Judicial Partition Procedure
Judicial Partition Procedure

Summary/Abstract: The analysis of the judicial partition procedure cannot be conceived without reviewing the concepts of joint-tenancy and co-ownership, because partition necessarily implies a joint-tenancy or co-ownership which is to be ended.When the right of ownership over a single good or over a universality of goods belongs to several persons, their right appears in the form of a common property right. The common property right comes in two forms, namely in a share in the right of property respectively, in the right of joint tenancy (right that belongs to spouses). In the first form, respectively, in a share in the right of property, the right is divided into shares or fractions, and in the second form, respectively in the right of joint tenancy, the joint tenants have an unlimited right, i.e. unfractionated, in regard to the good or goods that form the object of the joint tenancy.If the right of ownership of several persons refers to a universality of goods, we are speaking about a joint tenancy.

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