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How can we prove a joint purchase of property in Portugal if the deed does not include all names?

In December 2022, my brother in New York City sent our sister and her husband $210,000 to jointly purchase a $400,000 rural property in Portugal. She had already applied for the Golden Visa. My brother intends to live and work in NYC for another several years, and plans to apply for the D7. He has just discovered that his name was not included on the closing documents or the deed. Does he have any recourse to put his name on the title as a joint owner of the property? What options does he have?


Answers
  • NEXT/Gali Macedo & Associados
    January 16, 2024

    Once the deed is done, you only can change it two ways. With her action or with a court decision. Anyhow he can ask for the return of the loan. We need more information so we can address a more precise legal opinion.

  • January 15, 2024

    The transfer of ownership of a property in Portugal is done with the signature of a purchase contract followed by registry at the Land Office. If the person does not attend the sale and purchase act, he must have someone with powers to represent him, but his name will always be referred in the contract. The loan of values and its use in a real estate acquisition by a different person does not grant any kind of ownership rights to the lender if he is not mentioned in the sale and purchase contract.