Right to the marital share of autonomous unit AK, Mafamude - Vila Nova de Gaia

-Right to the marital share (meação), not yet divided despite the divorce, in the autonomous unit designated by the letter "AK", a closed garage space and storage room in the basement, of the urban building located at Rua Clube dos Caçadores, no. 774, described in the 2nd Land Registry Office of Vila Nova de Gaia under no. 4578 of the parish of Mafamude and registered in the urban land registry under article 9816 of the said parish, with a current total property tax value (CIMI) of € 10.691,75.

The sale concerns the marital share (meação), not yet divided despite the divorce, of the identified unit ("AK"), which corresponds to item 2 of the seizure record (auto de apreensão). Also offered for sale, in a separate auction, is the marital share relating to unit "AB" (1st floor left), although these are units of the same property. The other shares in the said units ("AK" and "AB") may be subject to seizure in insolvency proceedings no. 96/26.T8VNG pending before the Judicial Court of Vila Nova de Gaia-J6.
The marital share in the unit is sold in its physical, legal and documentary state as it stands, and it is believed to be occupied by the other co-owner, the ex-spouse. The stated area is based on the land registry certificate, and the Insolvent Estate is not responsible for any discrepancies. It is the sole and exclusive responsibility of the Purchasing Bidder to verify the characteristics of the asset to be acquired, and they should therefore, before submitting the bid, make sure that it meets their expectations and is in the desired condition. The marital share in the unit is sold in the condition in which it stands, so failure to carry out this verification by the bidder does not, under the law, result in the annulment of the sale. As the Judicial Administrator does not hold the keys to the unit, and only the marital share is for sale, viewings are not possible. The inclusion of a contact number for viewings is mandatory on the platform. Pursuant to article 164(6) of the CIRE and article 833(6) of the CPC, it is the purchaser's obligation to legalise the properties, where applicable. All costs arising from formalising the purchase shall be borne by the purchaser. The deed of sale will only be executed with the party submitting the bid and not with third parties whom they may nominate. The deed of sale will be executed on a date and at a time to be set by the Judicial Administrator. As an alternative to a public deed of sale, the Judicial Administrator may issue a Private Transfer Title for the property in question. The reserve price accepted is that stated as «VALOR MÍNIMO» and not the opening value. After the auction closes, the Judicial Administrator will contact the Winning Bidder with the bank details for payment of 20% (twenty per cent) of the winning bid, so that the corresponding Adjudication Certificate (Auto de Adjudicação) can be issued. Once payment is made, the proof of payment must be sent to the Judicial Administrator so that they may proceed with that issue. The Adjudication Certificate allows the Winning Bidder to pay the tax obligations arising from the sale. The payment notes issued by the Tax and Customs Authority (Autoridade Tributária e Aduaneira), together with the corresponding proofs of payment, must be sent to the Judicial Administrator, as must proof of payment of the balance of the price, so as to make it possible to formalise the sale (public deed or private transfer title). In the case of a private transfer title, payment of the balance of the price will always be made before the title is delivered to the buyer. The Adjudication Certificate serves only the purpose indicated and does not constitute any transfer of property rights. The final adjudication of this asset may be prejudiced by the exercise of a right of redemption, pre-emption, or any other applicable right, as provided by law. Where the property is occupied, the adjudication of the asset does not directly and immediately impose on the Judicial Administrator the obligation to deliver it to the purchaser free of persons and goods. If, after adjudication, the property is not voluntarily handed over, it will be for the purchaser to request, as provided by law, its compulsory delivery, with the costs of that step being their responsibility under the applicable civil procedure legislation. There is a mortgage creditor, and the present sale has been authorised by them, without prejudice to their rights. It is advised that the insolvency proceedings be consulted to resolve any doubts, and that the land registry and tax matrix certificates available on the sale website be carefully studied.