1/1/1900
Under the laws of Romania, the co-ownership can cease by voluntary partition, or, in case the parties do not come to an agreement, by judicial partition, when the court decides upon the division of common property between the co-owners.
Any of the co-owners is entitled to make the petition for partition. The right to sease the co-ownership state is not subject to prescription. The claimant shall mention in the petition the names and address of the other co-owners, the ownership title which attests his position of co-owner, the common assets, the place where they are located and a provisory evaluation. The applicant has the obligation to pay the legal tax – which in the partition cases is of 3% of the value of the common property. Apart from this tax, in case the claimant contests the assets to be partitioned, their value or the rights or the quota of the other co-owners, the claimant shall pay the legal tax according to the disuted value, according to the grid stipulated by the Law regarding the legal tax no. 146/1997, as it was amended.
The court shall proceed, when it is possible, to partition in kind. To this purpose, the court shall proceed to form the lots and allot them to the co-owners, in accordance with their quota. In case the lots which are formed are not proportional with the quota of each co-owner, they shall be completed with an amount of money, for the exceeding part.
If in order to form the lots there shall be needed measurements and evaluation operations, for which the court does not have sufficient information, then the court shall decide to be done an expertise report. The report will show the evaluation and the criteria taken into account in determining it, and it will indicate if the property can be conveniently divided in kind and the way it can be divided, and shall propose the lots which are to be alloted.
When forming and allotting the lots, the court will take into account, as appropriate, of the agreement of the parties, of the quota of each co-owner, of the property to be partitioned, of the nature of the assets of the common property, of the address and occupation of the co-owners, of the fact that any of the co-owners before the partition was requested, made constructions, improvements having the agreement of the of the co-owners etc.
In case the partition in kind of the common property is not possible or it would cause a significant decline of its value or it would damage its economic destination, at the request of one of the co-owners, the court shall provisory assign him the respective asset. If several joint owners ask to be assigned the property, the court will take into account the criteria stated above and will determine the term within the co-owner whom the asset was provisory assigned is required to deposit the amounts of money representing the quota due to the other co-owners, according to their quotas .
If the co-owner who was provisory asigned the asset shall deposit, within the term given by the court, the amounts due to the other co-owners, then the court shall allot him the respective asset, by decision. If the co-owner does not deposit the amounts due to the other co-owners, then the court may assign the asset to another co-owner.
At the request of one of the co-owners, the court, considering the circumstances of the case, for certain reasons,shall be able to assign the property directly by decision, establishing also the amounts to be paid to the other co-owners and the terms within which they are to be paid.
In case none of the co-owners does not require the court to allot the common asset, or although it has been provisory asigned to one of the co-owners and he did not pay the due amounts within the term established by the court, then will decide that the common asset to be sold, establishing also if the sale will be made by the parties (by their mutual agreement) or by the judicial executor - in the latter case, by public auction. The amounts resulted from the sale will be divided by the court according to the quota of each co-owner.
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