{{code}}
Co-owned Property and Dissolution of Co-ownership
Co-owned Property and Dissolution of Co-ownership
Prepared by: Constantinople
Sale of a share in co-owned property to a third party may trigger statutory pre-emption for other co-owners. Not every share transfer is a sale; the transaction and statutory exceptions must be examined. Exercising the right requires proceedings against the buyer. Learning of a sale does not automatically transfer title into your name.
Current rules provide forfeiture periods of three months after notarial notification and, in any event, one year from sale. The amendment to Article 733 TMK does not apply to sales before 25 December 2025; the former two-year outer limit remains for those sales. Do not rely only on older online accounts of two years. Include the sale date, notarial notification and complete document received in the initial review.
Preparation of funds is part of litigation strategy. Under the current system, the market value determined by the court and title expenses attributable to the buyer must be deposited in cash within a strict period. A budget should not rest solely on a low amount in the official deed. Under provisional Article1/2 TMK, the Article734 amendment also applies to actions filed before entry into force. Transitional rules for periods and depositing the price therefore have different effects.
Send the entry, sale deed, co-ownership history and any actual-use agreement together. In a paid review, we assess requirements, the application period and funding needs in writing. Being abroad does not automatically extend these periods. When you learn of the sale, begin initial legal assessment without waiting for every document.