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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.

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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

Housing

Property used as the family's residence.

Any debt

Civil, commercial, tax or labor, with exceptions.

Exceptions

Financing, support, IPTU, condominium fees, mortgage and rental guarantee.

Guarantor

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

House seized

The family's only home

Request to recognize the family home.

Law 8,009/1990, art. 1
Auction scheduled

Urgency

Request to suspend or annul the auction.

Case review
Rental guarantor

Statutory exception

Seizure possible, according to the STF.

STF, Theme 1,127
Condo fees and IPTU

Debts on the property itself

Exception to non-seizability.

Law 8,009/1990, art. 3
Person living alone

Single, widowed or separated

The protection also covers people who live alone.

STJ, Precedent 364
Rented property

Income used for housing

It may be protected depending on the case.

STJ, Precedent 486
This page provides general information, does not replace an analysis of the case and there is no guarantee of results.

Step by step

How the firm works

  1. Deadline first. We check the date of service, notice or freeze and the deadline for the defense.
  2. Debt review. We check the instrument, amounts, interest, statute of limitations and assets protected by law.
  3. Defense or settlement. Defense in the lawsuit, release of frozen assets and, when worthwhile, a settlement or installment plan.
  4. Follow-up. Auctions, appeals and settlement with removal of restrictions.
+5 thousand cases handledTen years of law practicePractice before the STJ and the STFFeatured in G1, UOL, Estadão and TV Globo

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.