The partilha (division) turns ideal shares into concrete ownership: each heir stops owning "a share of everything" and becomes owner of specific assets. It is the natural endpoint of every estate — and the best protection against the surprises of the new undivided-inheritance law.
The amicable division: the fast lane
If all heirs agree, the division is signed in a single day at a notary or the Balcão das Heranças. Whoever receives more than their share compensates the others with an equalisation payment (tornas) — which has its own tax treatment, worth computing before signing.
No agreement: the inventário
A single opposed (or minor, or missing) heir closes the amicable route. What remains is the inventário — a notarial or judicial procedure of valuation, internal bidding and allocation. It works, but takes years and real money. This is the deadlock the 2026 law attacks with its new sale procedure.
Dividing from abroad
Nobody needs to set foot in Portugal: powers of attorney with special powers let lawyers represent each heir. In a family spread across three countries, the efficient path is a written agreement first — who takes what, which tornas, what timeline — then a single signing session.
Checklist before dividing
- Heirs' deed done;
- Portuguese tax filing in order;
- Registry certificates and tax records for every property;
- A realistic valuation (unfair tornas break families);
- A Portuguese NIF for every heir.
HERDA prepares the full file, obtains valuations and coordinates lawyers and notary — so the division takes a day, not a decade.