Acórdão nº 386-15.2T8MFR.L2-8 de Tribunal da Relação de Lisboa, 11 de Janeiro de 2018
Magistrado Responsável: | CARLA MENDES |
Data da Resolução: | 11 de Janeiro de 2018 |
Emissor: | Tribunal da Relação de Lisboa |
Decisão Texto Parcial:
Acordam na 8ª secção Tribunal da Relação de Lisboa.
Relatório: S... intentou acção especial de divisão de coisa comum contra A... pedindo que se procedesse, nos termos do art. 925 CPC, à adjudicação ou venda da coisa comum, por indivisível, com repartição do respectivo valor no qual seja tido em conta o crédito de € 2.971,12.
Alegou, em suma, que autora e réu são comproprietários de metade indivisa para cada um do prédio urbano para habitação, sito em Mafra, tendo para a sua aquisição contraído empréstimo bancário, garantido por hipoteca voluntária a favor da Caixa Económica Montepio Geral.
O imóvel é indivisível e a autora não pretende manter-se na indivisão.
O imóvel foi dado de arrendamento, em 26/4/2013, sendo que a renda se destinava, em parte, para a amortização do empréstimo, pagamento do IMI.
Desde Junho de 2014 até hoje, o réu tem-se apropriado do valor da renda € 162,24 (remanescente após o pagamento da prestação ao Banco), metade do qual pertence à autora.
Assim, tem a autora a haver do réu um crédito no valor de € 2.971,12.
Na contestação o réu impugnou o valor da causa, excepcionou a não igualdade das quotas, afirmando que a sua quota é de 69,92%, concluindo pela procedência da excepção fixando-se a quota em 69,92%, o crédito do réu sobre a autora no valor de € 17.703,74, referente à quota a que o réu tem direito e nas rendas recebidas pela autora entre Novembro de 2010 e Maio de 2014 ou, caso assim se não entenda, e se julgue a excepção improcedente, fixando-se a quota em 1/2 conforme peticionado pela autora, deverão reconhecer-se ao réu os créditos sobre a autora nos valores de € 52.373,78 e de € 4.250,53, referentes, respectivamente, a metade dos valores pagos pelo réu para aquisição do imóvel, em momento anterior ao casamento, e a metade das rendas recebidas pela autora entre Novembro de 2010 e Maio de 2014.
No que à excepção respeita alegou, em suma, que suportou o pagamento de € 52.373,78 – valor ainda por pagar atento o valor da aquisição do imóvel e empréstimo contraído – e ainda suportou o pagamento das 12 primeiras prestações do crédito bancário no montante total de € 4.250,53.
Quanto à reconvenção sustentou que, entre Novembro de 2010 e Abril de 2013, a autora recebeu o montante de € 600,00/mensais de rendas referentes ao arrendamento do imóvel, somando € 18.600,00, e que entre Abril de 2013 e Maio de 2014, recebeu o valor de € 480,00/mês referente a rendas, cuja soma perfaz € 6.720,00.
Tendo por base a quota do reconvinte de 69,92%, o seu crédito face à autora é de € 17.703,74.
Caso assim se não entenda, tendo por base a quota de 1/ 2, tem a haver da autora o valor de € 52.373,78 e € 4.250,53, por constituir a medida de enriquecimento sem causa por parte da autora em detrimento do reconvinte.
Deve ainda ser reconhecido, por consubstanciar enriquecimento sem causa da autora, e tido em conta na repartição do valor resultante da venda ou adjudicação do imóvel, o crédito do réu em face da autora, do valor das rendas recebidas pela autora entre Novembro de 2010 a Maio de 2014, que se computa em € 12.695,00.
Em 31/3/2016, foi proferido despacho que ordenou o...
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