A home can be jointly owned property, the family residence and security for a loan at the same time. The decision to sell should therefore separate three questions: who owns it, who is liable to the bank, and who uses the property until the process is completed.
Options
Compare the available routes before selling
- 01Sell to a third party
The net amount, after the mortgage and expenses, is distributed under the applicable agreement or legal framework.
- 02One person keeps the home
The other party may receive compensation and the registrations may change. Where there is a mortgage, changing the borrowers also depends on the lender.
- 03Keep it temporarily
You need to define use, repayments, expenses, maintenance and a date to reconsider the decision.
Bank and registry
Transferring your share does not automatically release you from the mortgage
Dividing ownership of the property and changing the mortgage agreement are related but separate processes. Do not assume that a deed or an agreement between the couple releases someone from obligations owed to the bank.
Contact the lender early to ask whether it accepts a change of borrower, which documents it requires and how it assesses the new borrower’s finances. The Bank of Portugal sets specific protections for certain changes caused by divorce or separation, provided the applicable requirements are met.
Coordinated sale
Set communication rules before receiving offers
- Choose one point of contact and keep both people informed.
- Agree a minimum price, timeframe and acceptable conditions.
- Confirm in advance who signs and which consents are required.
- Do not disclose personal details to buyers; communicate only what the transaction requires.
Verified sources
Official information to check
General information reviewed against official sources available on August 26, 2026. It does not replace legal, tax, financial or technical advice for your circumstances.