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Judicial division

Judicial division

This procedure can occur in different situations: following the divorce when leaving the individual, following the succession or following the desire of some co-owners to share the assets.

Modes of judicial sharing

There are few solutions when people want to divide the goods: in the situation where there are goods of an even number with the same value, it is simple, but when there is only one good for example or goods with a different value, things get complicated.

One of the co-owners offers half the price of the good, but if both of them want the good they must motivate an interest, or if no one wants the good or they cannot pay the difference of money the sale is organized. The parties can handle the sale together or individually, and if they do not agree or do not want to deal with the sale, a sale will be organized through the executor.

Husbands make sharing only if there is a system of the community of goods, on the goods purchased after marriage, donations or inheritance are excluded. (such as personal use goods, memories, fruits of own goods, amounts representing the use of own goods, prizes, rewards, copyright on intellectual creations)

Where is the sharing done?

Sharing can be done by notary only by agreement, and in court if you do not have time to deal or do not understand.

If the person does not want to share, the court can be forced, as well as opening the succession.

Competence is given by the place where the good is located if it is an immovable property, and if the good is movable, the general rules of competence apply.

How is the sharing done?

Normally the property exercised by several persons is realized on quotas. From the deed of ownership results the share of each owner. In the case of the husbands it is assumed that they have equal odds. The interested husband can demonstrate that he has clearly disproportionate income to his husband or the latter had no income and can obtain a higher share.

In the case of the devalued property, it is not specified what the shares of each co-owner are, the share will begin with this aspect, the setting of quotas.

Required documents

  • ID cards
  • annexes: fiscal role, receipts, etc.

Careful! Can not share the goods that belong to the category of assets held in co-ownership!

We have experience in numerous and complex files and we are willing to share it with you. We have fees starting from 150 lei.

Contact us

You can contact us by phone and email or you can complete the form and we will quote you.

Phone : 0756312330
Email : contact@consultantarapida.ro
Address : Str Cpt Nicolae Licaret nr 6 Bucuresti Sector 3 See location