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Is your wife residing in the U.S. (and if so, Massachusetts?) , or in Brazil?
Thank you. In Massachusetts, property acquired by gift, descent, or devise, as well as property acquired before the marriage, is "separate property", and as such is generally not accessible to the judge as part of a property distribution. The judge can consider separate property, in certain situations (such as a situation where this is a significant asset and there are no other assets of the marriage), or other situations where it would be inequitable (unfair) to not include it. But as a general rule, it will be her property (unless she shows some affirmative intent that it be yours as well, such as adding your name to the property or "gifting" you part of it in writing).
The fact that she's a dual citizen does not have any bearing on the consideration.
The only thing that matters is where you're residing at the time of divorce or where she's residing when she dies (in the case where the property would pass to you or her other legal heirs).
Now if you are living in Brazil when you get divorced, that could have an impact on that result. Other states would likewise have different results...
For instance, Indiana considers all property, regardless of when and how it was acquired, as marital property.
But in Massachusetts, property acquired before the marriage, or by gift, descent or devise (i.e. inheritance) would be separate, and would generally not be included in a divorce property division.
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