Resolving Co-Ownership and Partition Disputes in Romania When Heirs Live Abroad

Legal Regime of Co-Ownership in the Romanian Civil Code

1. What is co-ownership under Romanian law?

The Romanian Civil Code defines common ownership as the situation where a private ownership right has two or more holders over the same asset. In other words, there is a single property (for example, a flat, a house with land, agricultural plots), but several people simultaneously hold the right of ownership over it, each with a share that can often be expressed as a fraction (1/2, 1/3, 1/6 etc.). In legal terms, this is the ordinary form of co-ownership (coproprietate pe cote părți), where each co-owner has an ideal share in the property, even if the property is not physically divided.

The Civil Code distinguishes between several main forms of common ownership:

• Co-ownership in ideal shares (coproprietate pe cote părți) – the “classic” situation in which each co-owner has a quota (share) that can usually be sold, mortgaged, or inherited separately.
• Joint ownership (proprietate în devălmășie) – typically linked to the matrimonial regime of community property, where spouses own assets without individual quotas being determined until partition.
• Ordinary vs. forced co-ownership – ordinary co-ownership can be ended at the initiative of any co-owner through partition, while some forms of co-ownership are “forced” for as long as the legal situation lasts (for example, certain common parts in condominiums).

In inheritance contexts, co-ownership usually appears as successional indivision: from the moment of death, the estate (house, land, bank accounts, company shares, etc.) belongs jointly to all heirs who have accepted the inheritance. Each heir has a share, but until the partition is done, their rights are exercised jointly over the entire estate.

2. Rights of co-owners over the common asset

Even if a property is not yet partitioned, co-owners are not “blocked” in a legal limbo. The Civil Code gives them concrete rights and obligations, including:

• Right to use the asset: each co-owner may use the common property according to its destination, provided that they do not exclude the others or change the normal use of the property. In practice, courts look at whether one co-owner has “taken over” the asset exclusively, to the detriment of the others, and can award compensation for exclusive use.
• Right to a share of the fruits and benefits: rental income, agricultural yields, compensation paid by insurers or expropriation authorities, and other economic benefits must be shared among co-owners proportionally with their shares.
• Contribution to costs and burdens: taxes, necessary repairs, insurance premiums and other expenses linked to preservation and normal use of the asset must be borne by co-owners in proportion to their shares, unless they agree otherwise. A co-owner who has paid more than their share can claim reimbursement from the others when the partition takes place or through a separate action.
• Acts of conservation, administration, and disposal: any co-owner may perform urgent conservation acts (for example, closing a broken window, emergency roof repairs) without prior consent, and later demand reimbursement of the necessary expenses. Acts of ordinary administration (such as signing a regular lease) and acts of disposal (sale, mortgage, etc.) require the agreement of the co-owners according to the rules on majorities and unanimity. As a rule, selling the entire property requires all co-owners’ consent.

These mechanisms aim to balance flexibility (one co-owner can act to protect the property) with the protection of the others (important decisions require their consent). If one co-owner sells the entire property without the others’ consent, the transaction is, as a rule, only effective for their own share, not for the shares of the non-consenting co-owners, who can challenge the act.

3. The right to exit co-ownership at any time

A key safeguard in Romanian law is that, in principle, nobody can be forced to remain in co-ownership forever. Any co-owner may request partition (partaj) at any time, and the action for partition is generally not subject to extinctive prescription. This applies both to succession co-ownership (several heirs over the estate) and to other forms of co-ownership (for example, friends or business partners who bought a property together).

In the context of inheritance, the Civil Code treats co-ownership as a temporary state – indivision – that can and should eventually be replaced by exclusive ownership over specific assets or by monetary compensation. The instrument used to achieve this is the partition, which may be voluntary (amicable) or judicial (by court judgment).

Voluntary vs. Judicial Partition

1. Why partition is necessary in practice

Staying in co-ownership indefinitely is rarely practical. Common problems include:

• Disputes about whether to sell or keep the property.
• Disagreements over who can live in the property and under what conditions.
• One heir paying all taxes and repairs, while others contribute nothing.
• Blocks in transactions (for example, a buyer wants the whole property, but one co-owner refuses to sign).

Partition transforms a vague and conflict-prone situation (everyone owns “a share of everything”) into clear rights: each former co-owner either becomes the sole owner of a particular asset (for example, the house) or receives money (a balancing payment, called sultă) corresponding to their share.

