Partition of Property: How to Divide Joint Property
The Partition is a procedure through which co-ownership of property is terminated. It is most often resorted to in two main situations: upon divorce for the division of matrimonial property and upon inheritance, when multiple heirs jointly own inherited real estate.
The process can be complex, so it is important to know your basic rights and steps.
Types of Partition – Depending on the relationship between the co-owners, the partition can be of two types:
Voluntary partition: This is the recommended, faster, and cheaper option. In this case, all co-owners reach an agreement on how to divide the property and conclude a contract with notary certification. For this to be possible, full unanimity between the parties is required.
Judicial partition: When the co-owners cannot reach an agreement, the only solution is judicial partition. Each of them has the right to file a lawsuit requesting the termination of co-ownership.
Upon divorce, the property acquired during the marriage under the community of property regime is divided. The law provides that the shares of both spouses are equal. In certain cases, however, the court may determine a larger share for one spouse if they have contributed significantly more to the acquisition of the property.
After the death of a person, their heirs often acquire the left property (real estate, land, accounts) in co-ownership. Any of the heirs may request partition of this estate at any time, regardless of the size of their share. The partition aims for each heir to receive a real share corresponding to their part of the inheritance.
Judicial Partition Procedure
The judicial process for partition proceeds in two main phases:
First phase – Admission of the partition: In this phase, the court establishes who the co-owners are, what the property is that will be divided, and what the shares of each person are. The court issues a ruling admitting the partition.
Second phase – Execution of the partition: Here, the court actually distributes the property. If it is easily divisible (for example, money or several properties), the court draws up a distribution protocol and determines who receives what. If the property is indivisible (for example, one apartment for three heirs), it is put up for public sale, and the proceeds are distributed among the co-owners according to their shares.
The judicial partition procedure involves many legal and technical details. Whether it concerns the division of family property after a divorce or the settlement of inheritance relations, professional legal assistance is key to protecting your interests.
If you find yourself in a similar situation, do not hesitate to contact our law firm. Our team will assist you at every stage of the process.
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