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The 3rd Group’s Decision Ensures That Widows and Widowers Have Priority to Remain in the Home, Even in the Face of Disputes Among Heirs.
The STJ decided that the right of residence assured to the surviving spouse prevents both judicial sale and the termination of the condominium on the occupied property. The measure was defined by the 3rd Group in a judgment reported by Minister Nancy Andrighi, who classified the protection as a humanitarian and social act.
According to information from Conjur, the case analyzed involved a widow living in the family’s urban property, which was the target of a lawsuit filed by heirs interested in dividing the assets and collecting rents.
The decision reinforces that the survivor’s stay in the family residence is a right guaranteed by the Civil Code and the Constitution.
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Right of Residence as a Guarantee of Housing
Minister Nancy Andrighi highlighted that Article 1,831 of the Civil Code and Article 7 of Law 9,278/1996 grant the surviving spouse the right to remain in the property used as the family’s residence.
This right is lifetime and personal, meaning it cannot be transferred or conditioned to registration in a registry office.
According to Conjur, the understanding aims to prevent the loss of a partner from being followed by a second trauma: the compulsory exit from the home.
For the rapporteur, this is a measure to protect human dignity, which should prevail even in the face of potential reductions in the property rights of other heirs.
The Specific Case Judged by the STJ
The dispute began when one of the deceased’s daughters sued for the termination of the condominium and collection of rents. Two properties were in question: a rural property and an urban property where the widow resided.
The first instance fully accepted the requests. The São Paulo Court of Justice recognized the widow’s right of residence over the urban house but maintained the possibility of terminating the condominium.
Displeased, the party appealed to the STJ, which rejected the termination of the condominium regarding the occupied property, preserving the widow’s right to reside.
Impacts of the Decision for Heirs and Families
According to the 3rd Group, the restriction imposed on the other heirs is legitimate because it serves the greater interest of protecting the family.
Thus, as long as the right of residence is in force, it is not possible to sell the property or demand rent from the surviving spouse.
The decision reinforces precedents already established by the court, consolidating the interpretation that the residence of the surviving spouse has priority over patrimonial interests.
For specialists, this expands legal security and reduces disputes that could further weaken grieving families.
The decision of the STJ reinforces the social function of the right to residence, ensuring that widows and widowers are not required to leave their homes due to succession conflicts.
This is a reaffirmation that the dignity of the human person must prevail over merely economic interests.
And you, do you agree with this interpretation of the STJ? Do you think that the protection of housing should take precedence over the property rights of heirs? Leave your opinion in the comments — we want to hear from those who have faced or are following such cases.
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