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

The Soviet Union spent 22 years drilling into the Earth’s crust and reached a depth of 12,262 meters — they found water where it was thought impossible, hydrogen bubbling from the rock, granite that is 2.7 billion years old, and temperatures of 180 degrees that melted the drill bits.

Norway is drilling 27 kilometers of rock 392 meters below the bottom of a fjord to build the world’s largest and deepest underwater road tunnel — when completed, a 21-hour journey will be reduced to 10.

The island that has 35 inhabitants and celebrates Christmas on January 6: the remote island of Foula lives in isolation, without internet and following Julius Caesar’s calendar for centuries.

A German architect built a cylindrical house in 1994 that rotates to follow the sun throughout the day, generates 5 times more energy than it consumes, and was the world’s first energy-positive house.

After 14 years of construction and a diplomatic crisis that nearly led to a military confrontation over control of the Nile, Ethiopia inaugurated the largest hydroelectric power plant in Africa — the dam is 170 meters high, holds 74 billion cubic meters of water, and generates 5,150 megawatts.

China has just successfully tested the world’s first ground effect maritime vehicle, a craft that flies up to 6 meters above the water at 200 km/h, uses quantum technology and 6G communication, and can rescue patients in the middle of the ocean.

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