How a court carries out a partition

Judicial partition is governed by two main principles: the right to receive a share in kind and equal treatment of the parties to the partition. The first is set out in Article 69(2) of the Bulgarian Succession Act; the second has been established by the Bulgarian courts.

Under the first sentence of Article 69(2), each co-owner may ask to receive their share in kind so far as this is possible. The second sentence provides that any difference in the value of the shares is equalised in money. There are two ways to give effect to this principle: by drawing lots or by allocating the properties under Article 353 of the Code of Civil Procedure. In the latter case the court assigns each property to a specific owner and balances any difference through a cash payment. Where possible, the lots should contain properties of the same number and type and of approximately equal value, or of values corresponding as closely as possible to the parties’ respective shares. Any remaining difference is equalised in money.

All relevant circumstances must be considered in choosing the method of partition.

Under Article 349(2) of the Code of Civil Procedure, where an indivisible property is a dwelling, a party who lived there when the succession opened and owns no other dwelling may ask for it to be allocated to their share. The other parties’ shares are then equalised with other property or in money.

This article is not a legal opinion or advice on any particular situation or person. For assistance in a similar case, consult a civil lawyer specialising in family and succession law.