When can a property not be put up for auction?
Posted: Sat Apr 05, 2025 8:01 am
Art. 1º The residential property owned by the couple, or by the family entity , is unattachable and will not be liable for any type of civil, commercial, tax, social security or other debt, contracted by the spouses or by the parents or children who are its owners and reside therein, except in the cases provided for in this law. (Law No. 8,009/1990)
In other words, the property intended for the family entity's residence, as long as it is the only one, cannot be seized and, therefore, cannot be auctioned , subject to legal exceptions.
However, as we mentioned in the previous topic, there are mobile phone number data updated 2025 some exceptions to the non-attachability of family assets, which are provided for in art. 3 of Law No. 8,009/1990:
Art. 3º The non-attachability is opposable in any civil, tax, social security, labor or other nature enforcement proceedings, unless brought:
I – (Revoked)
II – by the holder of the credit arising from financing intended for the construction or acquisition of the property, within the limits of the credits and additions established in accordance with the respective contract;
III – by the creditor of the alimony, safeguarding the rights, over the property, of his co-owner who, with the debtor, is part of a stable or conjugal union, observing the cases in which both will be liable for the debt;
IV – for the collection of property or land taxes, fees and contributions due in relation to the family property;
V – for the execution of a mortgage on the property offered as real guarantee by the couple or the family entity;
VI – for having been acquired with the proceeds of crime or for the execution of a criminal sentence requiring compensation, indemnity or forfeiture of assets.
VII – due to an obligation arising from a guarantee granted in a lease agreement.
In the cases provided for by law, therefore, the property may be seized even if it is a family asset.
In other words, the property intended for the family entity's residence, as long as it is the only one, cannot be seized and, therefore, cannot be auctioned , subject to legal exceptions.
However, as we mentioned in the previous topic, there are mobile phone number data updated 2025 some exceptions to the non-attachability of family assets, which are provided for in art. 3 of Law No. 8,009/1990:
Art. 3º The non-attachability is opposable in any civil, tax, social security, labor or other nature enforcement proceedings, unless brought:
I – (Revoked)
II – by the holder of the credit arising from financing intended for the construction or acquisition of the property, within the limits of the credits and additions established in accordance with the respective contract;
III – by the creditor of the alimony, safeguarding the rights, over the property, of his co-owner who, with the debtor, is part of a stable or conjugal union, observing the cases in which both will be liable for the debt;
IV – for the collection of property or land taxes, fees and contributions due in relation to the family property;
V – for the execution of a mortgage on the property offered as real guarantee by the couple or the family entity;
VI – for having been acquired with the proceeds of crime or for the execution of a criminal sentence requiring compensation, indemnity or forfeiture of assets.
VII – due to an obligation arising from a guarantee granted in a lease agreement.
In the cases provided for by law, therefore, the property may be seized even if it is a family asset.