Co-owned Property and Dissolution of Co-ownership

Prepared by: Constantinople

Other co-owners refusing to sell the whole property does not always require you to remain in co-ownership. First assess whether ownership is by shares or collective, any relationship restricting partition and the possibility of division in kind. Transferring your share and securing sale of the whole are different transactions with different economic and legal consequences.

Initially collect current title, all co-owners' identities and addresses, any inheritance documents and use agreements. Buildings, actual use, leases and encumbrances matter. A co-owner abroad, deceased or with an unknown address may affect representation and service. Identifying every interested person is central to preparation.

Pre-litigation mediation applies to dissolution disputes. If no agreement is reached, division in kind or sale, depending on conditions, is considered in court. The proceeds reaching an expected market value or a particular co-owner necessarily buying the property cannot be stated beforehand. Court fees, inspections, experts and sale expenses must inform the decision.

For auctions announced from 31 July 2026, if all owners acquired by inheritance and no third party outside the heirs owns rights, the first auction is held once only among the owner-heirs. Earlier provisions apply to auctions announced before that date. Acquisition method and auction announcement must therefore be checked alongside the filing date.

In a paid review, we compare conditions for an agreed exit, litigation and whether existing use creates a separate monetary claim. If you are abroad, authority, document retrieval and service are arranged at the outset. The aim is not merely to file an action, but to enable a documented decision about your share, potential costs and alternative solutions.