In both judicial and voluntary partition of property, one of the key questions is: “How much is the property worth?” The answer is not always simple, as there is a difference between the real value (material, physical worth) and the market value (the amount achievable in a sale).
Real value of the property
The “real value” often refers to the physical worth of the land or building, excluding current market conditions. It includes:
construction cost (materials and labor),
condition of the property (wear, repairs),
usability.
Real value is mainly relevant for technical and accounting purposes but does not always reflect what a buyer would pay on the market.
Market value of the property
Market value is the price obtainable in a free transaction at a given time. It is determined by:
prices of comparable properties in the area,
location, infrastructure, transport,
encumbrances (mortgages, rights of use),
economic conditions and market demand.
Case law of the Supreme Court of Cassation (2015) emphasizes that in partition proceedings, the market value is decisive to ensure fairness between co-owners.
Role of experts
The court appoints a licensed property appraiser who prepares a valuation report. The report includes a detailed description of the property and the method used to calculate its value. Parties may also submit private valuations or request a new expert opinion if the first one is disputed.
How to challenge a valuation
Contesting the expert report in court, explaining why the valuation is unrealistic.
Requesting a second or triple expert appraisal.
Providing comparable sales contracts as evidence.
Conclusion
In property partition, market value is the decisive criterion used by courts to ensure equality among co-owners. Real value has technical meaning, but the actual division is based on market price.