Family homestead given as real estate bond

In Brazil, the Superior Court of Justice enforced the interpretation that the hypotheses of exception due to the rule of “unleviable of family homestead” are exhaustive.

Although the Brazilian law nº 8.245/91 prescribes that there is an exception to the general rule of “unleviable family homestead”, in cases of obligation due to the bail given on rent contract, the Superior Court of Justice in Brazil decided that the bail and the real estate bond are two different institutes, in other words: the real property offered as real estate bond to rental collateral is unleviable.

In contrast, a homestead given as real estate bond can be leviable.