This article is for general information only and does not constitute legal advice. Real-life situations must be analysed individually together with a lawyer or another legal professional. The scenarios and characters below are fictitious, but inspired by real case patterns encountered in practice.
1. What “partition” really is (beyond legal formulas)
In legal terms, partition is the operation by which a state of co-ownership is brought to an end – whether we are talking about assets acquired during marriage (the statutory community between spouses), assets inherited together by several heirs, or assets held in another form of co-ownership. Through partition, what used to be “everyone’s” becomes, in the end, each person’s: in shares, in kind (one gets the apartment, another the land), or via money adjustments (one keeps a particular asset and pays a balancing sum to the others, often called a “soulte”).
Under Romanian law, the Civil Code treats partition as a way of ending joint ownership. The general rules on partition (Articles 669–686 of the Romanian Civil Code) apply both to contractual partitions (by agreement) and to judicial partitions ordered by the court, with interpretative clarifications brought by Law no. 71/2011.
One key principle in Romanian property law is that no one can be forced to remain in joint ownership. If you are a co-owner (former spouse, co-heir or other co-owner), you generally have the right to request, at any time, termination of co-ownership through partition, subject to certain exceptions provided by law (for example, temporary indivision agreed between heirs for a limited period).
In real life, however, partition doesn’t start with code articles. It usually starts with an awkward silence at the kitchen table, a death in the family, or a difficult conversation between siblings who each remember differently “who actually built the house” or “who really kept the family afloat”. That is why partition is always more than a legal operation – it is a radiograph of a shared life.
2. When people actually end up in a partition: three typical moments
On paper, partition is neutral: a list of assets, some percentages, an allocation. In practice, people arrive at partition in a few emotionally charged contexts:
- After a divorce – when the former spouses must decide what happens to the apartment, the family house, the mortgage, the car, savings, or a business built together.
- After a death – when children, the surviving spouse or other heirs must divide the estate left by the deceased.
- In other forms of co-ownership – for instance, friends or relatives who bought property together or inherited land in common and now want to “untangle” the situation.
Most people do not walk into a law office asking, “How do I initiate a partition?” They usually come with different words:
- “I paid more than she did, it’s not fair she gets half.”
- “I stayed home with the children so he could build his career. Doesn’t that count as contribution?”
- “We worked the land all these years; the others never came to help, but now they want an equal share.”
Behind every partition file there is a story about contributions, sacrifices, expectations and promises. The difficulty is that the law operates in the language of evidence (contracts, bank statements, expert reports), not in the language of emotions.
3. What assets are actually divided – and which ones remain personal?
One of the most important questions in any partition is: “What exactly goes into the pool to be divided?” The answer depends on the legal context (spouses, heirs, other co-owners), but a few core principles are useful in practice.
3.1. Community assets vs. personal assets between spouses
Under the default matrimonial regime in Romania – the statutory community of property – assets acquired by either spouse during the marriage are presumed to be common assets, unless the law or a valid matrimonial agreement provides otherwise. It usually does not matter in whose name the asset is registered (for example, whose name appears on the title deed or the bank loan); as a starting point, the law considers it a common asset if it was acquired during the marriage.
Not all assets acquired during marriage are, however, “to be divided”. The Civil Code distinguishes between common assets and personal (separate) assets. Typical examples of personal assets that, as a rule, are not included in the partition are:
- assets acquired by inheritance, legacy or gift, provided the donor or testator did not expressly state that they become common property;
- assets for strictly personal use (for example, clothing and certain personal items);
- certain assets needed for the exercise of one spouse’s profession (if they are not part of a jointly owned business);
- some intellectual property rights and strictly personal items (such as manuscripts or works of art created by one spouse);
- compensation or damages awarded for non-patrimonial injury (moral damages) suffered by one spouse, as well as certain insured sums;
- assets acquired by using the price obtained from a personal asset (substitution of assets).
The exact categories and their legal treatment are laid down in the Civil Code provisions on the matrimonial regime of spouses and are further explained by legal doctrine and case-law.[3]
3.2. What happens to assets after divorce?
Divorce does not automatically equal partition. When the marriage ends, the matrimonial regime comes to an end, but the common assets continue to exist in joint ownership (co-ownership in undivided shares) until the partition is carried out. Former spouses may choose to carry out partition at the same time as the divorce, later, or, in certain conditions, even during the marriage if they wish to liquidate the community regime.
