Portuguese property records

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Portuguese property records


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Old 29th March 2012, 01:24 PM
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Post Portuguese property records

Hi everybody, I'm new so plse excuse mistakes. Some 20+ years ago my then husband and I bought a property in joint ownership, to use as a holiday home and as a retirement home. We subsequently divorced and he decided to live in the house. He then sold his half of the property to his current 'girlfriend' for a nominal amount and then both she and he died. I am led to believe she left her share of the house to either her children or her son. However I have no knowledge of the purported sale and no deeds myself. How and where might I find the documents I need?

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Old 29th March 2012, 02:10 PM
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As you have no Deeds, think your first job must be to verify your status in ownership issue.
You really need a copy of the original purchase Escritura to start from, so you need a Solicitor who has a Digital signature to access Conservatoria, Financas and Notarial records.

If you where registered as a part owner then it's unlikely the sale could have happened as you or someone with your P.O.A should have been present, at sale to girlfriend and subsequent transfer of ownership after death.

Under Portuguese Law all parties named as owners or part owners in Escritura or someone with P.O.A must be present for sale or transfer.
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Old 29th March 2012, 05:20 PM
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Thanks for your speedy reply. Do you, or anybody else out there, happen to know if this law is new? All the events took place about 8-10 years ago! Thanks again

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Old 29th March 2012, 08:38 PM
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Always been the case as far as I know.

This is only a requirement when selling or effecting a transfer of ownership, not when buying a property.
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Old 29th March 2012, 11:14 PM
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You don't need to have the original deeds, the ownership info on them is recorded anyway in the conservatorio. Your lawyer needs to verify who is the registered owner. If it is still you and your ex then you will need to get a notarised copy of his death certificate. With that you may well be able to transfer the property into your name. (Some taxes and fees to be paid by you). You will need to present your NIF (noted on the original purchase) and proof of your ID.

This info will be published in the Portuguese press and anyone with an interest given a notice period to raise any objections. If no one sees the info or responds then the property should transfer to you.

He may well have done an informal sale but unless it was recorded officially (and Property Transfer Tax paid at that time) then it is not a legal transaction. You or your representative (with your power of attorney) would also have had to be present at the notary to do that properly.
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Last edited by MrBife; 29th March 2012 at 11:21 PM.
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Old 30th March 2012, 07:41 AM
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I totally agree with MrBife, the reason I say you should get a copy of original Escritura is to establish how and who the property was bought by and that your existance as married partner or part ownership is or was declared at time, do you or did you then have a NIF number? (a Portuguese Tax Number)
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Old 30th March 2012, 03:40 PM
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Quote:
Originally Posted by canoeman View Post
I totally agree with MrBife, the reason I say you should get a copy of original Escritura is to establish how and who the property was bought by and that your existance as married partner or part ownership is or was declared at time, do you or did you then have a NIF number? (a Portuguese Tax Number)
Thank you everyone. I know my married name was on the original purchase as I had to go to the town hall? and sign in the presence of a legal beagle!

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Old 30th March 2012, 07:10 PM
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Quote:
Originally Posted by SueWilson49 View Post
Thank you everyone. I know my married name was on the original purchase as I had to go to the town hall? and sign in the presence of a legal beagle!
Presume you must mean the Notary as 10 years ago that was the only option, if you don't have any paperwork, you really need to contact a Solicitor and firstly get copies of Escritura, Registration at Financas, and Conservatoria for the original purchase and also copies of new Registrations (if your ex-husbands share was sold legally) and current copies of Financas, and Conservatoria Registrations since his and her death.

Initially you don't need a Solicitor to act for you but you do need one to access records and obtain copies.
There are a new group of Solicitors that can offer this sort of service cheaply, my advice would be to get copies of all relevant paperwork so you know the exact ownership situation that is Registered, you then will know what you need or how to proceed to do establish your claim. Also a copy of your ex-husbands Will if there is one.
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Old 31st March 2012, 07:59 PM
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Quote:
Originally Posted by canoeman View Post
Also a copy of your ex-husbands Will if there is one.
Your own morals will be your guide as to how hard you search for one of those ! Let's face it, if one isn't presented by you or as a result of the public advertising then you stand to get all the property.
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Last edited by MrBife; 31st March 2012 at 08:02 PM.
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Old 31st March 2012, 08:16 PM
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Provided Suewilson49 can actually prove she might own or be entitled to a half share of property, which as she hasn't been contacted at, at least 3 possible points could be a big question mark.
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