Portuguese 
English 
Spanish 
5 min of reading 
0 comments 
Decisions of the STJ Confirm That an Heir Can Demand the Sale of the Inherited Property When There Is No Agreement Through the Termination of Condominium Among Siblings.
The discussion regarding the fate of inherited properties is one of the most frequent in Brazilian courts. The situation is common: parents leave a house, a vacation home, or an apartment to the children, but the siblings cannot reach an agreement on sale, use, rental, or renovation. For years, it was believed that the sale could only occur if all heirs were in agreement, which stalled distributions, kept properties idle, and prolonged family conflicts.
However, recent decisions consolidated by the Superior Court of Justice (STJ) and state courts have reaffirmed an understanding that completely changes this scenario: any heir, even alone, can legally request the sale of the property when the others do not reach a consensus. This provision is called termination of condominium, and it has also begun to be applied to inherited properties. The interpretation has solid legal grounds and is transforming the dynamics of succession disputes in the country.
The Key Point: Inherited Property Is Condominium and Any Co-Ownership Can Request Its Termination
According to Brazilian civil legislation, when more than one person owns the same property, there is a condominium. This applies even to inherited properties that are still in the name of the deceased or that have not yet had the formal registration of distribution completed.
-
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.
Courts and experts have reinforced that:
- heirs are co-owners,
- the inherited property is a condominium by nature,
- and any co-owner has the right to request the end of this condominium.
The method of ending it is simple: if the property is indivisible like a house, apartment, or small piece of land – the judge orders its sale at a judicial auction (or authorized private sale), and the amount raised is divided proportionally among the heirs.
This interpretation was reinforced by decisions from the STJ, such as the one released by the Brazilian Notary College (CNB/PR), where the Court stated that the heir can propose the action for the termination of condominium even if the distribution has not been registered at the notary office.
Why Does This Happen? The Legal Basis Is Clear
The legal foundation is in Articles 1,314 and 1,322 of the Civil Code:
- all co-owners have equal rights over the asset;
- no one is required to remain in a condominium against their own will;
- any co-owner can demand the division or judicial sale of the property.
In other words: an heir cannot be forced to remain indefinitely bound to a common asset when there is no agreement.
This rule of traditional condominium applies fully to inherited assets.
What Has Justice Decided in Practice
In recent years, courts from various states have confirmed this understanding:
- STJ: an heir can request the termination of condominium even without the formal distribution recorded.
- TJSP: in the case of inherited property, the resistance of a single heir does not prevent the termination of the condominium.
- TJMG: when the asset is indivisible, the solution is sale and distribution of the value.
- TJRS: disagreement among siblings does not impede the adoption of a judicial auction.
In all cases, the judges reinforced that the goal is to unlock assets, avoid prolonged disputes, and ensure each heir’s individual right to their ideal share.
What Happens When an Heir Requests the Sale?
When one of the siblings files for the termination of condominium, the process follows clear steps:
- the judge recognizes that the property is indivisible;
- declares that the condominium has been dissolved;
- orders the official assessment of the property;
- authorizes the sale – usually by auction;
- the amount is divided proportionally among the heirs.
It is important to highlight that it is not necessary to prove a serious dispute or bad faith. It is sufficient to demonstrate that there is no agreement concerning the use or destination of the property.
Is It Possible to Avoid the Auction and Sell Independently?
Yes. Even after the filing of the action, the heirs can still:
- sell the property to each other (one buys the other’s share),
- arrange a private sale to third parties,
- reach an agreement for the exclusive use of one of the siblings in exchange for compensatory rent.
The judge always prioritizes consensual solutions, but if there is no understanding, they determine the standard procedure: public sale and division of proceeds.
Why Does This Topic Go Viral? The Impact Is Huge
The new interpretation of Justice addresses frequent family situations:
- inherited property idle for years;
- sisters and brothers who do not understand each other;
- one wants to sell, another wants to live there, another wants to rent;
- renovations and expenses made without consensus;
- abandonment of the property;
- emotional blocks inherited along with the estate.
With the consolidation of jurisprudence, the scenario changes: it only takes the will of one of the heirs to end the impasse.
This resolves problems that previously lasted decades.
What If One of the Siblings Lives in the Property?
The law and jurisprudence also address this case:
- the sibling living in the property cannot prevent the sale;
- they can negotiate the purchase of the others’ shares;
- if they continue occupying the property alone, they may be required to pay compensatory rent to the other heirs.
The courts have understood that exclusive use generates unjust enrichment, since everyone is an owner.
When Can the Request Be Denied?
The judge can deny the request for termination of condominium only in exceptional situations, such as:
- property linked to a lifetime usufruct;
- asset protected by testamentary clause;
- fraud or attempts to harm incapacitated individuals;
- when the property is divisible and distribution is possible (e.g.: large rural area).
Aside from that, the general rule prevails:
no one can be forced to maintain a jointly owned asset against their will.
A Path That Ends Conflicts and Protects Wealth
The action for termination of condominium has been increasingly utilized because:
- it unlocks stalled inheritances,
- avoids prolonged disputes,
- maintains the value of the estate,
- allows for a fair solution when there is no dialogue,
- and guarantees each heir their right over their share.
In practice, judicial sale has become an instrument to protect the economic function of inherited properties and preserve family relationships that often wear thin when a property remains blocked.
-
Uma pessoa reagiu a isso.