The institution of co-ownership is stipulated in the Civil Code. It essentially designates a situation in which the ownership of the same movable or immovable thing is shared indivisibly by a number of entities. The Polish law recognizes two basic types of co-ownership – co-ownership in fractional parts and joint co-ownership (without isolating a fracture).
Within a co-ownership in fractional parts, each of the co-owners is empowered to dispose his or her part not having to consult other co-owners – as opposed to joint co-ownership, where the consent of all co-owners is usually required. If such consent cannot be achieved, each of the co-owners is entitled to demand dissolution of co-ownership. There are a number of ways in which the foregoing can be actioned:
- Contractual dissolution of co-ownership – the agreement must be concluded by all of the co-owners and it must incorporate the key provisions of the dissolution, e.g. the method of the dissolution, all the charges, surcharges and the method of issuing them.
- Judicial dissolution of co-ownership – it consists in non-litigious proceedings held by the district court competent as per the location of the thing being the subject of co-ownership. The application is submitted by one of the co-owners and it should indicate both – the thing to be divided and the evidence for the right of ownership. This method is subject to court fees and it may involve physical division of the thing, granting it to one or a some of the co-owners or selling the thing (the so-called civil division) being the subject of co-ownership.
CGO Legal law firm provides legal services within the scope of dissolution of co-ownership – with the use of the contractual method, as well as the judicial one. Our service includes preparation of necessary documentation and tracking the entire procedure.
In order to learn more detailed information please do contact us.