Can a Co-Owner Force the Sale of a Property in Portugal? Rules
Yes. In most cases, a registered co-owner can ask a Portuguese court to bring the co-ownership to an end, even when another owner refuses to sell or agree to a buyout.
The court does not normally begin by simply forcing an immediate sale. It first determines the ownership shares and considers whether the property can be legally and physically divided. If division is not possible, the owners may agree that one of them keeps the property and compensates the others. If no agreement is reached, the court can order the property to be sold and divide the proceeds according to each owner’s share.
However, an inherited property that is still part of an undivided estate is legally different from ordinary co-ownership. In 2026, Portugal advanced a legislative reform intended to create a new procedure for selling specific properties trapped in long-running undivided inheritances. As of this article’s latest update, that new process was not yet operational.
At RE/MAX Cidadela, we regularly see disagreements involving former couples, siblings, foreign heirs and investment partners. The legal route matters, but so does the financial strategy: a negotiated sale or fair buyout usually preserves more value than a court-supervised sale.
Quick Summary
Can a Co-Owner Force the Sale of a Property in Portugal?
A co-owner cannot ordinarily sign a private contract to sell the entire property without the participation of the other owners. However, that does not mean the other owners can force them to remain in the arrangement forever.
Article 1412 of the Portuguese Civil Code establishes the general principle that no co-owner is required to remain in indivision, except where a legally valid agreement temporarily maintains that indivision. The procedural route for ending the arrangement is the ação de divisão de coisa comum, regulated by Articles 925 to 930 of the Portuguese Code of Civil Procedure.
Therefore, one owner cannot normally force the others to sign an ordinary estate-agent listing agreement or private sale contract. What that owner can do is ask the court to terminate the co-ownership.
The eventual result may be:
How Does a Judicial Division of Common Property Work?
The process begins when one co-owner files a claim against the remaining owners. The applicant asks the court to confirm the respective ownership shares and to end the indivision.
1. The court confirms the ownership shares
The Land Registry, purchase deed, matrimonial-property history and other relevant documents are examined to determine who owns the property and in what proportions.
A dispute over the size of the shares, the source of the purchase funds or the existence of an unregistered agreement can make the case significantly more complex.
2. The court considers whether the property is divisible
The relevant question is not simply whether the building could theoretically be separated by a wall. The division must also be legally and urbanistically possible.
A large plot may sometimes be divided into separate parcels. A building may, in appropriate cases, be converted into autonomous units under horizontal property ownership. An ordinary apartment or single-family home, however, will often be indivisible in substance.
The court can use expert evidence to decide whether a legally valid division is possible.
3. The owners may agree on a buyout
If the property is indivisible, the court holds a conference intended to determine whether one or more owners are willing to keep it.
The owner retaining the property must compensate the others for their respective shares. In Portuguese, these balancing payments are commonly known as tornas.
This is often the most sensible resolution when:
4. The property may be sold if there is no agreement
If the property is indivisible and no agreement is reached for it to be awarded to one or more co-owners, Article 929 of the Code of Civil Procedure provides for its sale. The co-owners themselves may also participate in the sale.
The net proceeds are then allocated according to the respective ownership shares, after dealing with applicable costs, secured debts and other claims.
The exact sale method depends on the procedure and the court’s directions. It is therefore more accurate to refer to a judicial or court-supervised sale than to assume that every case will end in a traditional public auction.
What Happens If One Co-Owner Refuses to Sell?
A refusal can prevent a normal voluntary sale because the entire property cannot usually be transferred without all registered owners participating.
However, the refusal does not normally prevent another co-owner from starting a judicial division action.
The refusing owner may still challenge issues such as:
What the refusing owner generally cannot do is oblige another co-owner to remain in the co-ownership indefinitely.
This distinction is important:
A co-owner may be able to delay or contest the process, but cannot normally create permanent co-ownership simply by refusing every proposed solution.
Can a Co-Owner Sell Their Share Instead?
A registered co-owner can generally sell their quota in the property without selling the entire property.
However, selling a share is not the same as selling a physically defined part of the house. A person who owns 50% of a property does not automatically own a specific bedroom, floor or half of the garden. The quota normally represents an ideal share in the property as a whole.
The remaining co-owners also generally have a statutory right of first refusal when a quota is sold to an outside buyer. This means they must be informed of the intended sale and given the opportunity to purchase under the same essential conditions.
Selling only a quota can be difficult in practice. External buyers often apply a substantial discount because they are acquiring:
For that reason, selling the whole property voluntarily or arranging an internal buyout will usually generate a better result than selling an isolated ownership share.
