The determination that singer Lexa will have to pay a debt owed by her husband, MC Guimê, contracted before their marriage may be strange, but there is support in Brazilian legislation, according to experts.
The Court of Justice of São Paulo (TJ-SP) ruled as unfounded an action taken by the singer to avoid the seizure of her assets, alleging that the funk artists got married under the universal community of property regime.
According to the decision of judge Bruno Paes Straforini, although the appeal claimed that they were separated at the time it was presented, until now there had been no sharing of assets.
“As narrated by the plaintiff herself [Lexa], married the defendant under the universal community of property regime. Despite the divorce between the parties, he did not divide the assets. Therefore, your assets will have to answer for your ex-spouse’s debts. [MC Guimê]under the terms of the Civil Code”, says the decision.
Lexa and Guimê got married in 2018 and the debt referred to in the decision was incurred in 2016.
Before getting married, the singer purchased a property in Alphaville, a luxury condominium in Greater São Paulo, but he did not pay all the installments and owed R$777,000.
In addition to having the action denied, the singer was also ordered to “pay expenses and legal fees, amounting to 10% of the value of the case”.
Wanted by CNN the singer’s publicist stated that she will not comment on the matter at the moment.
How are debts in the universal community of goods?
Under the universal community of property regime, all the couple’s assets are considered common, including those acquired before the marriage, as well as debts made during the marriage.
In relation to debts prior to the union, the Civil Code determines, in its article 1668, that they will be excluded from communion, unless they are intended for marriage preparations or are used for the common benefit of the couple.
This is why situations must be analyzed individually — it is possible that one of the parties will have to pay debts made by the other, while single —, according to information from Serasa.
Lawyer Daniela Mucilo, a specialist in Family and Succession Law, explains that the couple chooses the property regime when they register for marriage. The agreement may be for universal or partial communion of assets, separation of assets or final participation in matters.
“The registry office advises on the rules of each regime, in general, but it is always advisable, if you have specific doubts, to consult a lawyer specialized in the family area”, says the lawyer.
In the case of divorce, Mucilo adds that, as a rule, “if the debts were made during the marriage and for the benefit of the family (of the couple), they can be recovered even when separated”.
According to the Civil Code, once the couple divorces, and the assets and debts have been divided, “the responsibility of each spouse towards the creditors of the other will cease”.
*Published by Renata Souza, from CNN. With information from Lyncon Pradella, in collaboration with CNN
Source: CNN Brasil
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