Property acquired by only one spouse must be shared
11 de December de 2024, às 22:26
Alcemir Junior
The case judged by the STJ reaffirmed the understanding that, in the partial community of property regime, it does not matter if only one of the spouses contributed financially to the acquisition of the property, since the contribution to the family can be of both material and immaterial origin, such as caring for the children and the home, for example.
The STJ's own understanding is that during the course of the marriage under the partial community of property regime, there is recognition of the right to the property, regardless of the actual financial contribution to its acquisition.
However, the situations of subrogation and substitution of assets belonging to only one of the spouses must be observed, as well as the hypotheses of exclusion of assets considered to be professional instruments, in order to know whether or not the case is one of compulsory sharing.
To find out more, consult lawyers specializing in family law and receive better guidance for your property and family decisions.
The STJ's own understanding is that during the course of the marriage under the partial community of property regime, there is recognition of the right to the property, regardless of the actual financial contribution to its acquisition.
However, the situations of subrogation and substitution of assets belonging to only one of the spouses must be observed, as well as the hypotheses of exclusion of assets considered to be professional instruments, in order to know whether or not the case is one of compulsory sharing.
To find out more, consult lawyers specializing in family law and receive better guidance for your property and family decisions.
