There is a way to keep a family house beyond the reach of the new sale procedure — and it needs no court. It is called an indivision agreement (pacto de indivisão): an agreement among the co-owners to keep the property undivided for a set period.
What it is
The baseline rule in Portuguese law is the opposite: nobody is required to remain in undivided ownership, and any co-owner may demand division at any time. The exception is precisely an agreement to the contrary. Under the Civil Code, that agreement may not exceed five years, although it can be renewed when it expires.
Its effect under the new regime
The law provides that property covered by a still-valid indivision agreement is excluded from the special sale procedure. While the pact runs, a lone co-heir cannot trigger the sale of that property.
When it makes sense
- The family wants to keep the house and needs time to organise (works, refinancing, buying out the others);
- The local market is down and selling now would destroy value;
- There are young or financially unstable heirs and the family wants to avoid a rushed sale;
- A predictable horizon is preferable to the permanent threat of a sale request.
When it does not
The pact requires everyone's agreement. If one heir genuinely needs the money, forcing them to wait five years creates a worse conflict than the one being avoided. There, buying out their share — or using the new regime's amicable negotiation window — is more realistic.
How it is done
It is a contract among the co-owners: it must be in writing, identify the property and set the term (up to five years). Because it affects real estate, form and registration should be handled by a lawyer or notary — this is not a document to improvise.
Timing note
The special sale regime is not yet in force (Law no. 49/2026, published 17/08/2026; the Government has 180 days to approve the regime). This interval is the natural moment for families who want to keep the house to decide whether an indivision agreement is the right route.