Common property if one of the heirs refuses to sell or divide

Common property if one of the heirs refuses to sell or divide

Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.

If one of the heirs refuses to agree to sell the common property or divides it amicably (consensual division), the system guarantees the rest of the heirs the right to end the state of commonality and they cannot be forced to remain in it. In this case, recourse is had to the competent court to file what is known as a lawsuit (compulsion division).

Based on the regulations, the court deals with the common property according to its spatial divisibility as follows:

If the property is divisible (division in kind)

If the common property is of a large size and can be divided among the heirs without resulting in disruption of its use or a significant decrease in its value, and without causing harm to any of them:

• Article 628 of the Civil Transactions Law stipulates that the court shall divide it in kind between the partners.
• In detail, Article Seventeen of the Joint Funds Division Regulations stipulates that the department issues an independent ruling to divide the property and hand each partner his designated share of it, and the notary is responsible for issuing division or sorting deeds to enable each heir to have an independent deed with his share.

If the property is not divisible (damaged by division)

If the property (such as a small residential villa or apartment) cannot be physically divided because this would lead to damage to its utility, a significant decrease in its value, or require the payment of financial compensation among the heirs to adjust the shares:

• Article 628 of the Civil Transactions Law stipulates that the court orders the sale of money at auction.
• Article Eighteen of the Joint Funds Division Regulations confirmed this procedure by stipulating that the department rules to sell what cannot be divided (forced division), and to hand over to each partner his share of its price. After obtaining final status, the judgment is submitted to the Enforcement Court for sale at public auction and distribution of the price to the heirs according to their legal positions.

Common property if one of the heirs refuses to sell or divide

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References

• Article Six Hundred and Twenty-Eight of the Civil Transactions Law
• Article Seventeen of the Joint Funds Division Regulations
• Article Eighteen of the Joint Funds Division Regulations