The joint tenancy institution in Romania refers to that situation where two or more persons (tenants in common) have in joint property in Romania a certain asset, whether it is a movable or immovable property.In general, there is confusion between the notion of severalty and joint tenancy in Romania. The difference between joint tenancy in Romania and severalty is that severalty consists of a modality of assets which has as its object a universality of undivided goods, generally resulted from an inheritance, and the notion of joint ownership of property in Romania consists in that modality of ownership which has as its object an individual good. Pavel Margarit & Associates Romanian Law Firm recommends contacting a lawyer specialized in real estate law, severance of joint tenancy, partition action from divorce lawsuits and inheritance and protecting co tenancy rights in Romania that can legally assist and represent you in an action to obtain the severance of joint tenancy in Romania or judicial partition in Romania.
The Romanian law stipulates that no one can be forced to remain in severalty. As we mentioned above, the severance of joint tenancy in Romania occurs especially in the case of inheritance, the heir having at any time the possibility to request the severance of joint tenancy in Romania. In general, it is preferred to solve the dispute amicably, as it is a faster and more cost-effective way, but if the parties do not reach an agreement, any party can address the court with an action severance of joint tenancy in Romania.
The practical way of severance of joint tenancy in Romania is represented by partition, regardless of whether it is done by agreement of the parties or by judicial partition in Romania through a partition action lawsuit in Romania, if the parties do not agree on how to renounce the joint property attribute. According to the law, the partition action may be requested even if only one of the joint tenants in common in Romania used the good exclusively, unless he acquired it by usucapion, this being an important aspect regarding the co tenancy rights in Romania.
A lawyer specialized in real estate law, severance of joint tenancy, partition action from divorce lawsuits and inheritance and protecting co tenancy rights in Romania can provide you with legal assistance and representation services regarding severance of joint tenancy amicably by coming to a division of property agreement in Romania, an action to obtain the severance of joint tenancy in court, an action to obtain amicable partition or judicial partition in Romania. Regarding the amicable settlement, assistance may consist of negotiating, setting the strategy and crafting the steps to be taken according to the outcome of the negotiations. In a judicial partition action in Romania, the real estate litigation attorney will pursue the best interests of the client and develop strategies to ensure an equitable division of property in Romania.
In principle, the partition of the joint ownership assets is in kind, depending on the share held. If the good is not divisible or is not conveniently shareable, the partition is achieved by assigning the whole good in exchange for a balancing payment in favor of a tenant in common in Romania or by selling the good.
„Pavel Margarit and Associates Romanian Law Firm is internationally recognized in the field of real estate law in Romania, and our lawyers specialized in real estate law, severance of joint tenancy, partition action from divorce lawsuits and inheritance and protecting co tenancy rights in Romania have outstanding experience in this area of practice, always developing strategies for even the most complex situations”, affirmed the Managing Partner of Pavel Margarit and Associates Romanian Law Firm, Radu Pavel.
In conclusion, the tenants in common can obtain severance of joint tenancy in Romania either amicably or by judicial partition in Romania. Any tenant in common may request the partition, even if only one of them has used the good exclusively. An important requirement is that it has not been acquired by usucapion, in which case the partition can no longer be demanded. Pavel Margarit and Associates Romanian Law Firm recommends contacting our lawyers specialized in real estate law, severance of joint tenancy, partition action from divorce lawsuits and inheritance and protecting co tenancy rights in Romania through the contact form on our website https://avocatpavel.ro/contact/, who can provide you with top-tier legal assistance and representation in the area of practice of real estate law in Romania.