The 3rd Panel of the Superior Court of Justice (STJ) Reinforces the Right to Housing, Preventing the Sale of the Property and the Charging of Rent from the Surviving Spouse

Written by Carla Teles

Published on 09/09/2025 at 22:24

STJ decide: herdeiros não podem forçar a venda do imóvel de quem tem o direito real de habitação. Entenda como o tribunal protege a moradia da família.

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The 3rd Chamber of the Superior Court of Justice Reinforces That the Real Right of Housing of the Surviving Spouse Prevails Over the Dissolution of Condominium and the Alienation of the Asset.

The 3rd Chamber of the Superior Court of Justice (STJ) decided that the real right of housing, guaranteed to the surviving spouse or partner, prevents the judicial sale of the property and the dissolution of the condominium over it while the prerogative is in effect. The measure aims to protect the constitutional right to housing of the family.

Understand the Decision of the 3rd Chamber of the STJ Regarding the Real Right of Housing

The STJ panel, in a judgment reported by Minister Nancy Andrighi, established that the surviving spouse’s right to remain in the property that was the family’s residence cannot be overridden by the heirs’ interest in selling the asset. This protection does not depend on registration in a notary office.

The Case: Family Dispute Leads to Analysis by the STJ

The decision originated from a lawsuit filed by an heir against her father’s widow and the other heirs. She requested the dissolution of the condominium of two properties, one urban and one rural, in addition to the collection of rent for the widow’s exclusive use.

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Initially, the first instance granted the requests. However, the São Paulo Court of Justice (TJ-SP) reformed part of the ruling, recognizing the widow’s right to housing over the urban property and removing the rent charge, but maintained the possibility of condominium dissolution. Dissatisfied with the possibility of sale, the widow appealed to the STJ.

Foundations of the Decision: Protection of Housing and Dignity

In her vote, Minister Nancy Andrighi emphasized that Article 1.831 of the Civil Code and Article 7, sole paragraph, of Law 9.278/1996 guarantee the survivor’s right to remain in the family residence. The rapporteur highlighted the vital and personal nature of this prerogative.

According to the minister, the measure has a humanitarian and social basis. The goal is to ensure the constitutional right to housing and protect the dignity of the person who lost their partner, avoiding the trauma of a forced departure from the family home.

Precedents of the STJ and the Impact on the Property Rights of Heirs

The minister cited STJ precedents that already establish the impossibility of alienating the property or demanding rent while the right to housing lasts. The rapporteur stated that, although there is a reduction in the property rights of the other heirs, the restriction is legitimate. This happens because it meets a greater interest: the protection of the family.

Based on this understanding, the STJ reformed the decision of the TJ-SP. The dissolution of the condominium regarding the urban property was removed. The determination for division was maintained only for the rural asset.

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Marcílio Leão

#172650

11/09/2025 05:41

*** C – o -m- u- n- i- s- t- a – a ***

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Marcílio Leão

#172649

11/09/2025 05:39

****

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Marcílio Leão

#172648

11/09/2025 05:39

Complementando as palavras CENSURADAS que patenteiam o arbítrio , a palavra **** , eh o que foi censurado

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The 3rd Panel of the Superior Court of Justice (STJ) Reinforces the Right to Housing, Preventing the Sale of the Property and the Charging of Rent from the Surviving Spouse

The 3rd Chamber of the Superior Court of Justice Reinforces That the Real Right of Housing of the Surviving Spouse Prevails Over the Dissolution of Condominium and the Alienation of the Asset.

Understand the Decision of the 3rd Chamber of the STJ Regarding the Real Right of Housing

The Case: Family Dispute Leads to Analysis by the STJ

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Foundations of the Decision: Protection of Housing and Dignity

Precedents of the STJ and the Impact on the Property Rights of Heirs

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The 3rd Panel of the Superior Court of Justice (STJ) Reinforces the Right to Housing, Preventing the Sale of the Property and the Charging of Rent from the Surviving Spouse

The 3rd Chamber of the Superior Court of Justice Reinforces That the Real Right of Housing of the Surviving Spouse Prevails Over the Dissolution of Condominium and the Alienation of the Asset.

Understand the Decision of the 3rd Chamber of the STJ Regarding the Real Right of Housing

The Case: Family Dispute Leads to Analysis by the STJ

Major Oil, Gas, and Energy Event Will Take Place in Brazil: Macaé Energy Will Gather Petrobras, Equinor, Prio, Among Other Suppliers and Energy Executives for Business, Networking, and Employment Opportunities

Foundations of the Decision: Protection of Housing and Dignity

Precedents of the STJ and the Impact on the Property Rights of Heirs

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At over 8,800 meters above sea level, the summit of Mount Everest is made up of rocks that originated at the bottom of an ocean about 500 million years ago and were pushed to the highest point on Earth by the collision of tectonic plates.

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