Portuguese 
English 
Spanish 
2 min of reading 
0 comments 
Court Ruling Defines Obligation to Pay Rent by Heirs Who Use Common Property Exclusively
The judge Carlos Henrique Trindade Lourenço dos Santos determined that heirs who exclusively occupy inherited property in Coronel Fabriciano/MG must pay rent from the time of the owner’s death, based on the indivisibility of inheritance and jurisprudence from the STJ.
The decision was made by the 1st Civil Court of Coronel Fabriciano/MG in a case involving a dispute among heirs regarding the exclusive use of a property consisting of a main house and two outbuildings, without consultation or financial compensation to the other co-owners.
Exclusive Use of the Property Motivated the Charge
The plaintiffs argued that the defendants began to fully occupy the property after the owner’s death, preventing common use and failing to pay any amount as rent, which constituted unjust enrichment to the other heirs.
-
The noise law will no longer be in effect at 10 PM starting in June with a new rule valid during the 2026 World Cup.
-
The Chamber opens a debate on driver’s licenses at 16 years old as part of a reform that includes around 270 proposals to change the Brazilian Traffic Code and may redesign rules for licensing, enforcement, and circulation in the country.
-
The new Civil Code could revolutionize marriages in Brazil with “express divorce” and changes that could exclude spouses from inheritance.
-
Banco do Brasil sues famous influencer for million-dollar debt and intensifies debate on delinquency, risks of seizure, and direct impact on Gkay’s credibility.
The magistrate applied the understanding that inheritance is transferred as a single whole to the successors, allowing for the collection of rent when an heir exercises exclusive possession over common property, according to consolidated guidance from the Superior Court of Justice.
Values Determined by Judicial Expertise
The ruling determined that the monthly rent should be assessed in the liquidation of judgment, based on an expert report that set R$ 970 for the main house and R$ 440 for the two outbuildings on the property.
The payment must be proportional to the shares of heirs who opposed the exclusive occupation, with retroactive effect from the date of the defendants’ citation, which occurred in May 2021, and annual adjustment by the IGP-M index.
Taxes and Charges Were Also Included
In addition to the rent, the defendants were ordered to pay taxes on the property, as well as electric and water utility bills, from the time of the owner‘s death until the effective vacating of the property.
The decision also terminated the process concerning one of the plaintiffs, following the revocation of the power of attorney without the appointment of a new lawyer, ending her formal participation in the judicial action.
The case is under number 5001188-71.2021.8.13.0194 and deals exclusively with the property responsibility among heirs in the context of exclusive occupation of undivided property.
Process: 5001188-71.2021.8.13.019
-
-
-
-
-
-
77 pessoas reagiram a isso.