Questão jurídica principal
Whether the husband could demand partition and auction sale of the co-owned villa despite the wife's abuse-of-right objection
Decisão extraída
The co-owner's right to demand partition applied; the wife's abuse-of-right objection failed because it relied on facts not established and on matters already finally decided in the divorce proceedings.
Fundamentação extraída
Upon divorce, co-ownership is governed by the ordinary rules on partition, and no inopportune timing or durable purpose prevented partition. The wife's accusations either contradicted the binding findings, attacked evidence assessment inadmissibly, or were covered by res judicata from the divorce judgment.