PARTITICION

When there is co-ownership of a property, a split between co-owners is often required. Judicial partition is a particularly constitutive procedure by which a partition is established and enforced as the property community is terminated. The right to partition is conditioned by the result and is determined by a specific property community. This property community may be the result of an inheritance, the dissolution of a marital community or co-ownership.

It is a two-phase production. The main purpose of the first phase is to verify and establish the right of partition by the court. This phase ends with a decision to allow the partition. According to Art. 34, para. 1 of the CA, each co-owner may request a split of the common item. The right of partition is enjoyed by every participant in the property community as long as it is a shareholder. Pursuant to Article 34, para. (2) of the Copyright Act, "the provisions on inheritance splitting apply respectively to partition of a joint property". The litigation is also admissible for terminating the general right to build and upgrading.

Irrespective of the price of the claim, the district court of the place of the property is always at first instance in the case of the division. That is, the jurisdiction under Art. 103-104 of the CPC is irrelevant - regardless of the amount of the claim, the relevant district court is competent to hear the dispute. He supervises ex officio whether all participants in the property community are constituted as parties. All parties must be parties to the judicial panel. Each party has the right to partition. The court panel is inadmissible if one of the community members does not participate as a party in the process. If it is nevertheless carried out, it will be entirely null and void - that is, it will not give rise to legal consequences (Article 75 (2) of the HMA). The court partition must involve not the original but the current participants in the property community.

In court litigation, it must be borne in mind that each co-owner has the right to initiate it at any time because there is no limitation. If such a step is taken, the legal costs shall be borne by the distributors in proportion to the size of their shares in the property community.

The court proceedings begin with the filing of the application to a district court on the location of the property. Two certificates from the respective municipality must be attached to the heritage division: certificate of death of the deceased and certificate of his / her heirs, as well as current sketch and tax assessment of the property.

Pursuant to Art. 342 of the CCP in the first hearing each of the co-heirs may object to the right of one of them to participate in the division, against the amount of his share, as well as against the inclusion in the hereditary table of some properties. The first phase of the judicial separation ends with a decision on its admission. It is a settling decision by which the court either allows or does not allow the application; decides on which property and property allows the partition, by individualizing them; the court shall make a binding ruling on the shares (shares, quotas) of each co-owner. It can be appealed under the general rule.

In the second phase, the competent court shall initiate procedural actions aimed at exercising the right to partition. It is realized mainly in two ways: 1) by forming shares of the common property and providing each share in an exclusive property of the given co-owner; 2) by public sale of the joint property distribution according to the shares of the amount received between the co-distributors.

It should be borne in mind that a voluntary division can be achieved during the court proceedings and there is no obstacle to it being concluded in the form of a court settlement.

A partition can also be carried out on an out-of-court basis, the so-called voluntary partition. This is permissible when there is a complete correspondence between the will of the judges with respect to the delven estate. That is, they have previously agreed on how and for what allowances to share. This partition is made before a notary who describes the voices of the parties in a notary deed and with his signature certifies and guarantees the truth of the agreement reached. The deliberation shall be deemed to have taken place from the moment when the signatures are notarized. This option is recommended because it is implemented much faster than the court partition and is considerably more cost-effective for the splitters option.

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Attorney at law Iuila Danova

#3, Dobrotica Str., Varna, Bulgaria

Mob: +359 895 64 59 40

WWW: advokatvarna.com

Email: iulia.danova@abv.bg