Partition

A contract of partition involves two or more parties who own property in common dividing it so that each one is assigned a share in full ownership. Where the resulting shares are not of equal value, the gaining party might need to compensate the losing party.

All partitions of immovable property, such as land, buildings, and airspace, must be made by a public deed. For example, co-owners of a tract of land may partition it into plots so that each obtains one in full ownership. Likewise, co-owners of a block of flats may partition the units so that each co-owner is allocated a specific unit.

Co-heirs inheriting multiple properties may agree on a partition plan whereby the estate is divided into several lots, each containing a combination of properties. Under the deed of partition, each co-heir is assigned a lot in full ownership. If the co-heirs cannot agree on the allocation of the lots, they may draw lots before the notary so that each lot is assigned at random.

Taxes and duties due on partitions vary according to how the property came to the partitioners, whether the value of a party’s share increased as a result of the partition, and whether compensation was paid by any party whose share increased in value.