Can a court divide property without drawing lots?

When co-owners cannot agree on a division of the property they own together, the law allows them to seek a judicial partition instead of concluding a voluntary partition agreement.

Article 341 and the following provisions of the Bulgarian Code of Civil Procedure govern judicial partition. Proceedings have two stages. The first ends with a judgment allowing partition and identifying the parties, the properties to be divided and each party’s share. Once the final partition schedule has been announced and incorporated in a judgment, the court summons the parties to draw lots. Under Article 353, however, the court may allocate inherited properties among the parties without a draw if forming lots and drawing them would be impossible or very inconvenient. Does inconvenience mean legal difficulties or practical difficulties in everyday life? Case law allows the draw to be dispensed with where its impact on the parties’ property and personal circumstances would create substantial difficulties. Point 56 of Resolution No. 7 of the Plenum of the Supreme Court gives examples in its binding guidance. The resolution does not exhaust the circumstances that may justify applying Article 353.

One detail deserves attention: the Code refers specifically to allocating inherited properties. However, Article 34(2) of the Property Act makes the rules on partition of an estate applicable to partition of jointly owned property as well. Since there is no express restriction on Article 353, allocation of the properties admitted to partition may also be used where co-ownership arose otherwise than by inheritance.

This article is not a legal opinion or advice about a particular situation or person. For assistance in a property partition case, consult a civil lawyer specialising in property and succession law.