Property seizure and family home · SPD Advocacia
Was the family home seized? See if it is protected as a family home
Sole residential property, seizure, scheduled auction and exceptions in the law, such as rent guarantees and debts on the property itself.
Straight answer
Can the home where the family lives be seized?
A family's own residential property is exempt from seizure and does not answer for debts, except for the exceptions in Law 8,009/1990. These include the debt from financing the property itself, child support, property taxes and fees such as IPTU and condominium fees, a mortgage given as collateral by the family, and a guarantee in a lease contract. According to the STF, a guarantor's family home can be seized, whether the lease is residential or commercial (Theme 1,127). The protection also covers a person who lives alone.
What the law says
Key points
Property used as the family's residence.
Civil, commercial, tax or labor, with exceptions.
Financing, support, IPTU, condominium fees, mortgage and rental guarantee.
You may lose the property, according to the STF.
Source: Law 8,009/1990, arts. 1 and 3; STF, Theme 1,127; STJ Precedent 364.
What is your case?
Situations the firm handles
The family's only home
Request to recognize the family home.
Law 8,009/1990, art. 1Urgency
Request to suspend or annul the auction.
Case reviewStatutory exception
Seizure possible, according to the STF.
STF, Theme 1,127Debts on the property itself
Exception to non-seizability.
Law 8,009/1990, art. 3Single, widowed or separated
The protection also covers people who live alone.
STJ, Precedent 364Income used for housing
It may be protected depending on the case.
STJ, Precedent 486Step by step
How the firm works
- Deadline first. We check the date of service, notice or freeze and the deadline for the defense.
- Debt review. We check the instrument, amounts, interest, statute of limitations and assets protected by law.
- Defense or settlement. Defense in the lawsuit, release of frozen assets and, when worthwhile, a settlement or installment plan.
- Follow-up. Auctions, appeals and settlement with removal of restrictions.
Case review
Let's review your case
Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.
Common questions
Frequently asked questions
I have two properties. Is either one protected?
As a rule, the lowest-value one used as a home, unless another is registered as the family home.
Can I claim family home protection after the seizure?
Yes. The protection can be raised in the case, but it is better to act before the auction.
Is the beach house protected?
No, if it is not the family home.
I'm a guarantor and the tenant didn't pay. Will I lose my house?
The STF allows the seizure of a lease guarantor's family home. Even so, it is worth checking the contract and the amount being claimed.
Do you serve clients from other states?
Yes. The firm is based in Anápolis-GO and serves clients from every state online.
How much does it cost?
After the analysis, the firm sends a written fee proposal before any engagement.
