Portugal · Who inherits · Information, not legal advice — as at 19 June 2026
The surviving spouse and the family home (Portugal)
Portuguese law gives a surviving husband or wife strong protection over the family home. The spouse is a forced heir, keeps their own half of jointly-owned property, and, when the estate is divided, can ask to keep the right to live in the family home and use its contents. So a surviving spouse is rarely left without a roof — but in a blended family the late spouse’s own children also have protected rights, which is where care is needed.
Three layers of protection
- Their own half (meação). Under a community-of-assets regime, the survivor already owns half of the common property in their own right — that half is theirs and never forms part of the estate to be divided.
- A forced-heir’s share (legítima). Of what is in the estate, the law reserves a protected portion for the closest family, and the spouse is one of the forced heirs, sharing it with the children. A will cannot freely cut the spouse out. (The one exception: couples who married under separation of property can give this up in their prenuptial agreement — worth checking in a second marriage.)
- The right to stay in the family home (Código Civil art. 2103-A). When the estate is divided, the surviving spouse can ask to keep the right to live in the family home and use its contents. The right lasts for as long as they live there, and lapses if they leave it empty for more than a year. Its value counts towards the spouse’s share; if it is worth more, the spouse pays the difference to the other heirs.
Where blended families need care
These rights sit alongside the rights of the deceased’s own children, who are also forced heirs. In a second marriage, the late spouse’s children (not the survivor’s stepchildren) become entitled to a share of the estate, including the home — so the survivor may co-own the property with them and not be free to sell or remortgage without them. It’s the classic cross-border blended-family trap, and it’s avoidable with the right will — see our planning-ahead and Portuguese will service.
And if the couple weren’t married
An unmarried partner is not a legal heir in Portugal, even after many years together — though cohabitation (união de facto) carries some separate protections, including in relation to the family home. This is one of the biggest surprises for expat couples, and it needs a will to address.