Elsa
Lawyer · Lisbon, Portugal
- 640 cases handled · 6 in this service
- 29+ years in practice
- Speaks: English, Portuguese
- Law, Autonoma University Lisbon
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4.88(11 reviews)
Co-ownership in Portugal (compropriedade) is a property held in shares by several people — heirs who inherited a family house, a couple who separated, friends who bought a holiday home together. Joint ownership works while everyone agrees; when they do not, Portuguese law gives each co-owner the right to end it through the divisão de coisa comum (the division of the common property), by agreement or through the courts. Some older lists and lawyer pages call this service “Co-ownership Termination”. This page covers co-ownership disputes and termination: disagreements between co-owners over use, costs and sale, and the ways out. Note that condomínio in Portuguese means the owners' community of an apartment building, not the shared ownership of one home; that topic is on property rights and disputes.
Inherited property is often still an undivided estate rather than co-ownership in the strict sense; the heirs first have to be recognised and the estate divided (see inheritance). A division has tax consequences — stamp duty, the transfer tax on what a person receives above their share, and sometimes a taxable gain — which depend on the values and the relationship. The costs of the property — IMI, the condomínio's charges, repairs — are shared in proportion to the shares, and a co-owner who paid more than their part can claim it back.
The lawyer establishes who owns what from the registry, values the options, negotiates a division or a buy-out, drafts the deed and, where needed, files the court procedure and represents a co-owner living abroad under a power of attorney. A division after a separation is often part of the distribution of marital assets; a plain sale of the whole property to a third party is a property sale.
Yes, as a last resort. A co-owner who wants out and cannot agree with the others can ask the court to divide the property; if it cannot be divided, it is sold.
The occupying co-owner may owe the others compensation for the exclusive use and a share of the costs; the division procedure also ends the situation. A lawyer first looks at whether the estate has been divided at all.
Yes, but the other co-owners can claim it at the price agreed with the outsider. In practice a share sells for less than its proportion of the whole.
No. The negotiation, the deed and the court procedure can be handled by a lawyer under a power of attorney.
Sorted by experience in this service. Write to any of them — the reply comes from the lawyer, without obligation.
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I am hugely grateful to the lawyer for the support he gave me through the recent sale of my house, which turned out to be complicated. More than once it seemed the deal could collapse because of obstacles from outside, yet his persistence and practical approach proved invaluable. Whatever the hour, even around midnight, he was working to keep things moving and answering my many questions with patience and expertise. His professionalism renewed my trust in the legal process, and he was by far the most efficient solicitor I could have had. He handled absolutely everything from the first step to the last, with great knowledge and helpfulness. Without his work I would still own a Spanish property I no longer wanted, which was causing me a great deal of stress and worry.
This service put me in touch with the lawyer. My separation is a very messy one, and I needed a lawyer I could rely on. He has paid close attention to my case and steered me in the right direction. Unlike most of the lawyers I contacted earlier, he began work straight away and, importantly, has always kept communication open. The case is far from over, but I am fairly sure he will carry it through to the end.
I spent almost a year working with the lawyer on buying out my former partner's share of the home we owned together. Right away I was impressed by how quickly she replied and how much she cared about my case. It was a very challenging matter, yet she grasped the legal intricacies and explained complicated points clearly and patiently. She kept a high level of professionalism, updated me at each stage and left me feeling supported and well advised. Her command of property law was evident, and the case ended successfully. What set her apart was her personal approach and real commitment to my best interests; I trusted her abilities and am grateful for her guidance from beginning to end. I highly recommend her to anyone needing legal assistance, as her expertise and professionalism make her stand out in her field.
The lawyer knew what had to be done, and I felt very confident in her approach. She organised the power of attorney, all in a single day. Eventually she reached my wife and, despite plenty of obstacles, got my house onto the market. I am certain no other Spanish lawyer could have done better.
He gave informed advice, described the different options and indicated the costs of each. Very professional, and I am very satisfied.
The lawyer was very supportive and helpful. I feel lucky to have chosen her to assist with what turned out to be a very complicated sale, and her English was perfect. I am very grateful for all her work, help and advice and would highly recommend her to anyone.
We hired the lawyer for two matters: our Portuguese residency, and transferring ownership of the property we had bought. We are delighted to rate him 5 stars on both, as he proved helpful, professional and highly competent and finished the two tasks with no problems. We will certainly use him again.
The lawyer helped me a great deal, and I am very thankful.
The lawyer is an expert in his field. He handles any communication request immediately and keeps me updated on any changes. His English is perfect.
The lawyer was extremely helpful and the help could not have been better.
The lawyer is extremely attentive, understood what we needed and explained the process at each step. A true professional, trustworthy and approachable, she charged what we feel is appropriate for the tasks she carried out for us, so we are very satisfied with the result. We are glad we met her, and we would gladly employ her again if the need arises.
After my first communication with the lawyer, I was confident that he would be an ideal agent to represent my tax and accounting needs here in Portugal. What I like most about him, and what really stands out, is his listening: he put me first as a person and not just an accounting book. He comes across as very knowledgeable and professionally attentive, getting things sorted without an ulterior motive, and his English is perfect. What more would one need?