Claims between co-owners in property partition proceedings

Mihail Tomov, Lawyer | Varna

Article 346 of the Code of Civil Procedure provides a simplified way to join additional claims to a pending action. They may be made orally at a public hearing without paying a court fee in advance. The scope of this provision follows from the subject and purpose of the main proceedings: to end the parties’ co-ownership. In the second stage of partition, the parties may therefore raise only claims arising from obligations relating to the property being partitioned, not claims arising from other dealings between them. See point 4(a) of Plenum Resolution No. 7/1973 of the Supreme Court, and Supreme Court of Cassation Judgment No. 481 of 11 January 2011 in civil case No. 884/2009, specifically concerning the claim under Article 12 of the Succession Act. The possibility of setting off competing monetary claims does not warrant departing from this view: a party can always declare a set-off if the requirements of Article 103 of the Obligations and Contracts Act are met. A refusal to hear a claim for an accounting within the partition proceedings — a category that unquestionably includes a claim under Article 12(2) of the Succession Act — prevents the co-owner from exercising that right through the procedure and on the terms provided by Article 346 of the Code.

If you have questions about partition of property, delivery of possession or use of a jointly owned asset, it is advisable to consult a property lawyer experienced in litigation.