Each co-owner may request partition
As a general rule, co-ownership is not intended to be permanent. A co-owner may request partition, unless there is a specific legal reason preventing it.
Voluntary partition
If all heirs agree, the property can be divided by agreement. This is usually faster and less expensive, but the shares and documents must be checked carefully before signing.
Court partition
If there is no agreement, the dispute may go to court. The court first determines who participates and what the shares are, then deals with the actual division or sale if the property cannot be conveniently divided.
What should be checked first?
- certificate of heirs and exact ownership shares;
- title deeds and previous transactions;
- cadastral data and tax assessment;
- encumbrances, claims or third-party rights;
- whether the property can be physically divided.