Can a Former Partner Force the Sale After Separation?
The answer depends on how the property is legally owned.
Unmarried couples
When an unmarried couple buys a property together and both partners are registered owners, the normal co-ownership rules generally apply.
If one person wants to sell and the other refuses to sell or buy them out, either owner may seek judicial division of the common property.
Married couples under separation of property
Where the spouses own registered shares under a separation-of-property regime, the situation may also be dealt with under ordinary co-ownership rules, depending on the circumstances.
Property forming part of the marital estate
Where the property belongs to the spouses’ common marital estate, it will normally need to be dealt with through the formal division of matrimonial assets, known as partilha, following the divorce.
The legal characterisation should be confirmed before any action begins. A property that appears to be a simple 50/50 co-ownership may in fact be governed by matrimonial-property rules.
Is an Undivided Inheritance the Same as Co-Ownership?
No. This is one of the most important distinctions in Portuguese property and succession law.
In ordinary co-ownership, each registered owner holds a quota in a specific property.
In an undivided inheritance, an heir normally holds a hereditary share in the estate as a whole. Until the estate is divided, the heir does not automatically own a specific percentage of each individual house, apartment, bank account or other asset.
This means an heir may be able to transfer their hereditary share, but that is not necessarily the same as selling “their 25%” of one particular inherited apartment.
Traditionally, disagreements involving the distribution or sale of inherited assets are handled through an inventory or partition process, known as inventário. This deals with the estate as a whole and determines how the assets will be allocated among the heirs.
For cross-border inheritances, foreign heirs should also avoid assuming that Portuguese succession law automatically governs every issue merely because the property is in Portugal. Under the EU Succession Regulation, the law of the deceased’s last habitual residence generally applies, unless a valid choice of the law of nationality was made. Portuguese property-registration, procedural and tax rules may still remain relevant.
Can One Heir Force the Sale of an Inherited Property?
Under the traditional system, a single heir cannot normally sign a private sale of a specific estate property without the necessary participation of the other heirs.
An heir who wants to end the deadlock can generally request an inventory and partition process. Depending on the composition of the estate and the decisions made during that process, an inherited property may eventually be awarded to one heir or sold.
The proposed 2026 reform is intended to create an additional, inheritance-specific route.
What Does the Proposed 2026 Inheritance Reform Change?
Portugal’s Proposal of Law No. 69/XVII/1 seeks to authorise the Government to create an urgent Special Process for the Sale of Real Estate Integrated in an Undivided Inheritance.
Under the final committee text, the future regime is intended to allow an heir, a surviving spouse with a marital share or an executor with partition powers to request the sale of one or more specific properties belonging to an undivided inheritance.
The proposed framework includes several important elements:
Is the new process already in force?
No.
As of the latest official information available on 17 July 2026, the proposal had been approved in general terms on 3 June and the final committee text had been approved and sent for final global voting on 8 July. The official initiative page did not yet record the completion of the final global vote.
Even after final parliamentary approval, this is a legislative authorisation. The Government must still approve the implementing decree-law, which must then be promulgated and officially published before the new process can be used.
Anyone involved in an inheritance dispute should therefore confirm the current legal status before relying on this procedure.
Which Legal Route Applies to Your Situation?
|
Situation |
Likely route |
Can one person initiate it? |
|
Property bought jointly by two or more people |
Judicial division of common property |
Yes |
|
Property owned by former unmarried partners |
Judicial division of common property |
Yes |
|
Property owned in registered shares by business partners |
Judicial division of common property |
Yes |
|
Property forming part of a marital estate after divorce |
Division of matrimonial assets |
One spouse can initiate the appropriate procedure |
|
Property within an undivided inheritance |
Inventory and partition process |
Yes |
|
Specific inherited property under the proposed 2026 regime |
Future special sale process |
Intended to be available to one heir, once operational |
|
One owner wants to sell only their registered quota |
Sale of the quota, subject to applicable preference rights |
Generally yes |
|
One heir wants to transfer their position before partition |
Transfer of hereditary share |
Possible, but legally different from selling a quota in one property |
Can the Other Co-Owner Stop the Sale?
The other owner may oppose the legal action and raise legitimate legal or factual issues. They may also present a better alternative, such as buying the applicant’s share.
However, simply saying “I do not want to sell” is not normally enough to preserve the arrangement indefinitely.
A practical defence may involve:
The result depends on the ownership structure and the facts of the case, which is why legal advice should be obtained before either starting or opposing the process.
