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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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

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

Foundations of the Decision: Protection of Housing and Dignity

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

While an average building in London or New York takes three years to be completed, in China a 26-story tower went up in five days with about 100 workers, and the global modular construction market already moves US$ 95 billion per year.

Australia installs giant concrete structures on the seabed 800 meters from the shore to create an ocean intake for desalination that will draw in saltwater and produce 30 million liters of drinking water per day.

While a traditional school may take several days just to raise walls, in Malawi a 3D-printed school had its structure ready in 18 hours, welcomed children in June, and showed a new solution to the lack of classrooms.

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