In Portugal, all assets left by a deceased person, including own property, form part of the undivided inheritance until partition occurs. However, there are some nuances about how assets are treated within the inheritance, especially regarding own property and common property. Here are the details:
Own Property vs. Common Property
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Own Property:
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Definition:
Own property is that which a person acquired before marriage or received by inheritance or donation during marriage, and which was not converted into common property.
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Undivided Inheritance:
Even if a property is considered own, it still forms part of the undivided inheritance until partition is carried out. This means that, while partition does not occur, all heirs have rights over the entirety of the inheritance, but not over specific parts.
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Common Property:
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Definition:
Common property is that acquired during marriage, regardless of who acquired it, under the regime of general community or community of acquired property.
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Undivided Inheritance:
These assets also form part of the undivided inheritance and are subject to partition among heirs.
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Special Situations
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Partition:
Partition is the process by which the undivided inheritance is divided among heirs, allowing each to receive their specific share of the assets. Until this happens, all assets, including own property, remain in indivision.
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Administration of Inheritance:
During the indivision period, the inheritance is administered by the head of household, who is responsible for managing the assets until partition is completed.
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Exceptions:
There are no legal exceptions in which inherited own property is automatically excluded from the undivided inheritance before partition. Partition is necessary for the heir to become the exclusive owner of the property.
Conclusion
Therefore, in Portugal, even inherited own property forms part of the undivided inheritance until partition is carried out. Partition is the process that determines the specific distribution of assets among heirs, and only after its completion do heirs become exclusive owners of the assets assigned to them.