In cases where the ownership of a property belongs to multiple co-owners and one of them wishes to terminate this co-ownership relationship, they can legally request the division of the property through the courts.<\/p>\n
Very often, when a property belongs to several individuals, conflicts arise between the co-owners. Disputes commonly occur regarding the exploitation, sale, or use of the property by the co-owners. What can be done in such cases?<\/p>\n
When there is more than one co-owner of a property, there exists a legal concept called “co-ownership” as provided by Articles 785 and following of the Civil Code. According to Articles 797-798 of the Civil Code, the co-ownership can be terminated, and this termination occurs by way of dividing the property.<\/p>\n
If all co-owners do not agree on the division, any co-owner can request judicial division of the property. In this case, the court decides and orders the division of the property. The division can be done either in kind<\/strong> (physical division) or by auction<\/strong>.<\/p>\n Division in kind<\/strong> is done if the property can be divided into parts according to each co-owner\u2019s share without reducing its value. Furthermore, the court may decide that co-owners who receive certain parts must pay a monetary compensation to other co-owners to equalize unequal shares, and this compensation has a compensatory nature.<\/p>\n The court examines whether, based on the co-owners\u2019 ideal shares, the size and characteristics of the property to be divided, and according to common experience and logic, the physical division is possible in a way that is advantageous, does not reduce the value, and does not harm any of the co-owners.<\/p>\n If physical division is not possible or financially impractical, the court orders the sale of the property by auction. In this case, the property is auctioned, and the co-owners receive their respective monetary shares according to their ownership percentages.<\/p>\n","protected":false},"excerpt":{"rendered":" In cases where the ownership of a property belongs to multiple co-owners and one of them wishes to terminate this co-ownership relationship, they can legally request the division of the property through the courts. Very often, when a property belongs to several individuals, conflicts arise between the co-owners. Disputes commonly occur regarding the exploitation, sale,<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"pgc_meta":"","footnotes":""},"categories":[526],"tags":[],"class_list":["post-5622","post","type-post","status-publish","format-standard","hentry","category-legal-issues-for-individuals"],"rttpg_featured_image_url":null,"rttpg_author":{"display_name":"spiliopouloslaw","author_link":"https:\/\/www.spiliopouloslaw.com\/en\/author\/spiliopouloslaw\/"},"rttpg_comment":0,"rttpg_category":"Legal Issues for Individuals<\/a>","rttpg_excerpt":"In cases where the ownership of a property belongs to multiple co-owners and one of them wishes to terminate this co-ownership relationship, they can legally request the division of the property through the courts. Very often, when a property belongs to several individuals, conflicts arise between the co-owners. Disputes commonly occur regarding the exploitation, sale,","_links":{"self":[{"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/posts\/5622","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/comments?post=5622"}],"version-history":[{"count":0,"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/posts\/5622\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/media?parent=5622"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/categories?post=5622"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/tags?post=5622"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}