Inheritance and property in Cape Verde

FACT: In Cape Verde, succession is governed by the Civil Code, which sets the order of heirs (descendants, ascendants, spouse and collaterals up to the 4th degree) and protects the 'legítima' (reserved portion) of forced heirs. Until the estate is divided, it belongs jointly to all heirs - this is the undivided inheritance (herança indivisa). Why it is a problem when buying: • FACT - No single heir can sell a specific property from an undivided estate on their own; disposing of the asset requires the agreement of ALL heirs. If one does not sign, the sale is not valid. • PRACTICE (confirm) - It is common to find family properties that were never divided, with heirs who are absent or in the diaspora, or without even the heirs' qualification done. Check this before paying any deposit. Usual steps (PRACTICE - confirm at the notary): • Habilitação de herdeiros - a notarial act identifying who the heirs are. • Partilha (division) - by public deed at the Notary if there is agreement and no minor/incapacitated/absent heir; otherwise, judicial inventário at the Court. • The cabeça-de-casal (estate administrator) manages the estate until division. • Transfer by inheritance is subject to Stamp Duty (Imposto de Selo) - confirm amounts with the DNRE. Registration (FACT/PRACTICE): • After division, the property must be registered at the Land Registry (Conservatória do Registo Predial, RNI/DGRNI), with the deed, matricial certificate and proof of tax payment. Require an up-to-date land-registry certificate in the seller's name before buying. Platform summary - not legal advice. Sources / Fontes / Bronnen: • Civil Code of Cape Verde; Notary Code (Código do Notariado) • Directorate-General of Registries, Notary and Identification (RNI/DGRNI) - rni.cv; justica.gov.cv • Information Sheet on Succession Law - Cape Verde (CPLP/CSM, atlascplp.csm.org.pt) Verificação necessária / Verification required / Verificatie vereist: confirm the process, costs and Stamp Duty with the Notary, the Land Registry (RNI) and the DNRE.

This information is indicative and may be outdated. Always confirm with the competent authorities. Djarvista does not provide legal advice.