The question below offers a general framework on the conditions for dissolving co-ownership of real property held in shares. In a specific case, time limits, documents and the regulations in force are assessed separately.
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Under what conditions can the dissolution of co-ownership of real property held in shares be requested?
The dissolution of co-ownership of real property held in shares may be requested within the framework of the statutory conditions for division or for liquidation by sale.
It is investigated whether there is a valid circumstance or a special legal obstacle that makes it necessary to continue the co-ownership. If partition in kind is possible, its conditions are considered first; if it is not possible, the options of dissolution by sale are assessed. The shares in the property, its zoning status, the structures on it, its use and the encumbrances are important. In disputes over the dissolution of co-ownership, mediation as a condition precedent to litigation must also be taken into account, and the claim must not be confused with other land registry actions.