A man filed a lawsuit after the end of his relationship, requesting rent arbitration against his ex-wife because she was using exclusively the property that belonged to the couple.
In the first instance, the action was dismissed, as the judge understood that the division of assets had not yet been made, which, according to the judge, would be a requirement to enable compensation for the exclusive use of the property.
The decision was overturned in the second instance by the Court of Justice of the State of São Paulo (TJSP), which ordered the payment of rent by the ex-wife in order to disprove illicit enrichment.
However, the Superior Court of Justice (STJ) when assessing the case understood that no compensation would be due given that the property belonging to the former spouses was also serving as a home for their common daughter.
According to Justice Nancy Andrighi, the reporting judge on the case, the lack of division of property would not prevent rent arbitration. However, she emphasized that the fact that their common daughter lives in the property precludes exclusive use by the ex-wife, noting that alimony obligations can be determined in kind.
Furthermore, in the case in question, the division of property was still being discussed as to what percentage of the property belonged to each of the former spouses.
