Imobiliário
Páginas | 39-40 |
Page 39
Agravo de Instrumento. Ação de cobrança de cotas condominiais. Ex-casal. Co-proprietários. Litisconsórcio facultativo unitário. Opção do credor. 1. A agravante e o réu da ação de cobrança vêm a ser apenas co-proprietários do imóvel, uma vez que a primeira se qualificou nos autos como divorciada, não havendo que se falar em aplicação do art. 10, par. 1., incisos I e II, do Código de Processo Civil. 2. Nas ações de cobrança por cotas condominiais a co-propriedade do imóvel não gera um litisconsórcio passivo necessário, mas sim um litisconsórcio facultativo unitário, podendo o condomínio autor cobrar por inteiro as despesas condominiais em atraso de qualquer um dos co-proprietários. 3. Ademais, como corretamente asseverou o MM. Juiz de Direito a quo, obrigatoriamente há que se respeitar a meação da ex-cônjuge. 4. Agravo desprovido. (TJ/RJ - Ag. de Instrumento n. 22097/2006 - Comarca do Rio de Janeiro - 11a. Câm. Cív. - Ac. unân. - Rel.: Des. Roberto Guimarães - j. em 10.01.2007 - Fonte: DJ/RJ, 31.01.2007).
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