Direito Real de Habitação - Inadimplência de IPTU e Condomínio!!!

In this video, I explain when a widow or surviving partner may have problems with the right of habitation due to non-payment of property taxes (IPTU) and condominium fees. You will understand: what the requirements for the right of habitation are; when non-payment of property taxes and condominium fees weighs against the widow; when this does not automatically result in the loss of the right; and what legal precedents have been used by the courts. An essential topic for those who work in or study: probate, inheritance law, civil law, heirs, widows, condominiums, and property taxes. Cases cited in the video STJ – REsp 2.151.939/RJ – 3rd Panel – DJe 09/27/2024 / news published on 11/12/2024: admitted the mitigation of the real right of habitation in an exceptional situation, when the widow had sufficient resources and maintaining the right would generate unsustainable losses for the heirs. STJ – REsp 1.846.167/SP – 3rd Panel – judged on 02/09/2021, DJe 02/11/2021: reaffirmed that the real right of habitation has a protective, personal, and gratuitous character, preventing the termination of condominium ownership and the collection of rent while the right subsists. STJ – REsp 1.830.080/SP – 3rd Panel – decided on 04/26/2022 / news published on 05/19/2022: recognized that co-ownership prior to succession prevents the right of habitation, and the widow ended up subject to paying rent on the ideal share of the co-owning daughter. TJSP – AI 2177736-39.2021.8.26.0000 – 8th Chamber of Private Law – Judge Clara Maria Araújo Xavier – decided on 03/23/2022: the non-payment of IPTU (property tax) by the occupant was used as a relevant basis to uphold the denial of the right of habitation claimed by the partner. TJSC – AI 4014817-31.2018.8.24.0000 – 2nd Civil Law Chamber – Judge Jorge Luis Costa Beber – decided on 03/28/2019: precedent establishing that the beneficiary of the right to housing must bear the ordinary expenses related to the property, such as condominium fees and taxes linked to its use. TJSC – AI 4017679-38.2019.8.24.0000 – 1st Civil Law Chamber – Judge Sílvio Dagoberto Orsatto – published on 08/24/2023: the summary published in jurisprudence databases points to a discussion about IPTU (property tax) default, revocation of the right, and the need for prudence/notification of the possessor before reviewing the situation. Dr. Guilherme Collin OAB/RS 48.682 Phones: (51) 3228-1219 WhatsApp: (51) 99985-7991 If this content helped you, subscribe to the channel and share it with anyone facing probate, conflict between heirs, or a dispute over the right of habitation. I suggest watching: Husband Died! Can Widow Stay in the Property? Right of Habitation    • Marido Morreu! Viúva pode Ficar no Imóvel?...   Right of Habitation - Recent STJ Decision    • Direito Real de Habitação - Recente Decisã...   Does the Right of Habitation Pass to the New Spouse? https://youtube.com/live/6n-OvsMfTiM #rightofhousing #widowsrights #widowersrights #heirsrights #knowyourrights