When co-owners cannot agree: partition of jointly owned property

When a property belongs to more than one person (co-ownership in shares) and the co-owners cannot agree on its use or sale, each co-owner may, as a rule, request the partition of the property. In practice, this most often arises with inherited property.

Two methods

• Partition in kind: the property is divided according to the shares and each co-owner receives a separate part.
• Partition by sale: if the property cannot be divided, or division would seriously reduce its value, it is sold and the proceeds are distributed according to the shares.

The court first examines whether the property can be divided in kind. If division is not possible, it orders a sale.

Before you apply

• Check the land registry record, the zoning status and any encumbrances such as attachments or mortgages.
• If the co-owners can agree, a solution may be reached through a sale, transfer or written agreement without going to court.
• The co-owners' options to bid at the auction vary from case to case; assess this from the outset.

The lawsuit may take a long time due to the number of co-owners, the nature of the property and expert examinations. Trying to reach an agreement first often saves time and money.