1º.245.
- Not registering the antenuptial agreement in Book 3 of the Real Estate Registry: Forgetting to record the agreement at the Real Estate Registry (Registro de Imóveis) after marriage prevents the chosen property regime from producing legal effects against third parties.
- Failing to demand a condominium debt clearance declaration: Overlooking condominium debts may result in the new owner being held responsible for the seller's prior obligations.
Legal basis
- Lei nº 10.406/2002 (Brazilian Civil Code / Código Civil), art. 108 — Requires a public deed to establish and transfer real property rights over real estate valued above thirty times the highest minimum wage in Brazil Lei nº 10.406/2002 — Código Civil, art. 108.
- Lei nº 10.406/2002 (Brazilian Civil Code / Código Civil), art. 1º.245 — Mandates that inter vivos property transfers occur through title registration at the Real Estate Registry (Registro de Imóveis) Lei nº 10.406/2002 — Código Civil, art. 1º.245.
- Lei nº 10.406/2002 (Brazilian Civil Code / Código Civil), art. 215 — Establishes that public deeds executed by a notary office (tabelionato de notas) hold public faith and constitute full proof Lei nº 10.406/2002 — Código Civil, art. 215.
- Lei nº 8.935/1994 (Notaries and Registrars Law / Lei dos Notários e Registradores), art. 1º — Regulates notary and registry services to guarantee publicity, authenticity, security, and efficacy of legal acts Lei nº 8.935/1994, art. 1º.
- Provimento CNJ nº 149/2023 (CNJ Ordinance No. 149/2023), Book II — Consolidates the guidelines of the National Corregidor's Office of Justice (Corregedoria Nacional de Justiça) regarding notarial acts and deed execution Provimento CNJ nº 149/2023, Livro II.
To consult complete federal legislation on real estate transactions and property regimes, access the Presidency of the Republic portal at Planalto or review normative guidelines at the Conselho Nacional de Justiça.
Frequently asked questions
Which documents are required to draft a purchase and sale deed and an antenuptial agreement?
For a purchase and sale deed, you must present personal documents, an updated property registration certificate (matrícula) with encumbrances, and tax clearance certificates. For an antenuptial agreement, you must present identification documents and updated birth or marriage certificates with divorce annotations.
What is the difference between a purchase and sale deed and an antenuptial agreement?
A purchase and sale deed is a legal transaction that transfers real estate ownership between parties. An antenuptial agreement is a public deed in which betrothed spouses establish the property rules governing their upcoming marriage.
How does the debt clearance clause work in a purchase and sale deed?
The clause states that the seller settled all condominium fees and municipal property taxes (IPTU) up to the transfer date. Presenting the property manager's declaration or negative tax certificates provides legal protection to the buyer against prior debts.
What are the essential clauses for the validity of an antenuptial agreement?
An antenuptial agreement requires an express choice of property regime (such as total separation or final participation in acquisitions), rules for property management, and potential indemnification arrangements, within the limits of public policy.
Where should the purchase and sale deed and antenuptial agreement be registered after drafting at the notary office?
The purchase and sale deed is registered with the competent Real Estate Registry Officer (Oficial de Registro de Imóveis). The antenuptial agreement is submitted to the Civil Registry of Natural Persons (RCPN) for marriage proceedings and registered in Book 3 of the Real Estate Registry of the couple's domicile.
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Editorial Team: 5th Notary Office of Recife (5º Tabelionato de Notas do Recife)
Date of last legal review: September 18, 2026
Version: 2.1 — PEAN Compliant
Informational and educational content based on Brazilian federal legislation and National Council of Justice (CNJ) rules. This material does not substitute personalized legal advice provided by notary offices or legal professionals for specific cases.