Voluntary and judicial partition of real estate - defence in court and legal representation
Delatation is a means of terminating co-ownership between two or more persons. Falling into a relationship of joint ownership of one or more properties results in a deterioration of the personal relationship. The solution to this problem, is precisely partition, which aims to give each owner a real share of a property or properties.
Division is divided into voluntary and judicial depending on whether or not the co-owners can agree on the division of the real property.
What is the difference between voluntary and judicial partition?
Voluntary partition takes the form of a contract that is made between the co-owners, which contract must be notarized.The purpose of the voluntary partition contract is to agree on which owner will receive what property or clearance. In case a voluntary partition is reached, the co-owners may receive:
- Ownership of one or more of the co-owned properties;
- Limited right in rem;
- Equalization of the share when the co-shareholder does not receive the property or the limited right in rem.
Court partition, is when the co-owners cannot agree on the division of their property, and in such a case, each of them has the right to initiate a lawsuit in court for the “compulsory“ division of the property.
Proceedings before a court for judicial partition go through two phases.
In the first phase, the court establishes the existence of co-ownership, who the persons owning an ideal part of the common property are and the amount of their shares. In order to establish these circumstances, the court also examines how the properties were acquired, whether they are actually owned by the co-shareholders and who received what share of them according to the basis of ownership.
Once these circumstances have been clarified, the second phase of the judicial partition proceeds, which aims to terminate the co-ownership. When the properties to be divided are such that each co-owner can obtain at least one property, a partition protocol is drawn up. A lot is then drawn to determine which co-owner receives which property share.
When, however, there are insufficient properties to be divided so that each receives at least one, the court in its judgment shall order that the common property or properties be sold at public sale.
The Estates Consult team works with a team of solicitors who are specialists in property law and real estate and in the event that you are facing a property division – judicial or voluntary our solicitors will assist you with the following services:
- Consulting on both types of partition – voluntary or judicial and depending on the specifics of the case will guide you on which will be the best option for property partition;
- Preparation of all necessary documents depending on the method of division;
- Representation before a notary;
- Providing representation and defence before the court and other state institutions.
Whether you are facing voluntary or judicial partition, it is necessary to contact a lawyer because both procedures require legal knowledge and great professional experience in this field and therefore, if you need professional lawyers in the field of real estate and property law, do not hesitate to contact the team of Estaes Consult to provide you with legal assistance in property cases and disputes.
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