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Partition action

When the co-owners of a property want to separate it from one another but can not reach a consensus, it is an arbitrator in the dispute - the state in the face of the Bulgarian court. Judicial split is often the only way to solve this type of issue. Before proceeding to a court partition, it is desirable to make the last attempts to agree with the other co-owners with the idea of dividing the property voluntarily. There are different hypotheses - the ability to offer to buy their share and / or sell your share to them, and if they do not agree, you offer a buyer who agrees to buy it or you go to court. If you can not reach agreement, then you should take the necessary action as a legitimate measure and use the services of the state. The law invites you to file a case yourself by submitting your application for a partition. Using the services of the Court, the problems that have arisen are brought to completion as a solution. One of the specifics of the court proceedings  court case/ is obligatory for the participation of all co-owners as being without knowledge is their wish.
The division can be done in all cases of joint ownership: 

  • hereditary property; 
  • the dissolution of a matrimonial property community; 
  • termination of cohabitation; 
  • acquired through common commercial real estate; liquidation of a common right to build or upgrading and overbuilding and
  • others. 

To initiate this procedure in order to solve the issue you are dealing with, you should obtain documents related to: verification of your rights in relation to the property (s), taxes paid, schemes and certificates, etc.
With regard to court fees, each of the dividers pays them according to the value of the share received after the division. State fees are paid after the division has ended. In case the negotiations progress and their realization in the first phase of the division, the state fee will be 2% of the value of the received share. If the court has completed the partition in its entirety, the state fee is 4% of the value of the share received for each co-owner.
With regard to the close specialization of the real estate, court and voluntary divisions, you can always contact the Tinchev and Partners law offices at the following phone numbers, and in case our phones are busy, please let us know apologize for the inconvenience and, if possible, please use the other manner of communication - Viber, WhatsApp, online attorney, etc.