Regularizing a property's records in Brazil before selling

In Brazil, a popular saying sums up the system: “quem não registra não é dono” — whoever does not register is not the owner. Many families have properties whose papers never followed real life: a deed signed but not registered, a house built but not recorded, a purchase made with a private contract decades ago. For an owner abroad, discovering this when a buyer appears means losing the buyer.

The key document: the matrícula

Every property has a record (matrícula) at the Real Estate Registry Office of its area. It shows the description of the property, the chain of owners and any liens, attachments or restrictions. The first step is always to request an updated certificate of the matrícula and read it carefully — or have someone read it for you.

Common problems and the usual way out

Deed signed but never registered

The purchase deed was signed at a notary, but nobody took it to the registry. The seller of that time is still the owner on record. Usually the solution is to register the old deed, paying the corresponding fees and, if still pending, the transfer tax. If decades have passed, the registry may ask for additional documents.

Construction or extension not recorded

The matrícula describes a lot or a smaller house than the one that exists. Recording the construction (averbação) generally requires the city’s occupancy certificate (habite-se) and, in many cases, proof of regularity of the construction with the social security authority. Unrecorded areas reduce the price and often prevent bank financing.

Private contract only (“contrato de gaveta”)

The property was bought with a private contract and the deed was never done. If the original seller can be found and is willing, the parties sign the deed now. If not, there are legal routes — such as a court action to obtain the deed or, depending on the facts, adverse possession (usucapião), which in some cases can be done at the registry itself with a lawyer. These take time.

Name or marital status out of date

The owner married, divorced or changed name, but the record still shows the old data. The registry usually requires the civil certificates to update it. Divorces granted abroad may need recognition in Brazil first.

The owner died

Then the starting point is the inventory — see inheriting property in Brazil while living abroad.

Liens and debts

Check the matrícula for mortgages, fiduciary liens, attachments by courts or tax authorities. A financing that was paid off but never cancelled in the registry is a classic case: the bank must issue the release document, and the cancellation must be recorded.

Why do it before selling

• Regular properties sell faster and for better prices.
• Buyers with bank financing simply cannot buy irregular properties.
• Costs and deadlines are easier to manage without a buyer waiting.

How to handle it from abroad

A local professional can request certificates, visit the city hall and the registry, and coordinate with a lawyer when needed. You sign what is necessary through a power of attorney — see power of attorney from abroad.

Next step

Ask for the updated matrícula certificate and compare it with what exists on the ground. If they do not match, or if you are not sure how to read it, send your case through the consultation form and you will get an answer by e-mail.