New Measures Regarding Undivided Inheritances, Leasing, and Housing in Portugal:

What Changes and How It Might Affect You

Lawyers in Lisbon

Lawyers Lisbon

The government approved, in a Council of Ministers meeting on March 12, a set of decrees with a direct impact on Inheritance Law, the urban rental regime, and housing policy. The measures aim, in particular, to resolve deadlocks associated with undivided inheritances, to boost the rental market, and to strengthen the social response in housing matters.

These changes take on particular relevance in a context where a significant portion of real estate assets remains unused, whether due to conflicts between heirs or a lack of confidence in the rental market.

Undivided Inheritances: New Solutions to Unlock Assets

The problem of undivided inheritances

Undivided inheritances are one of the main causes of stagnation in real estate assets in Portugal. The existence of multiple heirs, often in disagreement, leads to situations where properties and land remain unused or unmanaged for years.

It is estimated that there are millions of rural buildings associated with undivided inheritances, many of which are abandoned, with significant economic and environmental impact.

CHANGES TO THE LEASE AGREEMENT

Strengthening market confidence

The second statute introduces measures designed to make the rental market more predictable and secure, namely:

greater contractual autonomy between landlord and tenant
strengthening legal certainty

Greater speed in case of non-compliance.

It is anticipated that mechanisms for responding to contractual breaches will be accelerated, particularly in situations involving non-payment of rent.

The goal is to reduce risk for property owners and encourage the placement of properties on the market.

HOUSING EMERGENCY FUND

An emergency housing fund is also created, intended to support households in vulnerable situations.

Guiding principle:

The social function of housing must be ensured by the State.

This measure aims to prevent social pressure from falling exclusively on private property owners.

What to do if you are involved in an undivided inheritance?

In light of the new rules, it becomes essential to:

to assess the legal status of the inheritance.
identify inheritance rights and shares
analyze the possibility of resorting to arbitration.
consider sharing or sale solutions

Prompt action can prevent prolonged blockages and financial losses.

Why should you consult a lawyer?

The application of these new regimes requires rigorous technical interpretation, especially in situations of conflict between heirs or patrimonial complexity.

Legal counsel allows you to: