Co-ownership (compropriedade)
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Compropriedade exists when two or more people own the same property at the same time, each with a share.
Under article 1403 of the Civil Code, there is compropriedade when two or more people simultaneously hold the right of ownership over the same thing. The rights are of the same nature, but the shares may differ; if nothing is stated, they are presumed equal.
It is common among heirs after an estate is divided, between former spouses and among people who bought together. It is not the same as , where each person is the exclusive owner of a unit.
Three rules shape the regime:
- each owner may sell their , but not a specified part of the property without the others' agreement (article 1408);
- if one sells to an outsider, the others have a (article 1409);
- nobody is obliged to remain in co-ownership, unless agreed, and such an agreement cannot exceed five years, renewable (article 1412).
Example
Illustrative example: three people co-own a plot, with shares of 1/2, 1/4 and 1/4. One of the 1/4 shares is sold at auction for €10,000. The other two may pre-empt, taking that share in proportion to their own (two thirds and one third).
In practice, at an auction
The shows whether the property is co-owned and what the shares are. If only one share is for sale, the buyer becomes a co-owner: they are given possession of their share, not of the whole property (CPC article 861(4)).
Division is done by agreement or through court proceedings (article 1413). If the property cannot be split into parts, the usual way out is for one owner to take it all or for the property to be sold. Check with a lawyer or solicitador what is feasible in that case.