Acórdão nº 10814/09.0TBVNG.P1 de Court of Appeal of Porto (Portugal), 07 de Dezembro de 2011
Magistrado Responsável | PEDRO LIMA COSTA |
Data da Resolução | 07 de Dezembro de 2011 |
Emissor | Court of Appeal of Porto (Portugal) |
Processo 10814/09.0TBVNG Juiz Relator: Pedro Lima da Costa Primeiro Adjunto: Des. Filipe Caroço Segundo Adjunto: Des. Maria Amália Santos Acordam os Juízes do Tribunal da Relação do Porto.
Entre outros elementos, a autora invoca que o casamento ocorreu em 7/7/2003, que não têm filhos comuns e que estão separados de facto desde, pelo menos, Março de 2009, tendo o réu saído da casa de morada de família, sita em Vila Nova de Gaia, para ir viver em Lisboa.
Na tentativa de conciliação os cônjuges declararam que era intenção de cada um deles divorciarem-se, mas não estavam acordados nas matérias de alimentos entre os cônjuges, atribuição da casa de morada de família e elenco dos bens comuns.
Não obstante essas divergências, o processo passou a seguir os termos do divórcio por mútuo consentimento, nos termos dos arts. 1778-A e 1779 do Código Civil (CC).
Formula as seguintes conclusões: a) A casa de morada de família é propriedade do Recorrente; b) O Recorrente está desempregado, auferindo um valor mensal de € 460,00; c) O Recorrente tem uma despesa mensal fixa que, actualmente, ascende a € 205,00, para a aquisição da sua casa, que é a casa de morada de família; d) O Recorrente tem, por isso, uma situação mensal patrimonial líquida no valor de € 255,00, com a qual tem de que fazer face a todas as despesas de saúde, alimentação, vestuário, água, luz, telefone, entre outras; e) O Recorrente não tem qualquer outra habitação para onde possa ir morar...
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