Selling an ideal part of a property

Selling an ideal part of a property

    Co-ownership is a right belonging to two or more persons. First, to sell your ideal piece of property you have to offer it to your other co-owners and if any of them accepts it, they will become a buyer. If no one accepts your offer, you can sell it to a third party. So then you will have to declare in writing to the notary that the other co-owners have rejected your offer. In order for a right to redeem a share in a joint real estate, the co-ownership must be a share. In a marital property community, co-ownership is disjointed and therefore this procedure is not applicable to it (SEA). The right to buy out arises when: you have not made an offer to the co-owners or you have made an offer to only some of them and you have sold your ideal part to a third party. A notarial invitation or a written declaration proposes a share purchase; you have made an offer to all co-owners, but under different conditions than those of the third party; the declaration submitted to the notary has information that is untrue. The court order is the only way to exercise the right to buy a share of your own real estate. The deadline for filing a claim is two months from the day of the sale. If you miss this deadline, you lose your claim. The parties to the case are the co-owner who wants to buy the ideal part - the plaintiff and the one who has not complied with the rules for the sale of a unit of jointly owned real estate as well as the third party who has become a buyer. The last two are defendants. When the court honors your claim, its decision makes you the owner of the ideal piece. You must pay the amount of the purchased ideal part to the third party if it has paid in advance. Otherwise, after you pay you will need to submit evidence in court. A copy of the decision will be issued to you and based on that decision it will be entered in the property register. The judgment will be invalidated if you have not paid the amount within one month and will not own the share of the real estate.