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According to the provisions of the New Civil Code, partition in Romania is the legal process to divide co-ownership in Romania or part the equitable interest in real property in Romania amongst co-owners.If those who exercise joint ownership do not proceed to divide the real property in Romania by mutual agreement, they have the option to choose the judicial partition in Romania. The partition action in Romania is imprescriptible, which means that the termination of co-ownership in Romania through partition can be requested at any time, except in cases where partition has been suspended by law, legal act or court decision. The Romanian Law Firm Pavel Mărgărit and Associates recommends consulting a civil litigation lawyer and a partition lawyer in Romania to ensure proper and efficient conduct of the partition action, both in the context of partition between spouses, divorce partition in Romania or marriage partition in Romania, as well as in the partition of inheritance in Romania.
Marriage partition and divorce partition in Romania
In some cases, spouses wish to divide their assets without divorcing, and the marriage partition in Romania can be carried out either amicably or through a partition action in Romania. Additionally, partition may involve all assets or only a portion thereof, depending on the preferences and needs of the parties involved.
At the end of a marriage, the division of real property in Romania (partition in Romania) can be done in two ways: voluntary partition in Romania, by concluding a partition agreement in Romania, and judicial partition in Romania, by pronouncing a court decision. The difference between these two methods lies in how the partition is carried out, which is determined by the agreement or disagreement of the spouses regarding the assets to be divided and the method of distribution.
The voluntary partition in Romania procedure occurs when the parties reach a partition agreement in Romania on the division of real property in Romania and conclude a partition agreement in Romania before a notary public, thus determining who receives each asset from the spouses’ common assets. The exclusive property rights in Romania over these assets arise on the date established in the partition agreement in Romania, so, depending on the agreed understanding, the common assets become the exclusive property rights in Romania of each spouse.
The judicial partition in Romania procedure intervenes when spouses fail to reach a voluntary partition in Romania on the division of their assets and decide to file a partition action by filing a lawsuit against the other spouse. The claim will include mentions regarding the assets for which partition is requested, their estimated value, their location, and the proposed method of division, which is why the legal assistance of a partition lawyer in Romania and a civil litigation lawyer in Romania from The Romanian Law Firm Pavel Mărgărit and Associates is essential to ensure representation before the court and to defend the interests of the party, respectively the fair and equitable division of real property in Romania.
Partition in inheritance procedure in Romania
The partition of inheritance procedure in Romania is the process by which the state of indivision between the heirs of a deceased person is terminated, involving the common property rights in Romania of the heirs over the inheritance. For each heir to become the exclusive owner of the assets they are entitled to, partition of inheritance procedure in Romania must be carried out and there are two types of partition of inheritance procedure in Romania: provisional and definitive. Partition of inheritance procedure in Romania exclusively concerns the assets over which the deceased held real rights, such as ownership or superficies. The debts and liabilities of the deceased do not enter the indivision process, and likewise, the assets that are transferred to legatees with particular title are not subject to partition of inheritance procedure in Romania.
The partition of inheritance procedure in Romania or exit from co-ownership in Romania can be requested by co-owners, namely legal heirs and universal or general legatees. Additionally, successors in rights of the co-owners may request an exit from co-ownership in Romania, being those to whom the property rights in Romania are transferred either by an assignment of succession rights or by the opening of the co-owners inheritance in the event of the death of one of them, and the creditors of the co-owners and those of the deceased. As in the case of marriage partition in Romania, they are entitled to intervene to recover their claims, which is why a partition lawyer in Romania and a civil litigation lawyer in Romania can offer legal assistance in assessing the rights of the interested party, in negotiations with other heirs or creditors, in preparing the necessary documents, and in representing them before the court, contributing to obtaining a favorable outcome in the partition action in Romania.
“We are committed to providing our clients with the highest quality legal assistance in various fields, including promoting a partition action in Romania during marriage, divorce partition in Romania, and partition of inheritance procedure in Romania. We focus our efforts on protecting and promoting the interests and rights of our clients before the court,” stated Dr. Radu Pavel, Coordinator Lawyer at The Romanian Law Firm Pavel Mărgărit and Associates.
The Romanian Law Firm Pavel Mărgărit and Associates invites you to confidently contact our team of partition lawyers and civil litigation lawyers in Romania to provide legal assistance in both in divorce partition in Romania for the correct division of common assets and partition of inheritance procedure in Romania for the favorable resolution of the partition action in Romania, by completing the contact form with a simple access at the address https://avocatpavel.com/contact/.
In conclusion, partition represents a legally significant operation, whether it is marriage partition in Romania, divorce partition in Romania orpartition of inheritance procedure in Romania. It is essential that these procedures are managed with care and expertise to ensure a fair and equitable division of common assets and inheritance. The Romanian Law Firm Pavel Mărgărit and Associates is one of the top law firms in Romania, providing high-quality legal services and our team of partition lawyers and civil litigation lawyer in Romania is ready to provide support in evaluating common assets and representation before the court in the partition action in Romania.