Resolving joint property issues in Greece
Resolving joint property issues in Greece
In Greece, when multiple individuals share ownership of a property, disagreements can often arise regarding its use, management, or future. When consensus is impossible, the law provides specific mechanisms for resolving joint property issues in Greece. These legal pathways ensure that disputes are settled fairly while protecting the value of the property and the rights of each co-owner.
The fundamental tool for resolving joint property issues in Greece is the action for division of property, as outlined in Articles 798, 799, 800, and 801 of the Greek Civil Code, combined with Articles 480, 480A, 481, and 484(1) of the Greek Code of Civil Procedure (CCP). Through this procedure, any co-owner may demand the termination of joint ownership. Importantly, this type of action is considered a necessary joinder lawsuit, meaning that all co-owners must participate as parties in the proceedings. Failure to include all parties can lead to dismissal of the lawsuit.
The goal in these proceedings is clear: to end the state of joint ownership either by physically dividing the property among the co-owners (in natura division) or, when that is not possible, by selling the property through a court-ordered public auction and distributing the proceeds according to each owner’s share.
It is not required for the claimant to specify whether they seek physical division or sale. This decision is left to the court, which will evaluate the nature, size, and usability of the property to determine the most appropriate method for resolving joint property issues in Greece. If necessary, the court can appoint expert appraisers to assess whether the property can be divided without significantly diminishing its value. However, the court may also independently judge the situation based on the evidence and the characteristics of the property.
Physical division is the preferred method when it is possible to divide the property fairly according to each co-owner’s share without reducing its total value. Article 481(1) of the CCP explicitly empowers the court to avoid unnecessary complications when it is obvious whether division is feasible. It is important to note that the court’s decision on whether division is possible is a matter of fact and, therefore, is not subject to review by Greece’s Supreme Court.
If the property can be physically divided, the court will proceed to allocate distinct portions to the co-owners, ensuring that each portion corresponds to their ownership percentage. In cases where the portions are of equal value, allocation is generally done through drawing lots, unless a different method better serves the interests of the parties. When the portions are unequal, they are assigned directly to the corresponding co-owner, with the court having the authority to order a balancing payment if needed, as provided under Article 481(2)(a) CCP.
However, when considering resolving joint property issues in Greece through physical division, the courts maintain a key principle: monetary compensation alone is not sufficient unless it supplements an actual physical division. Each co-owner must receive a tangible part of the property, ensuring that the fundamental essence of ownership remains intact. Cash payments are only allowed to balance minor differences in value among divided portions.
In contrast, if physical division would either significantly reduce the property’s value, create portions unsuitable for independent use, or is otherwise impractical, then the court will move forward by ordering a judicial sale via public auction. This method of resolving joint property issues in Greece ensures that the property’s full market value is realized and distributed fairly among the co-owners according to their respective shares.
During the process of auction, the sale is conducted under the court’s supervision, ensuring transparency and protection of the co-owners’ rights. Once the sale concludes, the proceeds are divided among the co-owners according to their legal ownership percentages, effectively bringing an end to the joint ownership.
Throughout the entire legal process for resolving joint property issues in Greece, the court’s primary concern is safeguarding the rights of all co-owners while preserving the property’s economic value. Whether through physical division or sale by auction, the Greek legal system offers clear, structured procedures to manage these disputes efficiently.
In conclusion, resolving joint property issues in Greece requires careful legal planning, expert handling, and a strategic approach to ensure a fair outcome for all parties involved. At every stage, from filing the lawsuit to final distribution, understanding the legal framework is essential for protecting your property rights and achieving a satisfactory resolution.
For expert legal advice and assistance regarding joint property issues in Greece, contact the best real estate lawyers in Greece at Economou & Economou Law Office in Athens — named among the Best Law Office in Greece by Lawzana.
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