When a property is held in co-ownership and the co-owners are unable to reach an agreement regarding its administration, use, or possible encumbrance, the legal regime of the division of common property becomes necessary.
This system is a legal solution often used to resolve conflicts between co-owners. In the absence of consensus, any of the co-owners can file a special action in court to divide the common property to resolve the dispute.
Within the framework of this action, and if no agreement can be reached between the parties, the court will decide to:
- Divide the property between the co-owners, if feasible; or
- Promote the judicial sale of the property, subsequently awarding the amount corresponding to each co-owner’s share.
It should also be noted that when the property in question results from inheritance and the heirs cannot agree on the division, the appropriate solution is to resort to a judicial or extrajudicial inventory process (and no longer an action for the division of common property).
VCA has a team of highly qualified and experienced lawyers in this area, prepared to provide rigorous legal advice and accompany each client throughout the process, until its final resolution.
Dispute Resolution Department
Vera Chalaça | Sandrine Ribeiro
