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According to lawyer Ísis Souza Araújo, since September 2024, the division of assets after divorce is imprescriptible: ex-spouses can claim properties and assets even after 10, 15, or 20 years.
The division of assets after divorce underwent a historic change in September 2024. The Fourth Panel of the Superior Court of Justice (STJ) unanimously decided that this right is imprescriptible, meaning it never loses validity. This interpretation was reinforced by the Supreme Federal Court (STF), consolidating that the division of common property can be requested at any time, regardless of the time elapsed since the end of the marriage.
According to lawyer Ísis Souza Araújo, this decision ends years of legal uncertainties. Previously, there was the belief that there was a 10-year deadline to request the division of assets. Now, even those who divorced 15 or 20 years ago can go to court and claim their share, protecting their property rights.
Who Can Claim the Division
The new understanding benefits all ex-spouses who did not formalize the division of assets at the time of divorce.
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According to lawyer Ísis Souza Araújo, even if the separation occurred decades ago, the assets acquired during the marriage remain jointly owned until the division is made.
This means that properties, vehicles, financial investments, and even joint businesses can be judicially claimed, even if they have been managed by only one of the ex-partners for years.
How Long Does the Right Last
Before the change, the prevailing jurisprudence applied Article 206, paragraph 3, item 4 of the Civil Code of 2002, which set a 10-year period to request the division of assets after divorce.
If this period was exceeded, it was understood that the right was prescribed.
Now, as explained by lawyer Ísis Souza Araújo, the Justice recognized that the division stems from the right of ownership, which is imprescriptible.
In other words, it does not matter if 10, 15, or 20 years have passed: the request remains valid.
Where the Decision Most Impacts
The new understanding has a direct impact on thousands of family law cases throughout Brazil.
Many couples, due to emotional, financial issues, or lack of legal guidance, divorced without formalizing the division of assets.
In practice, STJ ministers stated that, until the division is made, the property remains in joint ownership between the ex-spouses.
Thus, if one of them sold or used the common good without authorization, they may be required to compensate the other.
Why the Change Was Necessary
According to lawyer Ísis Souza Araújo, the decision corrects a legal insecurity that lasted for years.
As each court applied different understandings, many people were prevented from claiming their property rights after the 10-year deadline.
With the new interpretation, the STJ and STF standardized the issue, ensuring greater protection of property rights and strengthening legal security for all citizens.
Is It Worth Waiting or Resolving It Now?
Despite the favorable change, experts warn that it is not advisable to delay the division of assets after divorce.
Resolving the division at the time of separation avoids future conflicts, lengthy processes, and disputes in which assets are sold or managed without the consent of both.
Lawyer Ísis Souza Araújo emphasizes that the longer one waits, the greater the chance of complications arising, such as transfers of properties, sales of vehicles, or dissolution of joint businesses.
The STJ and STF’s decision to make the division of assets after divorce imprescriptible represents one of the most significant changes in family law in recent years.
Now, no ex-spouse loses the right to claim their share, regardless of the time elapsed since the separation.
Do you think this change, which guarantees the right to division even after decades, is fair, or do you believe there should be a time limit? Share your opinion in the comments — we want to hear from those who have gone through this situation.
Acho justo pois com o passar do tempo os envolvidos estão resolvidos , podendo de forma amigável fazer essa partilha sem mágoas do que passou.
literalmente ATÉ QUE A MORTE SEPARE mesmo