The contract for voluntary division aims at the termination of the existing co-ownership between the parties, as the separate ideal parts, which are owned by the co-owners, are concentrated and become the right of ownership over actually determined objects. There is no obstacle with the division agreement to divide a part of the co-owned property, as well as there is no obstacle for one or several of the heirs to receive their real share, and the other co-owners to remain co-owners.
An important condition in conducting the procedure for the judicial division of inherited property is the participation of all available co-owners. Therefore, the first step is to clarify who they are, to find their addresses and to prepare copies of the claim and the applications for each one. At the same time, the law stipulates that the court claim for division of inheritance, for destruction or reduction of wills, for division of inheritance and for destruction of voluntary division shall be filed at the location of the property. Production - 2 phases:
Phase I - all actions from the filing of the application, filing the claim to the issuance of the decision, the heir who wants to carry out the division must submit a written application. He must establish that the testator has died, that the persons named as parties are his only heirs, and that the property is left by the testator - with a certificate from the municipality or other written evidence. At the first court hearing, the inclusion of new properties or the exclusion of some may be requested. On the basis of the established facts the court rules on the admissibility of the division. In this decision the court decides on the issues between which persons and for which properties it will be carried out, as well as what is the part of each of the co-participants. The properties, the division of which is allowed, must be individualized, and for movables it is indicated in possession of which of the co-owners they are. If any of them are not available, division for them is not allowed. The heir, through whose fault the items are missing, may be required to pay part or all of their value.
Phase II - review of accounts between the heirs. We distribute to the properties whose division is allowed - 1st concerns the accounts arising from rights and obligations in connection with open inheritance - what each heir owes to the testator and what he owes to the other heirs in connection with the ownership between them. Requests for settlement must be submitted at the first hearing in the case after the entry into force of the decision on the admissibility of the division. They must be filed within the statute of limitations - 5 years from the moment of filing the claim for division. The court shall rule on all filed requests with a decision, which decision may be appealed. An effective decision has the force of an adjudicated thing. 2nd distribution of the properties through shares in kind at formation of the shares the court must comply with the entered into force decision. The division in kind is done as much as possible - it is applicable to the division of similar properties. Properties that cannot be conveniently shared are made available for public sale. The inequality of shares is equalized with money. In order to avoid the fragmentation of properties, the law does not allow the division of the fields into parts smaller than 3 decares, the meadows 2 decares; of vineyards and orchards - less than 1 decare.
Effect of the division - constitutive action the property community between the co-participants is terminated and each of them becomes the exclusive owner of what he has received in a share.