Many people postpone partition for years. This may create complications later: values change, new investments are made, mortgages are refinanced, enforcement proceedings may start, new creditors appear, and so on. Legally speaking, though, the request for partition can generally be filed at any time, as long as the law does not impose special restrictions in the specific situation.
3.3. Partition between heirs
In inheritance situations, partition is directly linked to ending indivision between heirs. Romanian law recognises the right of each heir to request partition at any time, even when there are clauses in a will or agreements seemingly preserving indivision, subject to the conditions laid down by law.[2]
Assets of a strictly personal nature might not be subject to partition, but the estate of the deceased – typically immovable property, bank accounts, vehicles, movable assets of value, business shares etc. – will need to be divided, either by agreement or through court proceedings.
4. How partition can actually be done: amicable, before a notary public, or in court
Practically, there are three main paths to achieve partition:
- Contractual (amicable) partition – the parties reach an agreement on what each of them receives, and, for immovable property, they sign an authenticated deed, usually in front of a public notary;
- Notarial partition – most often seen in inheritance cases or in some partitions between spouses, when there is full agreement and legal conditions are met; the notary authenticates the partition deed;
- Judicial partition – when there is no agreement or negotiations fail, one of the co-owners files an action in court, and the judge determines the assets, the shares and the actual allocation.
Under the Civil Code and Law no. 71/2011, termination of co-ownership by partition can be requested in principle at any time, and may be achieved by agreement (in which case the deed is, as a rule, notarised for immovable property) or by a court ruling. Doctrinal commentary and notarial practice stress that, in the absence of agreement, the only route left is litigation.
In notarial partition (for example, when co-heirs want to divide an inherited property amicably), the procedure is usually faster, but requires the consent of all co-owners and production of a consistent set of documents: title deeds, cadastral documentation, land registry excerpt, tax clearance certificate, certificates of inheritance or civil status documents, depending on the case.
In judicial partition, the court can order expert reports (for example, topographical plans or valuation of assets), hear witnesses, and, at the end, award assets to one or some of the co-owners, with an obligation to pay money compensation (soulte) to the others. In practice, this is usually the slower and more emotionally and financially demanding route.
5. Three stories (fictional) about partition – and what really lies underneath
5.1. “Our apartment” – a partition after 15 years of marriage
Imagine a couple married for 15 years. He has a higher income, works long hours, builds his career. She steps back from work for several years to raise their children. Together, they take out a mortgage to buy an apartment. The sale contract and the bank loan are in his name.
After the divorce, he says: “The apartment is mine, it’s in my name, I paid the mortgage, I brought in the money.” She says: “If I hadn’t stayed home with the kids, you wouldn’t have been able to work so much. I didn’t have a salary, but I contributed by my work in the household.”
In such a case, their positions are naturally very different. The law, however, starts from the presumption that assets acquired during the marriage belong to both spouses – unless they are classified as personal assets. The fact that the apartment is registered only in his name does not automatically mean he is the exclusive owner.
In court, the debate takes place on two axes:
- Establishing the mass of common assets – whether the apartment is indeed a community asset;
- Establishing the contribution shares – whether the presumption of equal contribution applies or one spouse can prove that their contribution was substantially higher or lower.
Every receipt, every bank transfer, every piece of documentary evidence can tip the balance. What, for the former spouses, is a life story, becomes in court a question of proof.
5.2. “The house in the village” – partition between siblings after inheritance
Four siblings inherit the family home in a village. Two have lived abroad for years and have rarely returned. The other two stayed, took care of the house, paid the taxes, made repairs, worked the land.
After their parents’ death, one of the siblings who stayed in the country wants to keep the house and compensate the others. Two of them agree, one refuses: “I won’t sell, that house is my childhood. We’ll see later.”
The emotional argument is entirely valid on a human level. Legally, however, a co-heir cannot indefinitely block partition solely by refusing to agree. The law protects both the freedom to stay in co-ownership and the right of each co-heir to request partition, as a rule at any time. If an amicable compromise is impossible, one of the siblings can file a court action for partition of the inheritance.
The court will determine the shares, assess any expenses borne by some of the heirs for preserving or improving the property, order a valuation, and may eventually assign the house to one of them, subject to paying a soulte to the others.
