A suit of partition is a legal procedure used when multiple persons hold joint ownership rights over movable or immovable property, and seek to dissolve that joint ownership—either by converting it into individual ownership or by selling the property and distributing the proceeds fairly. Commonly referred to as an “elimination of joint ownership” lawsuit in practice, this action enables co-owners to terminate the shared property arrangement. If the property cannot be physically divided, the court may order a sale. Additionally, if requested and permitted by the circumstances, the court may convert the shared ownership into condominium ownership (individual unit ownership).

1. What Constitutes Co-Ownership?

A property may be owned by multiple persons. In such cases, their joint ownership may take the form of share ownership or undivided (joint) ownership. In share ownership, each co-owner possesses a specific share; in undivided ownership, co-owners have collective rights without fixed shares. This form of co-ownership commonly arises in situations such as inheritance, where it occurs without the parties’ intention.

2. What Is a Suit of Partition?

A suit of partition is brought by a co-owner seeking to dissolve joint ownership when co-owners no longer wish to manage property together or cannot reach an agreement. Upon request by any party, the court may order a partition in kind, dividing the property and distributing parts to each co-owner.

Alternatively, if conditions allow and a party requests it, the court may decree partition via condominium conversion. If in-kind partition is impossible or would significantly decrease the property’s value, and condominium conversion is not feasible, the court orders the property to be sold through enforcement proceedings, with the proceeds distributed according to each co-owner’s share.

3. Mandatory Mediation Requirement Before Filing

As of 1 September 2023, mediation became a mandatory procedural requirement before filing a suit of partition. If mediation is not attempted beforehand, the lawsuit will be dismissed on procedural grounds. During mediation, co-owners may agree on in-kind partition or sale. If they fail to reach an agreement, a mediation termination report is issued, and the action may then be filed.

4.Parties of the Suit of Partition

Any one or more co-owners—whether in share or undivided ownership—may file a suit of partition. A person without a legal share may not. If a single co-owner or multiple co-owners initiate the lawsuit, they must include all other co-owners as respondents. If a co-owner has died, their heirs must be joined as parties. Thus, anyone holding a legal share in the property must appear as either plaintiff or defendant.

5. Competent Court

Suits of partition involving movable or immovable property—regardless of the property’s value—must be filed with the Civil Court of Peace.

For immovable property, the competent court is the Civil Court of Peace in the district where the property is located. If multiple immovables are involved, the lawsuit may be filed in the court having jurisdiction over any one of them, extending to all.

For movable property, jurisdiction lies with the court of the defendant’s residence. If multiple defendants exist, the lawsuit may be filed in the court of any one of their residences.

6. Procedural Rules

Partition actions are conducted under the simplified (summary) procedure. After the filing of the complaint and the response, no further pleadings are permitted (i.e., there are no replies or rejoinders).

The court may order partition in kind or sale. If a co-owner requests in-kind partition, the court must assess whether such partition is technically feasible and economically sound. Priority is given to partition in kind.

Appeals against first-instance decisions are allowed via appeal to the regional court of appeals. During appeal proceedings, the first-instance decision is not enforceable. After appeal, further appeals to the Court of Cassation are generally not permitted—except in disputes based on condominium law (Law No. 634).

Because the partition action affects all co-owners, the lawsuit cannot be terminated solely by the plaintiff’s withdrawal—if any co-owner wishes to proceed, the court must continue and decide on the merits.

Litigation expenses and attorney’s fees are shared among co-owners in proportion to their shares, as the result symmetrically affects all parties.

After partition, when the property is to be sold, the court-estimated value used during the lawsuit is not binding. Once the decision is final, the Office of Sale conducts an independent valuation to determine the sale price.

7. Court’s Available Remedies

At the conclusion of the partition action, the judge may order one of three resolutions:

• 7.1. Partition in Kind

If any co-owner requests it, the court first considers partition in kind. A court-appointed expert will evaluate whether the property can be divided without losing substantial value. If feasible, the property is divided and allocated to each co-owner. If the portions are unequal in value, the court orders monetary compensation to equalize shares. However, if all co-owners consent, partition in kind may proceed even if such division would reduce value.

• 7.2. Partition by Sale

If no co-owner requests partition in kind, or the expert report deems division impractical, the court orders a sale. The terms of the sale are determined based on the co-owners’ agreement. If all co-owners consent, the sale may occur privately among them. If even one co-owner dissents, a public sale is ordered. After the court’s decision becomes final, the file is submitted to the Office of Sale, which conducts an independent valuation and executes the sale. The expert report’s value in the judicial phase is not binding at this stage.

• 7.3. Partition by Condominium Conversion

Upon the request of one of the parties, it is also possible to terminate the co-ownership through the establishment of condominium ownership. In such requests, the judge is obliged to assess whether the conditions required by the Condominium Law are fulfilled in the concrete case. If the necessary conditions exist, the court may decide to establish condominium ownership and thus terminate the co-ownership in this way.

For this method to be applied, the immovable must have been constructed in accordance with the Condominium Law, there must be an approved architectural project, or a project prepared based on the current state and approved by the competent authority must be present. The planning must be made in a way that each co-owner can have an independent section of their own; additionally, the entire building must be of masonry nature, and its construction must be completed.

If there is a discrepancy between the current state of the immovable and the official projects, or if the building was constructed without a plan, or if some independent sections are not in usable condition, this does not constitute an absolute obstacle to the establishment of condominium ownership. In such cases, an opportunity should be provided to the party requesting condominium ownership to eliminate the deficiencies within an appropriate time.

After the deficiencies are completed, the immovable is evaluated by experts based on criteria such as location, area, and intended use. If there is a long-standing, de facto usage pattern among the co-owners, this situation is given priority in the allocation. Otherwise, a fair distribution among the independent sections is ensured by the drawing of lots.