Inherited Homes: One Heir Can Ask for a Sale After 2 Years Under New Decree-Law

Link in Portugal branded graphic: inherited homes, one heir can ask for a sale after 2 years without agreement, heirs get 6 months to agree or sell privately before an electronic auction, independent valuations, heirs' right to buy, family home protected, status approved not in force yet

Do you share an inherited house or land in Portugal with relatives who cannot agree what to do with it? On Thursday, 22 October 2026, the Government approved a decree-law that will let a single heir ask for the property to be sold when there is no agreement for two years. The new rules are approved but not yet in force.

What happened

After the Council of Ministers, Minister of the Presidency António Leitão Amaro said that until now one heir could block the division of an estate, but “now a single heir can demand the sale after two years without agreement” (Lusa, via RTP; ECO; Observador).

The Government says the aim is to bring empty homes back to the market. The minister quoted Census figures of about 485,000 vacant homes, more than half in good condition. ECO notes that nobody knows how many of them will actually reach the market because of the new rules.

How the new sale process will work

The decree-law follows Law 49/2026 of 17 August, in which Parliament authorised the Government to create this process. According to that law and the minister’s briefing:

  • Who can ask: any heir, the surviving spouse who owns half of the shared assets (cônjuge meeiro), or an executor with powers to divide the estate.
  • When: two years after the death (the “opening of the succession”), or at any time if an inventory case has already been requested. Insolvent estates and some other cases are excluded.
  • Six months to agree: heirs get six months to reach an agreement or sell privately before an auction, the minister said.
  • Price and sale: if heirs disagree on the price, the court sets it based on independent valuations. The sale should normally be by electronic auction.
  • Heirs can buy it: heirs and the spouse keep a right to buy the property at the final sale price (direito de remição), ahead of other preference rights.
  • Family home protected: the family home is excluded unless the surviving spouse expressly agrees. The protection also covers partners in a união de facto.
  • Heirs abroad or unable to decide: if an heir is absent or legally incapable, a sale needs the consent of the Public Prosecutor (Ministério Público) and a court’s authorisation.
  • Existing estates included: as a rule, the new regime applies to all estates already opened and not yet divided on the day the decree-law enters into force.

Law 49/2026 also authorises other changes, such as cutting the time to accept an inheritance from 10 to 2 years. The final text is not published yet, so details may differ.

What it means for you

Status: approved by the Council of Ministers on 22 October 2026. It still has to be promulgated by the President and published in the Diário da República. The date it enters into force is not known yet.

  • If you inherited property in Portugal with others: nothing changes today. If all heirs agree, the official Balcão Heranças already lets you identify the heirs (habilitação de herdeiros), divide the estate and register the property.
  • If you live abroad or move often: make sure your co-heirs and the person managing the estate (cabeça-de-casal) have your current address, so you are not left out of a sale.
  • If you rent: more homes may reach the market, but not quickly. See our guide to renting in Portugal and the new accessible rent caps.
  • Every family case is different. Talk to a lawyer (advogado) or solicitador; legal aid (apoio judiciário) exists for people on low incomes.

Also approved: bus terminals open to all companies

The Council of Ministers also approved rules so that a company managing a bus terminal cannot also be the operator deciding who enters, opening terminals to competing coach companies, as reported by ECO and Jornal de Negócios. Public terminals under private management are not covered yet: the minister said that needs Parliament. These rules are not in force yet either.

We will update this article when the decree-law is published.

Sources

Last updated: 22 October 2026. This article is general information, not legal advice. Rules change often; check with the official service or a lawyer before acting.

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