5.3. “The house built on the parents’ land” – partition between former spouses and contribution disputes
Another frequent scenario: the spouses build a house on the land owned by the parents of one of them. Legally, the land is a personal asset. The house is built over time, using common savings, loans, and perhaps money sent from abroad by one spouse.
At divorce, a series of difficult questions arise:
- Who is the legal owner of the house?
- Is the house a common asset or a personal asset of the spouse whose parents owned the land?
- Does the other spouse have a real right over the house or only a claim (credit) for reimbursement of their investment?
The legal analysis here is more technical and touches on rules of immovable accession, potential agreements between spouses and the parents, and the origin of the funds used. For the client, however, one practical point is crucial: the longer the legal situation is left unclear, the higher the risk and cost later on.
6. Common mistakes in partition – and how to avoid them
From the parties’ perspective, partition often feels like an extension of an existing conflict (between former spouses, siblings, business partners). From a lawyer’s perspective, a few key mistakes show up repeatedly:
- “We’ll sort it out between us, we don’t need any paperwork” – lack of a written agreement or clear notarised partition can lead to conflicting memories and a very difficult evidentiary situation later.
- Postponing indefinitely – even though the law allows partition to be requested at almost any time, delaying it often means depreciated assets, unregulated new investments, and family conflicts that harden over the years.
- Mixing up emotional value and market value – courts can consider certain legitimate interests (for example, maintaining a family home for minor children), but valuations are mainly based on economic criteria, not on sentimental attachment.
- Underestimating costs – court fees, expert fees, legal fees, enforcement costs; these can turn what seemed to be a “matter of principle” into a very expensive process if strategy is not carefully planned.
- Using partition as a revenge tool – “He must pay” or “She will not get anything” may be understandable reactions, but rarely translate into an efficient legal strategy. Long, hostile litigation often consumes years and resources, for a result that could have been obtained amicably with much lower costs.
- Poor preparation of evidence – people often come to a lawyer with very strong convictions but very few documents. Without bank statements, contracts, invoices, correspondence and other evidence, it is much harder to prove contributions or special circumstances.
- Not understanding the difference between amicable and judicial partition – many clients expect the court to “take everything into account”. In reality, a court can only base its decision on proven facts, not on what each party subjectively feels.
7. How to prepare, realistically, for a partition
Whether you are facing a partition after divorce or a partition of an inheritance, a few practical steps can make a significant difference:
- List all relevant assets – residential and commercial properties, land, cars, bank accounts, savings, investments, business interests, valuable movables (art, jewellery, collections), etc. Note whose name appears on the documents and when each item was acquired.
- Gather the documents – sale-purchase contracts, land registry excerpts, cadastral documents, bank statements, loan agreements, invoices, receipts for renovations or improvements, insurance policies, donation deeds, inheritance certificates.
- Separate, as far as possible, common assets from personal assets – even if you are not a lawyer, you can roughly mark assets you know you inherited, received as a gift, or bought before marriage.
- Think in terms of interests, not rigid positions – instead of just “I want the house”, think “I need secure housing for the children” or “I want to keep the business operational without being forced to sell assets”. This shift is crucial in negotiations.
- Talk calmly, if possible – a structured discussion, potentially facilitated by a mediator or by lawyers for each side, can often avoid years of litigation.
- Assess costs realistically – ask for a realistic estimate of probable costs (legal fees, court fees, expert fees) and weigh them against what you are seeking to achieve.
- Seek emotional support – a partition is not just a file number; it marks a sensitive transition in your life. Support from relatives, friends or a mental health professional can be just as important as legal support.
8. Why it often makes sense to speak to a lawyer early on
Partition is one of those areas where the law looks simple enough in theory, but the concrete application quickly becomes complex. You need to identify the mass of common assets, distinguish between personal and common property, analyse past transactions, interpret financial flows, and manage expectations on all sides.
A lawyer experienced in property and family or inheritance law can help you with:
- Legal clarification – determining what actually goes into the partition, which assets are personal, how different contributions can be demonstrated, how soultes are calculated;
- Strategy – assessing when it is worth going to a notary, when a negotiation is realistic, and when court proceedings are inevitable;
- Negotiation and drafting – a neutral professional (who still represents your interests) can de-escalate emotional reactions and translate the parties’ interests into a sustainable agreement;
- Managing litigation – preparing the claim, choosing the right evidence, communicating with experts, preparing for hearings, and, where needed, handling appeals.