Why a Negotiated Sale Is Usually Better
The legal right to seek a judicial sale does not mean that going to court is the best financial decision.
A court-supervised process can involve valuations, legal fees, formal notifications, expert evidence, challenges and appeals. It may also reduce the owners’ control over the timing, marketing and final sale conditions.
By contrast, a negotiated solution can allow the parties to:
An independent valuation is often the most effective starting point. It replaces emotional or unrealistic price expectations with market evidence and provides a reference for either a buyout or voluntary sale.
Practical Steps Before Starting Court Proceedings
1. Confirm the legal ownership
Obtain an updated Land Registry certificate and review the purchase deed, inheritance documents, matrimonial regime and any existing agreements.
2. Obtain an independent market valuation
A valuation should reflect the property’s condition, location, legal status, occupancy, market demand and recent comparable sales.
3. Present written alternatives
The other owners should receive clear options, such as:
4. Separate market value from ownership value
A 50% quota is not necessarily worth 50% of the open-market value when sold independently. However, a buyout between existing owners can often be negotiated closer to the proportional value because it avoids the risks associated with selling to an outsider.
5. Obtain Portuguese legal advice
A lawyer should confirm the correct procedure, ownership percentages, rights of preference, court jurisdiction and any effect arising from divorce or succession law.
Foreign owners may also need a Portuguese tax number, local legal representation or a properly drafted power of attorney.
Frequently Asked Questions
Can one co-owner force the sale of a jointly owned property in Portugal?
Yes. A co-owner can generally ask the court to end the co-ownership. If the property cannot be divided and no agreement is reached for one owner to acquire it, the court may order its sale.
What if the other owner refuses to sign an estate-agent contract?
The entire property cannot normally be marketed and sold voluntarily without all required owners participating. The alternative is to negotiate, sell only a quota or start the appropriate judicial division process.
Can the court give the property to one co-owner instead of selling it?
Yes. If the property is indivisible, the owners may agree that one or more of them keep it and compensate the others. If no such agreement exists, a sale may follow.
Can I sell my half of a property without the other owner’s permission?
A registered co-owner can generally sell their quota, but the other co-owners may have a right of first refusal. The buyer acquires an ideal share, not necessarily exclusive ownership of a physical half of the property.
Can one sibling force the sale of an inherited house?
A sibling cannot normally sell the entire house privately without the other heirs. They may initiate an inventory and partition process. The proposed 2026 reform may eventually provide an additional route for requesting the sale of a specific inherited property, but it is not yet operational.
Is a judicial sale likely to achieve the full market value?
It may, but there is no guarantee. A voluntary sale usually provides greater control over preparation, marketing, negotiation and timing, which can improve the net result.
How long does a forced-sale process take?
There is no universal timeframe. The duration depends on disputes over ownership, divisibility, valuations, notifications, court workload and possible appeals. Anyone promising a guaranteed completion date should be treated cautiously.
Conclusion: Court Is a Right, Not Usually the Best First Strategy
A co-owner in Portugal is not normally trapped forever in a jointly owned property. The law provides a route to end the co-ownership, and an indivisible property can ultimately be sold when the owners cannot agree on a division or buyout.
But the strongest legal option is not always the best financial option.
A professional valuation, structured negotiation and properly marketed voluntary sale will usually give the owners more control, reduce legal costs and protect more of the property’s value.
Stuck in a Co-Owned or Inherited Property in Portugal?
RE/MAX Cidadela helps owners and heirs, including clients living abroad, assess co-owned properties in Cascais, Lisbon, Oeiras and Sintra.
We can provide a professional market valuation and help the parties evaluate the most realistic route: an internal buyout, negotiated sale or preparation for a legal process.
Request a professional valuation before deciding your next step.
RE/MAX CIDADELA
Avenida 25 de Abril nº 722, Cascais.
Tel.+351 967604141. E-Mail: ppettermann@remax.pt
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👤About the Author
By Pedro Pettermann
Pedro Pettermann is a Broker at RE/MAX Cidadela in Cascais, with over 20 years of experience in the real estate market across the Cascais coastline, Lisbon, Oeiras, and Sintra. With an MBA from IE Business School, he combines strategic vision with deep local expertise. Recognized as a specialist in the real estate market, mortgage financing, and digital marketing, he helps owners and buyers make confident and profitable decisions.
At RE/MAX Cidadela, we have already helped more than 4,800 families successfully sell or buy the home of their dreams
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