Portuguese 
English 
Spanish 
3 min of reading 
24 comments 
New Judicial Guideline Establishes Technical Parameters for Family Asset Liability in Executions
On October 7, 2025, the Superior Court of Justice defined a new understanding in the judgment of Special Appeal 2.195.589, reported by Minister Nancy Andrighi.
With this decision, the court authorized the inclusion of the spouse in the passive side of executions, even without a signature on the contract, when the debt was incurred during the marriage and intended for family maintenance.
This understanding, therefore, changed the way the couple’s assets can be used to satisfy judicial obligations.
The case gained prominence because the title had only been signed by one of the spouses.
However, the STJ reinforced that, in partial and universal community property regimes, there is an absolute presumption of joint effort, according to articles 1.658 to 1.671 of the Civil Code.
For this reason, the assets formed during the marriage are presumed to be intended for the family nucleus.
Technical Investigation Reveals Foundations Behind the New Understanding
In the vote presented, the rapporteur highlighted articles 1.643 and 1.644 of the Civil Code, which deal with joint liability for incurred debts for household economy.
Consequently, common property can be pursued when there is evidence that the obligation benefited the family group.
However, the minister clarified that there is no automatic liability.
Therefore, the included spouse can demonstrate that the debt did not benefit the couple.
They can also prove that certain assets are non-communicable.
-
The Senate approves a bill that criminalizes misogyny, hatred, or aversion towards women, and includes the crime in the Racism Law with a penalty of up to 5 years.
-
Chamber Approves Bill That Allows Pepper Spray for Women Over 16 and Imposes Strict Rules for Purchase, Possession, and Use as Self-Defense
-
Chamber Approves Law to Combat Leucaena, Fast-Growing Plant That Dominates Land and Threatens Native Species in Various Regions of the Country
-
Asset Division: Know What Cannot Be Divided in Case of Divorce
With this understanding, amounts in bank accounts, properties, vehicles, and family assets can be utilized in execution, as long as they are linked to the family’s economy.
Thus, experts claim that the new understanding seeks to balance the effectiveness of collection with the preservation of family assets.
Practical Impacts and Procedural Risks of the New Guidance
The decision increases the efficiency of executions, though it raises technical concerns within the legal community.
This happens because the Code of Civil Procedure determines that only those who signed the title can be executed, except in specific cases provided by law.
For this reason, some jurists warn of the risk of violation of property rights and due process.
These concerns arise especially when there is no sufficient evidence of the family purpose of the debt.
In this context, the need for concrete evidence becomes essential.
As a result, lawyers must demonstrate the origin of the obligation, its use, and its direct relation to the family entity.
Similarly, the Judiciary must act with proportionality to avoid abuses and protect those who did not participate in the legal transaction.
Asset Tension and Guidelines for Responsible Application
With this understanding, the STJ deepens the debate on family responsibility in executions.
The court, in turn, reinforces the importance of a legal governance that prevents automatic decisions disconnected from the reality of each family.
For this reason, the guideline requires detailed analysis, balance, and transparency.
Consequently, the inclusion of the spouse should only occur when there is solid evidence of benefit to the family group.
In this scenario, an essential question arises: how to balance the satisfaction of credit and the protection of family assets in increasingly complex executions?
Provavelmente isso deve ser pressão das seguradoras. E os juízes gostam de agradar os empresários.
Lobby dos bancos. Grave risco de violação ao direito. Há que se observar mais a letra da lei, sob pena de banalização do que foi legislado.
Deveria alcançar os filhos tbm pois em algumas ocasiões os país colocam bens nos nomes deles para se blindarem
Engraçado que dívida pode
Herdar né… que se virem os 2 porém, se a mulher ficar viúva querem q ela nao tenha direito … vai entender isso
Pois é agora querem tirar a viúva de ser herdeira herda só as dívidas engraçado mesmo isso já virou piada…