2. Voluntary partition (amicable partition)

Voluntary partition is the solution where co-owners reach agreement on how to divide the assets and simply formalise that agreement, typically before a notary. For inheritance, this is expressly regulated in the Civil Code: if all heirs are present and have full legal capacity, they may organise the partition by mutual agreement, in whatever form and by whatever act they choose. However, if immovable property (houses, land, apartments) is included, the partition agreement must be executed in authentic notarial form, otherwise it is absolutely null. This ensures that the division can be registered in the Land Book and will be enforceable against third parties.

In practice, voluntary partition can take several forms:

• Succession partition deed at a Romanian notary, combining the succession procedure with the division of the estate in a single authentic act.
• Separate partition deed after the issuance of the certificate of inheritance, where the co-heirs agree how to allocate specific assets or how to compensate one another in money.
• Contractual partition between co-owners who acquired a property together (for example, former partners, siblings who bought an apartment jointly) and now want to separate their interests.

Advantages of voluntary partition include time and cost savings, greater control over the result (the parties can design creative solutions that a court might not order), and the possibility of preserving family relationships. For heirs living abroad, voluntary partition is often the most efficient route, provided that they can be validly represented through powers of attorney and that there is at least a minimum willingness to cooperate.

3. Judicial partition (partition by court judgment)

When amicable agreement is impossible – for example, one heir refuses any discussion, blocks the sale, or there are disputes over the share of each heir – partition can be obtained through the courts. The Civil Procedure Code contains a special procedure for judicial partition, applicable to any claim to divide assets held in common. The court examines the situation in several stages and issues a judgment that both ends the co-ownership and clarifies financial relations between co-owners.

In outline, the judicial partition procedure involves:

• Filing a claim with the competent court, which must specify the co-owners, the common assets, and the claimed shares. For inheritance, co-owners should normally first check with a notary and obtain a certificate of inheritance or at least a notarial conclusion verifying the succession records.
• Proving co-ownership and shares through title deeds, the certificate of inheritance, previous court judgments, and any relevant agreements between the parties.
• Identifying the assets to be partitioned (immovables, movables, money, debts and claims between co-owners) and their value. For immovables, courts usually order expert valuation by a licensed appraiser.
• Preferring partition in kind wherever possible: if a plot of land can be physically divided into economically viable parcels, the court tends to allocate each co-owner a separate parcel corresponding to their share.
• Attribution and cash balancing where partition in kind is not possible or would seriously reduce the value of the assets. In such cases, the court can attribute an entire asset to one co-owner (for example, give the house to one heir) and order them to pay a sultă to the others, so that each receives the value corresponding to their share.
• Sale and distribution of price: if no co-owner wants to take over a particular asset or partition in kind is impossible, the court may order its sale, often by public auction, and will distribute the price among co-owners proportionally.

The final judgment will specify who becomes the exclusive owner of each asset and what amounts are owed between former co-owners. For immovables, the judgment is used to register the new situation in the Land Book, after which co-ownership ceases.

How to Involve Heirs Abroad: Powers of Attorney, Consular Acts and Video Hearings

1. Representation in notarial procedures

Heirs who live abroad are not required to travel to Romania personally in order to participate in a succession procedure or sign a partition deed. Romanian law allows them to act through a representative, based on a valid power of attorney (procură). This power of attorney must usually be authentic (i.e., signed before a notary or a competent public authority) and clearly describe the representative’s powers (for example, to accept the inheritance, to sign the partition deed, to sell or buy a specific property, to receive money).

According to the Law on Notaries Public and Notarial Activity, acts performed by notaries public are public authority acts and have the evidentiary and, where applicable, enforcement force provided by law. The same law expressly allows notarial acts to be carried out not only by Romanian notaries, but also by Romanian diplomatic missions and consular offices, within the conditions and limits set by law. In practice, this means that Romanian embassies and consulates can authenticate powers of attorney and declarations intended to produce legal effects in Romania.

The Ministry of Foreign Affairs explains that for the authentication of powers of attorney and declarations, interested persons must appear in person at the embassy or consulate, prove their identity and Romanian citizenship with a valid identity document, and sign the document before the consular officer. The document is drafted or at least checked against Romanian legal standards, and the consular officer certifies the identity and will of the person. The resulting power of attorney is treated in Romania as an authentic document issued by a Romanian authority and can be used directly before notaries, courts, and other Romanian institutions.

