Atlas · Governance
180-day lapse period for co-owners to claim parts sold to strangers without their knowledge
AnswerCo-owners have 180 days to judicially claim indivisible parts sold to strangers, facing lapse of rights.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Consequence | Source | Data date |
|---|---|---|---|---|
| Co-owner | Sale of indivisible part to stranger without knowledge | Right of preference to acquire part, depositing price, if requested within 180 days | Lei 10.406/2002, art. 504 | 10/01/2002 |
Data consulted on 02/10/2026.
Basis
- Lei n.º 10.406/2002 (Civil Code, Planalto, in Portuguese): Art. 504 establishes that a co-owner not notified of the sale of their indivisible part to a third party may acquire it by depositing the price, provided they do so within 180 days of learning of the sale, under penalty of lapse.
How it applies
The 180-day deadline for a co-owner to exercise the right of preference over the indivisible part sold to strangers runs from the moment they become aware of the sale. Exercising this right requires prior deposit of the price and is exclusive to the unnotified co-owner. If there are multiple co-owners, the one with greater value in improvements or larger share prevails; in case of equality, all may claim the part by depositing the price.
Limits
- The 180-day period is decadence-based, not prescriptive: it does not allow for interruption or suspension.
- Applies only to the sale of an indivisible part to strangers (non-co-owner third parties).
- The co-owner must act after knowledge of the sale, not from the date of the transaction.
- Does not apply to building condominiums (governed by Lei 4.591/1964), but only to general co-ownership (art. 1.314 *et seq.* of the Civil Code).
- Subsequent amendments to Lei 10.406/2002 must be verified on Planalto, in Portuguese.