Can an heir become a condominium debtor even if they haven't received the property?

11 de December de 2024, às 22:26 Alcemir Junior
In an action to collect condominium debts, the Superior Court of Justice (STJ) ruled that the heirs who co-own the property are jointly and severally liable for the condominium debt, even if the debt exceeds each heir's share of the estate and was incurred before death. Therefore, even if the amount of the debt is greater than the share received in the inheritance by an heir, he or she is still obliged to pay the debt. In this context, a situation of "debt inheritance" is characterized.
This is due to the propter rem nature of condominium obligations and, in the case in question, the formation of a condominium between the heirs, which established solidarity between the co-owners of the shared property. It is important to note that the condominium owner who settles the debt in full has the right to recover the amounts paid from the other co-obligors through the right of recourse.