Co-ownership Partition Agreement

Co-ownership partition agreement – professional template in Word format

A co-ownership partition agreement is concluded by co-owners who want to leave joint ownership of a property without going to court. It is most often used among heirs who have inherited a house or land in undivided shares, but also between former partners and co-owners who bought a property together and no longer wish to hold it jointly.

Partition is governed by the Ownership and Other Real Rights Act (Zakon o vlasništvu i drugim stvarnim pravima) (Articles 47 to 56). Partition by agreement is as a rule faster and cheaper than partition by the court, where the court itself decides how the property is divided. The template also contains an express confirmation by the co-owners that none of them is seeking a judicial partition.

Key features

• Professional template – 9 articles with three ready-made partition variants, so you keep the one that matches your arrangement.
• Practical reliability – each variant comes with its own clausula intabulandi (registration consent), while separate articles cover encumbrances, tax and handover.
• Easy to adapt – the case of more than two co-owners is also provided for, with the rule that the sum of all shares must equal 1/1.
• Digital delivery – the DOCX file with completion instructions arrives by e-mail immediately after purchase.

What the template includes

• Details of all co-owners with their co-ownership shares stated
• Description of the property – court and land registry department, land registry folio, cadastral municipality, cadastral parcel number, area and address
• Consent to partition by agreement and confirmation that nobody is seeking a judicial division
• Option A – geometric division based on a subdivision survey by a licensed surveyor, with newly formed parcels and the possibility of paying out the difference
• Option B – one co-owner takes over the whole property and pays out the other, with a deadline, IBAN and proof of payment
• Option C – civil division by a joint sale, with a minimum price, a deadline and the purchase price split in proportion to the shares
• Registration consents (clausula intabulandi) adapted to each variant, tied to the payment actually made where there is a payout
• Handover of possession with a handover record and the split of costs before and after handover
• Costs of the survey, of certification of signatures and of court and administrative fees
• A tax note on the possible taxation of any surplus acquired and an article on encumbrances over the property

Who this template is for

• Heirs who have inherited a house or land in undivided shares and want to separate ownership.
• Brothers and sisters dividing the family plot into several separate parcels.
• Former partners where one takes over the property and pays out the other.
• Co-owners who cannot agree on how to use the property, where a sale and a split of the price is the cleanest solution.

Important. The signatures of the co-owners issuing the registration consent must be certified by a notary public, otherwise the agreement cannot be implemented in the land register. Geometric division additionally requires a subdivision survey by a licensed surveyor and confirmations from the competent authorities under special regulations.

Copy the land registry details and the state of encumbrances from a current title deed (land registry extract), which you can order from us. If the share is transferred within the family without consideration, consider a real estate gift agreement as well, and for the registration consent as a separate document see our clausula intabulandi template.