Is an heir living in the house alone entitled to compensation?

An heir is using the house alone, and the remaining heirs feel they are paying expenses without receiving any benefit from the property. This situation is very common in undivided estates and can lead to difficult conflict: the person occupying the house claims they are also an heir; those outside understand they should receive rent or compensation. But does the mere fact that one heir lives alone in a property from the estate automatically create a duty to pay the others? In Portugal, the answer depends on the circumstances. Exclusive use does not always grant immediate entitlement to compensation. It is necessary to understand if the remaining heirs were deprived of using the house, if they expressed opposition, if there was a family agreement, who bears the expenses, and since when has the occupant known that the others do not accept this use. In this article, we explain when there may be a right to compensation, how to calculate the value, what evidence should be gathered, and what to do when the heir refuses to leave, pay, or proceed with the division.


