Terminate Property Co-ownership - Force Property Sale in Portugal

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Very professional service from start to finish. We found the advice and approach extremely useful and highly professional. Thank you!

Rachel
19 Dec 2024

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Service Details

Terminate Property Co-ownership - Force Property Sale

This service is available across Portugal

Who Is This Service For?

This service can benefit those who currently enjoys joint ownership of property in Portugal and where the co-owners wish to dissolve their shared property ownership.
This can be relevant for a wide range of clients, including those inheriting property, investors in joint property ventures, or separating couples who need to divide their property assets.

Prerequisites

Being a co-owner of the property in Portugal.
Previous unsuccessful attempts to reach an agreement with the other co-owners regarding the sale or division of the property.

Process: Our Approach

Initial Consultation: Evaluate the co-ownership situation and advise on the best legal approach.
Mediation Attempt: Facilitate a mediation process aimed at reaching an amicable agreement among all co-owners.
Legal Action for Division of Property: If mediation fails, proceed with a legal action for the division of property. According to Portuguese law, this involves invoking specific provisions within the Portuguese Civil Code that regulate the termination of co-ownership and the mechanisms for division or forced sale, such as Article 1410, which outlines the rights of co-owners to request the division of common property.
Representation in Court Proceedings: Provide representation in court to present the case for division or forced sale of the property, ensuring adherence to all procedural requirements.
Sale Process: Upon obtaining a court order for sale, manage the sale process, ensuring compliance with Portuguese legal requirements for property sales, including the right of first refusal among co-owners and the distribution of proceeds

Benefits of this Service

Expertise in Portuguese Property Law: Deep understanding of the legal framework and court processes in Portugal.
Successful Mediation Strategies: Proven track record of resolving disputes amicably.
Effective Court Representation: Skilled in representing clients in property division and sale proceedings.
Comprehensive Support: From initial advice through to the conclusion of the sale.

Key Components of this Service

A focus on the termination of co-ownership and the sale of co-owned property, always having regard to the Portuguese Civil Code's provisions on co-ownership
Offering a comprehensive approach, from mediation to court representation.
Ensuring full compliance with Portuguese property sale requirements, including the right of first refusal.

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include: