Of all the limits on the new regime for selling property held in an undivided estate, this one matters most to families with a surviving widow or widower: the family's main home is excluded from the mechanism, absent express consent.
What the law provides
The law provides that the property serving as the family's main home may not be sold through this procedure without the express consent of the surviving spouse. The same protection covers a person who lived with the deceased in a de facto union. The rights of habitation and use attached to that home are protected as well.
Why this changes everything
Without this rule, a distant heir could trigger the sale of the house where the surviving spouse still lives. With it, that person's consent is a condition — not a formality. Whoever lives in the house cannot be put out by one co-heir's decision.
What the protection does NOT cover
- The other properties in the estate: the village house, the land, the rented flat. Only the main family home gets this exclusion;
- Cases where there is no surviving spouse or de facto partner;
- A house that stopped being the family home — the classification follows the factual situation, not sentimental attachment.
De facto union: proof matters
The de facto partner's protection exists, but the union must be capable of being proven (as a rule two years of shared life, with documentary evidence — a parish council certificate, a shared tax address, witnesses). Gathering that proof before you need it is always easier than afterwards.
A general rule, not a diagnosis
This page explains the rule as the law sets it out. Whether a specific property qualifies as the "family home" is a legal classification that depends on facts and documents — that is a lawyer's work, and HERDA refers you to independent lawyers.
What to do now
The regime is not yet in force: Law no. 49/2026 was published on 17 August 2026 and the Government has 180 days to approve the regime. This is precisely the window to gather what proves the home's status — caderneta predial, tax address, residence certificate, proof of the de facto union.