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 shareholder distribution can claim 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 spouse cannot be forced to remain in a community when he or she no longer wishes to do so. This has been settled in case law.

Creditor claims division of community

A creditor of one of the spouses can also demand that the community be divided so that he can recover from the sale proceeds. This must be done by bringing both spouses before the court in subpoena. It may be prudent then - before those proceedings are initiated - to seize the property, so that it is not transferred to a third party in view of the court's judgment.

Lawyer for community division and attachment

For claiming division of a common property a lawyer is needed. Therefore, contact the real estate law attorney of Lexys Lawyers to get proper advice.