Distribution of common property

There may be several reasons why you own real estate not alone, but together with someone else. For example, if you bought a home with a partner, owned a business property with a business relationship, or if you acquired property together as heirs. This often leads to disagreements. Especially if one of the sharers wants to keep ownership of the property and the other does not. In addition, the creditor of one spouse may wish to recover on the property. In both cases, partition can be claimed.

Partner claims division of community

The law states that a spouse can claim division of the community. This can be done in several ways: one spouse can buy out the other (or vice versa), or they must monetize the property together. If the spouses cannot work it out together, the court will determine how to divide. It may also determine that one of the spouses may buy out the other. In any case, a partner cannot be forced to remain in a community if he or she no longer wishes to do so. This has been settled in case law.

Creditor claims division of community

Likewise, a creditor of one of the partners can claim that the community be divided so that he can recover recover the sale proceeds. This must be done by the two sharers in court at subpoena. However, it may then be prudent - before those proceedings are initiated - to seize the case so that it is not transferred to a third party in view of the court's judgment.

Lawyer for community division and attachment

Claiming division of a joint property requires an attorney. Therefore, contact the real estate law attorney of Lexys Lawyers to get proper advice.