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STJ Decides That Partner’s Assets Can Be Used to Pay Debts of Partner, Including Overdue Alimony, Reinforcing the Priority of Children’s Rights.
The Superior Court of Justice (STJ) has consolidated an understanding that promises to have deep repercussions in family law and property disputes. In the judgment of Special Appeal No. 1.830.735/RS, the Court decided that, in regimes of property communion — partial or universal — the assets acquired during the union can be used to pay off the debts of the debtor. This even includes food debts, such as overdue alimony for children from previous relationships.
The decision marks a turning point: assets that were formally only in the name of the partner or spouse, but were acquired during the relationship, can now be seized to ensure payment of obligations.
The Weight of Property Communion
The STJ’s reasoning is based on a simple but impactful principle: in property communion, the assets are mixed. In other words, it doesn’t matter whose name the property, car, or any other asset is registered under — if it was acquired during the union, it is considered common property.
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This reasoning reinforces the idea that, along with the rights to enjoy the property, comes the responsibilities. If one of the spouses or partners incurs debts, including alimony, the combined assets are liable for these obligations.
The Fight Against Maneuvering to Conceal Assets
The decision also has a practical effect against strategies for asset shielding. Many debtors, when accumulating debts, transferred assets to their partners’ names as a way to escape judicial collection.
The STJ made it clear that such maneuvering will no longer be effective: if the assets were acquired during the union, they may be subject to seizure.
This position strengthens the legal system against fraud and brings more security to creditors, especially in cases of alimony, where children’s sustenance is at stake.
The Absolute Priority of Alimony
One of the strongest points of the judgment was the reaffirmation of the priority nature of alimony. For the STJ, this type of obligation is essential and must prevail over any attempt at property dispute.
The Court emphasized that the right to survival and development of children and adolescents cannot be compromised by strategies of asset concealment.
Thus, the decision is not merely technical: it carries a strong social component, reaffirming that children have the right to a dignified life, and that the responsibility to provide this sustenance is above any disputes between adults.
The Practical Impact of the Decision
In practice, the STJ’s decision means that partners and spouses in property communion may have their assets seized to cover the debts of their partner. This includes properties, vehicles, and other assets registered during the relationship.
This is an important warning for couples: entering into a stable union or marriage under a property communion regime does not only imply sharing achievements but also dividing responsibilities, including financial ones.
Family, Property, and Social Responsibility
More than resolving a specific case, the STJ reinforced a greater principle: the social function of the family. Coexistence is not only a space of affection but also of shared property responsibilities.
By ensuring that alimony debts can be collected even against common assets, the Court signals that the duty to care for children cannot be downplayed.
The judgment also broadens the discussion on how far partners and spouses should be liable for each other’s debts, showing that the law seeks to balance family protection with social justice.
The STJ’s message is clear: those who owe alimony cannot hide behind property loopholes. If children’s sustenance is at risk, the Justice system has the duty to act to ensure that the right is fulfilled.
By consolidating this understanding, the court reinforces the seriousness of the alimony obligation and combats delinquency, showing that attempts to conceal assets will no longer have a place.
E para a mulher que não tem filhos. Casar com um homem que tem filhos. Ela trabalha juntamente com ele para construí a vida. Ou ela já tem. Essa lei lei vai valer pra ela também? Mulherada solteira vamos nos cuidar mais. Fique esperta mais ainda. Já tenho medo de arrumar alguém agora que vou ficar mais ainda. Pois sempre trabalhei. Nunca dependir financeiramente de homem para viver. Imaginas trabalho, construo minhas coisas caso com homem que tem filhos e tenho que dar o que é meu para os filhos dele? Acho uma injustiça. A justiça tem que analisar bem esse caso. Pois muitos homens podem se aproveitar de casar com mulheres que tem as coisas para pagar as dividas dele. Acho errado. Se for do relacionamento anterior tudo bem. Que foram construídos juntamente com a mãe das crianças acho certo. Meu Deus é cada lei mulherada antes de entrar em um relacionamento abram os olhos.
Gostei ! Dessa forma, só vai entrar na vida do outro(a), aquelas pessoas honestas e que queiram construir uma vida a dois, sem interesse no que o outro tem. Agora tudo pertencerá aos dois! Nada mais que correto! O melhor é construírem juntos! Parabéns ao STJ, aplicador dessa Lei!
Ninguém comentou sobre a intenção real sobre essa decisão, se o marido ou a mulher abre um comércio, vai ao banco pega dinheiro emprestado e uma tragédia acontece, o banco ou fornecedores que venderam produtos para um deles vai entrar na justiça para penhorar os bens do casal.
Ou será que estou enganado.
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