It is common for a property to be owned by more than one owner. Often this is because the co-owners inherited a relative or because they bought a property together as a couple. But often this co-ownership of a property creates practical problems, particularly when personal relationships between the co-owners break down.
The property lawyers of our firm have encountered many cases where, after the breakdown of a cohabitation, former spouses disagree about who will stay in the house or how to use it. In these cases, the most drastic solution is to bring an action for the division of the joint property.
According to Article 1113 of the Greek Civil Code, if the ownership of a property is held by several persons in equal shares, the community provisions are applied.
Under Article 798 of the Greek Civil Code, the dissolution of the partnership is effected by the distribution of the property, which any of the joint owners may apply to the court for at any time.
Under Article 799 of the Greek Civil Code, if all the co-owners do not agree to the division, each co-owner may demand a judicial division in accordance with the provisions of civil procedure by bringing an action for the division of the property. According to Article 800 of the Greek Civil Code, the distribution is to be made in person if the property to be distributed can be divided, without diminishing its value, into similar parts in proportion to the percentage of co-ownership of the co-owners.
Self-division of the property means that the court will divide the common property into separate parts and each co-owner will receive his share according to his proportion of co-ownership. For example, in the case of a two-storey building owned in equal shares by two or more co-owners, the court may order the division into separate apartments by establishing a horizontal ownership and each co-owner will receive one apartment.
However, often the division is not possible either because it is prohibited by law, for example when a plot of land that is even and buildable turns out to be unbuildable in the case of partitioning, or because the division is not practically possible, as in the case of an apartment that cannot be divided into two separate apartments.
As the real estate lawyers of our office will inform you, in these cases the court will order the sale of the common property by auction and each co-owner will receive from the auction the amount due to them.
A property distribution action requires a lawyer specialised in property law, who will handle it efficiently so as to achieve good results.
If you are experiencing problems with a property that you own undivided with another co-owner, you can contact our firm’s real estate lawyers for advice on how to resolve the problem.