How to sell property to children or grandchildren without conflict: steps to avoid legal problems

Selling a house to a child or grandchild may seem like a simple process, but it is a decision that requires care. To avoid family conflicts and legal problems, it is essential to understand what the law says about the sale of property between parents, grandparents and descendants. Knowing how to deal with the legal requirements helps ensure a safe and transparent transaction for everyone involved.

What the law says about selling property to descendants

According to the Portuguese Civil Code, real estate transactions between parents, grandparents and children or grandchildren are subject to specific rules. Article 877 states that in order to sell a property to a child or grandchild, the consent of the remaining children or grandchildren is required. This requirement is intended to avoid favoritism that harms other descendants, protecting the family balance.
In cases where a descendant is unable or refuses to give consent, it is possible to go to court to obtain judicial relief. This intervention by the court ensures that the sale is carried out fairly, avoiding potential conflicts between family members.

Why does the law require the consent of the other descendants?

The main reason for this rule is to avoid situations of favoritism, where one descendant could be favored over the others. This type of measure is a safeguard to maintain equity in the family, ensuring that all descendants have equal opportunity over the family assets. Consent also prevents the sale from being interpreted as an attempt to make a gift in disguise, which could damage the legitimate expectations of the remaining heirs.

The risks of simulated sales and the legal implications

Another concern of the law is to avoid simulated sales, where a transaction between ascendants and descendants is carried out to benefit an heir in an illicit manner. If the remaining descendants consider that the sale was a gift in disguise, they have the right to annul the deal by taking legal action, provided they do so within one year of learning of the sale.

These cases of simulated sale are common in situations where the aim is to transfer property to a descendant without this having an impact on future shares. By requiring consent or judicial intervention, the law protects the rights of heirs and inhibits practices that could distort the distribution of assets.

How to avoid legal and family problems when selling property to descendants

To avoid problems, it is important to ensure that the sale process is conducted transparently. Following all the legal formalities and communicating openly with descendants about the intention to sell helps to reduce family tensions. In addition, it is recommended that the ascendants consult a specialized lawyer to ensure that all the steps are followed correctly.

The assistance of a professional makes it possible to check all the legal requirements and clarify any doubts, guaranteeing a transaction that respects the interests and rights of everyone involved. This is especially important in cases where there is a large disparity in assets between descendants.

Selling a house to a child or grandchild can be a smooth and safe process, as long as the legal requirements are met and transparency prevails at every stage. With proper guidance, it is possible to protect family interests and carry out a fair sale that avoids conflicts and preserves harmony between those involved.

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