There is a new measure approved that could change the way inheritances are resolved in Portugal, especially in cases where assets remain idle for years due to a lack of agreement between heirs. The decision comes in a context of increasing pressure on the housing market, where properties remain out of circulation due to family processes that do not reach a consensus.
According to the executive, the objective is to create mechanisms that allow overcoming these prolonged impasses, maintaining the balance between individual rights and the need to use assets.
After two years, it can move forward without everyone’s agreement
The main change provides that one or more heirs can trigger the sale of properties, even without the agreement of everyone involved, after a minimum period of two years of undivision.
According to statements by the Prime Minister, Luís Montenegro, this solution aims to respond to situations in which the lack of understanding prevents any decision for long periods. The measure applies to both urban and rural properties, covering different types of assets.
A Problem Keeping Homes Off the Market
Many properties remain unused for years due to conflicts between heirs, which contributes to the shortage of supply in the real estate market.
According to the same source, the government’s intention is to allow these assets to be used again, either through sale or placing them on the rental market. This prolonged blockade has been identified as one of the structural obstacles to the dynamization of housing in Portugal.
Property rights remain safeguarded
Despite the change, the Government emphasizes that this is not a limitation of property rights. According to Luís Montenegro, the aim is to create a mechanism that allows resolving impasses, without taking away the rights of the remaining heirs.
The intervention seeks to balance individual interests with the need to avoid situations of stagnation.
Measures included in a broader package
The change is part of a larger set of measures related to the housing sector. The Council of Ministers also approved tax incentives for renting and selling moderately priced homes, including reducing the VAT rate to 6% in construction.
According to the same source, the final text of the Urbanization and Building Legal Regime was also approved, which is now headed for promulgation.
What changes in practice
With this new rule, the possibility of resolving situations that until now could continue indefinitely opens up. Instead of depending on unanimity among all heirs, there is now a way to move forward after a certain period. This could speed up processes and reduce the number of properties sitting idle.
When it comes into force
Despite having already been approved, the measure will still have to comply with legal procedures until its application. According to the same source, the diploma will be submitted for promulgation and subsequently published. Only after this process will it begin to produce practical effects.
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