Methods and Conditions for Partition of Jointly Owned Property

Methods and Conditions for Partition of Jointly Owned Property

Lack of precise knowledge of certain legal terms used in property and registration laws may result in significant legal consequences. Some of these legal terms are simple, while others contain numerous provisions and require closer examination.

One such term is the partition deed. A partition deed refers to the division of jointly owned property or assets among co-owners, in which the shares and boundaries of each co-owner are clearly determined.

What Is a Partition Deed?

Registration of a Partition Deed

If multiple persons own a property and lack a partition deed, it is considered jointly owned. In such cases, none of the co-owners has the right to make any disposition in the property without the consent of the other co-owners. Any unauthorized action constitutes an offense and may result in legal prosecution. It should be noted that there is no legal obligation to prepare a partition deed, and co-owners cannot be compelled to execute one. However, if one of the co-owners wishes to determine and formalize their share, they may pursue the matter through the Registration Organization.

A partition deed must be registered through legal procedures and is considered an official document. In the absence of official registration, the partition deed lacks legal validity and is not admissible before any court.

Conditions for Drafting a Partition Deed

Under the law, until a partition deed is formally executed, no co-owner holds independent ownership of a specific unit, nor is any co-owner considered the holder of full ownership.

The preparation of a valid partition deed requires the consent of all co-owners.

In some cases, co-owners may have reached a private agreement regarding the division of the property before executing an official partition deed. Such agreements lack judicial validity. However, if one of the signatories subsequently refuses to execute the official partition deed, the other co-owners may file a court claim to compel the non-cooperative owner to execute it.

If the uncooperative owner fails to appear before the court or continues to refuse compliance, a court-appointed representative may attend the notary’s office and sign the partition deed on behalf of the absent party.

Properties Subject to a Partition Deed

Any jointly owned property may be subject to a partition deed. The preparation of such a deed depends entirely on the agreement and decision of the co-owners and may be executed for any jointly owned property. It is also possible to maintain joint ownership over certain portions of a property while dividing other parts. For example, in an apartment building, areas such as the yard and parking spaces may remain common areas, while the residential units are held in common by the co-owners. Co-owners may also agree to impose specific limitations on the use of shared areas, such as the yard and parking spaces.

Annulment of a Partition Deed

If one or more co-owners no longer recognize the partition deed and raise objections to it, they may seek annulment with the consent of the other co-owners.

A court must carry out annulment of a partition deed. Mere disregard of the deed by co-owners does not constitute annulment.

A partition deed may be reviewed and annulled by the court in the following cases:

• Inclusion of Property Belonging to Others: If the share of a third party has been allocated, in any manner, to another co-owner, the court may annul the partition deed.
• Unfair Division: If the partition deed results in the deprivation of the rightful share of one co-owner or grants an excessive share to another, the court may annul the deed upon verification of such claims.
• Follow-up on Issuance of a Partition Deed: If all stages of the application for a partition deed are completed correctly and without defects, applicants must await the official response. If the case remains pending or unresolved, follow-up may be conducted through the general court. Once the partition process is completed, a follow-up must be carried out through the Registration Office.

Required Documents for Initiating the Partition Deed Process

To initiate the issuance of a partition deed, the following documents and steps are required:

• Registration of all co-owners in the Judiciary electronic system, known as Thana.
• Submission of all documents proving ownership of the property, as well as any private partition agreements among the owners.

All conditions and specifications of the property must be stated accurately and without ambiguity. These specifications include:

• Area of each unit.
• Rights of the owners.
• Parking spaces.
• Storage units.
• Northern or southern orientation of the units.

Frequently Asked Questions About Partition Deed