Antohi Laurențiu Law Office
Division of jointly owned property after divorce and exit from co-ownership.
Do you own property together with a former spouse or other people — from a marriage, an inheritance, or a joint purchase — and can’t agree on how to divide it? Here’s a short explanation of how division works and how I can help you exit co-ownership.
What division is and when it applies.
Voluntary division or judicial division
If all co-owners agree on how to split the property, division can be done amicably, through a notarial deed — the faster and cheaper option. When there’s no agreement, or when one of the co-owners can’t or won’t sign, the only path is judicial division: a court action requesting the division of the assets.
Division of jointly owned property after divorce
Assets acquired by spouses during the marriage are generally part of the marital community and remain in co-ownership even after divorce, until division. You can request division at any time after the marriage ends — the right to request division never prescribes. Both the assets and the related joint debts are divided.
Exiting co-ownership
Co-ownership also arises outside of marriage — most often from an inheritance received by several heirs, or from property bought jointly by several people. Any co-owner can request to exit co-ownership at any time, regardless of how long the co-ownership has existed.
How a judicial division works, in practice.
Checking the documents and the shares
I review the property deeds, marriage and divorce certificates, or the certificate of inheritance, as applicable, so we can clearly establish what falls within the estate to be divided and what share each party holds.
Attempting an amicable agreement
If there’s a real chance of agreement, a voluntary division at a notary saves time and money compared to a lawsuit. I’ll tell you honestly, from our first conversation, whether that’s a realistic option in your case.
The judicial division action
If no agreement is reached, I draft and file the lawsuit. The court establishes co-ownership status, the assets subject to division, and each party’s share — often with the help of a valuation expert report.
Forming lots or selling at auction
If the asset can be divided in kind (for example, land), the court forms separate lots. If not (for example, a single apartment), it can award the asset to one of the co-owners, with an obligation to compensate the others, or it can order a sale at auction and division of the proceeds.
A division is won or lost on the evidence.
Who contributed which asset, with what money, in what share and from what date — these are the questions that decide the outcome of a division, and the answers lie in documents, records and, sometimes, expert reports. I’ll help you build the right case file from the start, so you don’t lose time and money on an incomplete or poorly grounded claim.
Send me the documents before we talk.
Fill in the form below, selecting “Joint Property Division” as the type of issue. Upload the property deeds and any other relevant document.