A usucapião por abandono do lar familiar e a sua constitucionalidade

Abstract

The Law no. 12,424 / 2011, which regulated the Program My home, my life, also added to the Civil Code a new form of special urban adverse possession, which in turn received the name of family adverse possession. This new institute enables the former spouse or former partner to acquire property owned by the couple only by proving that the other consort has voluntarily and unjustifiably left the home. Thus, protecting the right to housing of family members who stayed in the property, bearing the costs of maintenance and conservation of the property.