Since September, The Courts Have Decided That The Right To Asset Distribution After Divorce Never Expires, Even After 10, 15, or 20 Years

Written by Bruno Teles

Published on 05/09/2025 at 13:13

Partilha de bens após o divórcio nunca mais prescreve, decide Justiça brasileira

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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.

ARTICLE CONTINUES BELOW

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.

2 Comments

most recent

older Most voted

GAB

#169235

05/09/2025 18:59

Acho justo pois com o passar do tempo os envolvidos estão resolvidos , podendo de forma amigável fazer essa partilha sem mágoas do que passou.

Respond

Sandro

#169218

05/09/2025 18:29

literalmente ATÉ QUE A MORTE SEPARE mesmo

Respond

Since September, The Courts Have Decided That The Right To Asset Distribution After Divorce Never Expires, Even After 10, 15, or 20 Years

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.

Who Can Claim the Division

How Long Does the Right Last

Where the Decision Most Impacts

Why the Change Was Necessary

Is It Worth Waiting or Resolving It Now?

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Since September, The Courts Have Decided That The Right To Asset Distribution After Divorce Never Expires, Even After 10, 15, or 20 Years

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.

Who Can Claim the Division

How Long Does the Right Last

Where the Decision Most Impacts

Why the Change Was Necessary

Is It Worth Waiting or Resolving It Now?

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He transformed an abandoned plastic water tank into an underground house in the “hobbit hole” style, using only repurposed pallet wood, without heavy machinery or expensive labor.

China transforms desert-devastated area into the world’s largest artificial forest, planting trees for 60 years, blocking sand that reached Beijing, and creating a “green lung” of 92,000 hectares in a region once considered lost.

Toyota launches “family hybrid van” with 7 or 8 seats, 1.8 hybrid engine, fuel consumption of up to 23.8 km/l, and a price equivalent to about R$ 104,000 without taxes, below the Tiggo 8 Pro Plug-in Hybrid sold in Brazil: meet the Noah Hybrid 2026 in Japan.

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