{"id":446,"date":"2017-08-23T12:19:16","date_gmt":"2017-08-23T09:19:16","guid":{"rendered":"http:\/\/tomovi.org\/?p=446"},"modified":"2026-11-09T13:25:52","modified_gmt":"2026-11-09T11:25:52","slug":"%d1%81%d1%8a%d0%b4%d0%b5%d0%b1%d0%bd%d0%b0-%d0%b4%d0%b5%d0%bb%d0%b1%d0%b0-%d0%b8-%d0%b4%d0%be%d0%b3%d0%be%d0%b2%d0%be%d1%80","status":"publish","type":"post","link":"https:\/\/tomovi.org\/en\/%d1%81%d1%8a%d0%b4%d0%b5%d0%b1%d0%bd%d0%b0-%d0%b4%d0%b5%d0%bb%d0%b1%d0%b0-%d0%b8-%d0%b4%d0%be%d0%b3%d0%be%d0%b2%d0%be%d1%80\/","title":{"rendered":"Partition: judicial partition and voluntary partition agreement"},"content":{"rendered":"

PARTITION. VOLUNTARY PARTITION AGREEMENT. JUDICIAL PARTITION AND SETTLEMENT<\/strong><\/p>\n

Where disagreements arise between co-owners concerning the use of the common property for their personal needs, the receipt and distribution of income from the common property, or its maintenance and improvement, it may become necessary to terminate the legal state of co-ownership. Co-ownership can continue only while all co-owners share a common intention that it should continue.<\/p>\n

Co-ownership may be terminated in various ways: transfer of the right of ownership by all co-owners to a third party; transfer of ideal shares between the co-owners; renunciation of ownership by all co-owners; or partition.<\/p>\n

Partition may be effected by an act agreed by all co-owners (voluntary partition) or by a court act (judicial partition).<\/p>\n

A voluntary partition agreement terminates co-ownership by mutual consent of all co-owners. The non-participation of any co-owner in concluding the agreement renders it invalid (argument from Article 75(2) of the Inheritance Act). A voluntary partition agreement must be concluded in writing with notarised signatures. A notarial deed is not required for validity. By the voluntary partition agreement, the common property or group of properties is divided by mutual consent of all co-owners. The agreement may provide for the retention of a right of use in favour of one of the co-owners.<\/p>\n

Judicial partition is a procedure aimed at terminating an existing property community, and each participant in the community may request partition of the common property. Any agreement to the contrary between the co-owners, or any contrary direction by the deceased, is invalid (Article 34(1) of the Ownership Act and Article 69(1) of the Inheritance Act). Judicial partition is a special form of contentious proceedings conducted in two phases. The first phase establishes the existence of co-ownership, and the second terminates the established co-ownership through one of the methods provided by law.<\/p>\n

There is no obstacle to concluding a settlement in judicial partition proceedings concerning immovable property or movable items. A settlement for the voluntary division of co-ownership may be concluded in either the first or the second phase of the partition proceedings. Equalisation of shares under a court settlement, or under an out-of-court voluntary partition agreement, may be made with property or money. The equalisation need not correspond to the actual market value of the property subject to partition, because voluntary termination of co-ownership is also based on mutual concessions and compromises by the co-owners.<\/p>\n

The voluntary division of a common building or dwelling requires the preparation and approval of an investment project (Article 202 of the Spatial Development Act).<\/p>\n

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If you have questions concerning the partition of co-owned property, you should consult a specialist in this field \u2014 a lawyer experienced in property law.<\/p>\n

 
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