When inheriting one’s own property from an ancestor, it forms part of the undivided inheritance until partition occurs. Undivided inheritance is a situation in which all the deceased’s assets are considered a single whole, and heirs have rights over the entirety of the inheritance, but not over specific parts until partition is carried out.
Undivided Inheritance
-
Definition:
Undivided inheritance refers to the set of assets left by the deceased that have not yet been divided among the heirs. During this period, all heirs have rights over the entirety of the inheritance, but not over specific assets.
-
Administration:
The administration of the inheritance until partition is done by the “head of household” (cabeça-de-casal), who is generally the closest heir, such as the spouse or the eldest child.
Partition Process
-
Amicable Partition:
Heirs can agree on the partition of assets amicably, carrying it out at a Registration Office or Notary Office. This is the most direct and least expensive method.
-
Judicial Partition: If there is no agreement between heirs, any of them can demand partition judicially through an inventory process.
Rights over Own Property
-
Own Property:
Even if a property is considered own (for example, inherited directly from an ancestor), it still forms part of the undivided inheritance until partition. Only after partition does the heir become the exclusive owner of the property.
-
Exceptions:
The only exception would be if the testator had left a specific legacy in the will, directly assigning the property to an heir, but even so, legal formalization through partition is necessary to update the property registration.
Conclusion
Until partition is carried out, all assets, including those that may be considered own, form part of the undivided inheritance. Therefore, one is not automatically the exclusive owner of an inherited property until the partition process is completed and the property registration is updated. It is advisable to proceed with partition as quickly as possible to avoid legal complications and ensure the legal security of inherited assets.