If several people co-own real property through inheritance or for another reason and cannot reach an agreement, any one of the co-owners may file a partition action to bring the co-ownership to an end. The court will end the co-ownership even if not a single other co-owner consents.
Competent court and venue
The action is filed with the civil court of peace where the property is located. All co-owners must be parties to the action. The heirs of deceased co-owners are joined to the case on the basis of a certificate of inheritance. If a party's address is unknown, service is made by public announcement.
Division in kind or sale?
The court first examines whether the property can be divided in kind. If division complies with zoning regulations and does not create differences in value between the shares, the court orders division in kind. If division in kind is not possible or would significantly reduce the value of the property, the court orders partition by sale. As a rule, the sale is held by public auction open to everyone. If all co-owners agree in writing, the auction may be limited to the co-owners.
The court process
- The statement of claim is filed together with the land registry record and the certificate of inheritance.
- The court carries out an on-site inspection and obtains an expert report to determine the value and divisibility of the property.
- Once the judgment becomes final, the file is sent to the sales office, a valuation is carried out and a notice of sale is published.
- After court fees and costs are deducted, the sale proceeds are distributed to the co-owners in proportion to their shares.
Costs and duration
Litigation costs and attorney's fees are allocated to the parties in proportion to their shares at the end of the case. For this reason, it makes no real difference in terms of costs who files the action. Reaching an agreement before litigation saves the co-owners both time and money. Our firm also conducts settlement negotiations before a case is filed.