Can a Spouse’s Assets Be Used to Satisfy Debts?

Brazilian Superior Court of Justice Expands Discussion on the Attachment of a Spouse’s Assets in Enforcement Proceedings

A decision issued by the Brazilian Superior Court of Justice (STJ) in Special Appeal No. 2.145.365-SP, ruled on June 22, 2026, established an important legal position, expanding certain limits previously drawn in the enforcement of extrajudicial instruments regarding the extent to which assets jointly held by spouses may be subject to judicial attachment.

In summary, the decision establishes that, under the universal community property regime, the existence of jointly owned marital assets allows enforcement proceedings to reach assets belonging to the estate of the debtor’s spouse, even when the spouse is not a party to the proceedings, provided that the spouse’s respective share (meação) is preserved.Accordingly, there would be no legal impediment to the judicial attachment of such assets, provided that the limits corresponding to each spouse’s ownership interest are observed.

There is not yet a clear picture of how this decision may affect spouses married under the partial community property regime. It may nevertheless be argued that the same reasoning could apply, since this regime also establishes a common pool of assets between the spouses, with the distinction that such community generally arises from the date of marriage. Accordingly, subject to the preservation of each spouse’s meação and of assets acquired prior to the marriage, a spouse’s assets could also be subject to enforcement, regardless of whether that spouse is a party to the proceedings.

Thus, in practice, a spouse’s assets, to the extent corresponding to their meação, could be subject to enforcement in the same manner as the debtor’s assets, without the spouse first being required to become a party to the proceedings..

This understanding raises important considerations regarding the protection of family assets, particularly when viewed in the context of family-owned businesses. The need for preventive strategies to safeguard family wealth is becoming increasingly relevant. 

Against this backdrop, asset planning may serve as a means of providing greater protection for assets jointly held by spouses and for the family’s wealth as a whole. Through a range of legal and corporate measures, it may help mitigate the risks associated with business activities and protect family assets.