In many cases, the best outcome is not “winning everything”, but closing a chapter with manageable losses and as few emotional scars as possible.
9. Conclusion: partition is less about “who gets the house” and more about how you move on
At the end of a partition, the paperwork is done, assets are allocated, soultes are calculated and – eventually – paid. What remains after the file is closed is the real question: have you managed to move on with at least some peace of mind?
Some people discover that the freedom to move forward is worth more than any particular item of property. Others realise that, although they have lost assets, they have preserved at least a workable relationship with former spouses, siblings or other relatives. Many learn that while assets can be divided, certain human ruptures are much harder to repair.
In essence, partition is not really about objects. It is about how you choose to close one stage of your life and how you prepare the next one. The legal documents – whether notarial deeds or court judgments – are just the formal shape of that transition.
Frequently asked questions about partition of assets
What is partition of common property?
Partition is the legal operation by which joint ownership of assets (immovable property, movables of value, bank accounts, etc.) is brought to an end so that each co-owner receives either specific assets in their own exclusive ownership, or a sum of money that compensates for differences in value (a soulte). Partition can be carried out amicably (usually by a notarised deed when immovable property is involved) or by a court judgment.
Is it mandatory to carry out partition at the same time as the divorce?
No. When the marriage ends, the matrimonial regime is dissolved, but the common assets remain in joint ownership until partition. The former spouses can choose to carry out partition together with the divorce, afterwards, or, in certain circumstances, even during the marriage if they decide to liquidate the community regime. The law does not oblige them to partition immediately after divorce, although postponing it can complicate the practical situation.
Which assets do not normally go into partition between spouses?
Generally, personal (separate) assets of each spouse are not included. These typically include: assets received by inheritance, legacy or gift (unless expressly made common), assets of strictly personal use, certain assets necessary for one spouse’s profession, compensation for moral damages, and assets acquired by replacing an existing personal asset with another. The exact legal classification depends on the Civil Code and the facts of each case, so it should be reviewed with a lawyer.
Can I be forced to remain in co-ownership with other co-owners or heirs?
As a rule, no. Romanian law recognises the principle that no one can be forced to remain in co-ownership. A co-owner or heir may generally request partition at any time, subject to certain exceptions and procedural conditions. There may be specific situations where indivision is temporarily maintained (for example, under certain inheritance agreements), but permanent forced co-ownership is not the rule.
Is going to a notary enough, or do we have to go to court?
If all co-owners agree on which assets exist, how they are valued, and who receives what, then partition can usually be done before a notary public by signing an authenticated deed (especially for immovable property). If there is no agreement, if some parties cannot or will not participate, or if special protection is required for minors or persons under legal incapacity, it is likely that a court action for partition will be necessary.
How long does a judicial partition usually take?
The duration depends on the complexity of the case: how many assets are involved, whether expert valuations are necessary, how cooperative the parties are, how busy the court is, and whether appeals are lodged. In practice, judicial partitions are rarely “quick” cases, which is why seriously exploring amicable options at the outset is often in everyone’s interest.
What documents are useful when preparing for a partition?
Key documents include: property deeds (sale-purchase contracts, title deeds, inheritance certificates), land registry excerpts, cadastral documentation, bank statements, loan and mortgage contracts, invoices and receipts for renovations or improvements, insurance policies, gift deeds and any other documents showing how assets were acquired and who paid for what.
Why should I speak to a lawyer before starting a partition?
Because partition sits at the crossroads of technical legal rules (on property, matrimonial regimes, inheritance) and intense emotional dynamics. A lawyer can help you understand what is realistic to expect, which battles are worth fighting, which issues can be settled by agreement, and how to go through the process with as little financial and personal damage as possible.
Disclaimer and contact details
Disclaimer: The information in this article is of a general nature and may not apply to your specific situation. It does not replace individual legal advice. For an analysis tailored to your circumstances, you should consult directly with a lawyer.
To discuss how the Romanian rules on partition might apply in your particular case (after divorce, inheritance, or other forms of co-ownership) and to obtain a tailored fee proposal, you can reach out using:
- Phone / WhatsApp: +40 756 248 777
- E-mail: alexandru@maglas.ro