A recent ruling by the Regional Labor Court of the 2nd Region (TRT-2) reinforces a key point in property law: assets registered in a spouse’s name may be seized to satisfy the other spouse’s debts, especially when there is no clear evidence of the marital property regime adopted by the couple.

In the case under review, a vehicle registered in the wife’s name was seized to cover a labor debt owed by the husband. The attempt to prevent the seizure was unsuccessful because there was no proof of a complete separation of assets, leading the court to presume the existence of joint ownership.

TRT-2 held that the fact the asset is formally registered in the name of only one spouse is not enough to prevent seizure when there are indications that the asset is part of the couple’s joint property. Additionally, the court emphasized that, since the vehicle is an indivisible asset, seizure is permitted while preserving the right to half ownership, which must be considered when the asset is sold in a judicial auction.

The ruling highlights the importance of property organization and documented proof of the marital property regime, especially in scenarios involving financial or business risk. In the absence of such proof, family assets may be subject to enforcement proceedings, even if the spouse was not directly involved in the legal relationship that led to the debt.

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