For heirs abroad, this is often the most straightforward option: each heir books an appointment at the nearest Romanian consulate, signs a special power of attorney in favour of a trusted person in Romania (often a lawyer or a relative), and sends the original to Romania by courier. The representative can then appear before a Romanian notary to open the succession, accept the inheritance, and sign the partition deed, within the limits of the mandate.

2. Foreign powers of attorney and apostille

If a Romanian consulate is too far away or appointments are unavailable, heirs can also sign a power of attorney before a local notary in the country of residence. In this case, several extra steps are needed before the document can be used in Romania:

• The power of attorney must be executed in authentic form according to local law – a simple “signature certification” is usually not sufficient. The notary must verify the identity of the principal, ensure that the principal understands the content, and insert an appropriate closing formula confirming that the document is an authentic instrument.
• For states that are parties to the 1961 Hague Convention on apostille, the power of attorney must typically bear an apostille issued by the competent authority in the foreign state. The apostille certifies the authenticity of the notary’s signature and seal, so that Romanian authorities can accept the document without a full chain legalisation.
• For states that are not parties to the Convention and have no bilateral agreement with Romania, supralegalisation (a multi-step legalisation process) is usually required.
• The power of attorney must then be translated into Romanian by an authorised translator in Romania, and the translation must be notarised. The Romanian notary will work based on the translation and check whether the mandate text is adequate for the intended acts.

Specialised doctrine and notarial practice highlight that, while it is preferable to sign the power of attorney at a Romanian consulate, powers of attorney executed abroad in authentic form and properly apostilled or legalised can also be accepted in Romania. However, content and form must be carefully checked in each case, to avoid situations where the Romanian notary considers the document unusable.

3. Representation in court: lawyers and other agents

In court proceedings, the Civil Procedure Code allows parties to exercise their procedural rights either personally or through a representative. Representation may be legal (for minors or persons without capacity), conventional (voluntary) or judicial (appointed by the court). For adult heirs living abroad, the relevant form is conventional representation: they may appoint a representative to carry out all acts of the judicial partition procedure on their behalf.

There are three important sets of rules:

• Who can be a representative: individuals may be represented before the first instance and in appeal by a lawyer or another agent (for example, a relative), but only a lawyer may draft and argue the recourse (recurs) and, in general, argue on procedural exceptions and the merits before higher courts.
• Scope of powers: certain “acts of disposition” – such as renouncing the claim or the right, accepting the judgment, or concluding a court settlement (tranzacție) – may only be carried out by the representative if they have a special mandate or with prior approval of the court. A generic mandate “to represent me in all respects” is not always sufficient.
• Form of mandate: if the representative is not a lawyer, the power of attorney must generally be in authentic form (for example, a notarial or consular power of attorney) or given verbally before the court and recorded in the minutes of hearing. For lawyers, representation is usually based on the written power of attorney issued by the bar (împuternicirea avocațială) and the underlying legal services contract.

In practice, for heirs abroad, the simplest and safest solution is to work with a Romanian lawyer who will handle the entire judicial partition procedure. The heir signs a legal assistance contract, the lawyer issues the power of attorney, and representation is valid without further consular formalities. If a non-lawyer relative is to represent the heir, then a consular or notarial authentic power of attorney from abroad is necessary, drawn up with reference to the specific case.

4. Language barriers and translators

If an heir who lives abroad does not speak Romanian, the court must ensure that they can understand and be understood. The Civil Procedure Code provides that where a party or person to be heard does not know Romanian, the court will use an authorised translator or interpreter. In some situations, and with the consent of all parties, the judge or court clerk may also act as translator.

For heirs abroad, this means that, if they appear personally in a hearing (physically or by video), the court can appoint a translator so that they can follow the discussions and answer questions. The costs of translation are usually included in the litigation costs.

5. Video hearings and remote participation

In recent years, Romanian civil justice has moved gradually towards the use of video technology. Under special legislation adopted during the COVID-19 pandemic, courts were allowed, with the parties’ consent, to hold civil hearings by audio-visual means, provided that identity and security of communication were ensured. The summons had to indicate that the hearing would be conducted by video, and the courts could ask other courts to provide the technical equipment for participants who did not have access to adequate technology at home.

Subsequently, legislative initiatives have sought to make videoconferencing a more permanent fixture in civil cases, especially in situations where an adjournment is otherwise predictable and travel would be pointless. As of late 2025, projects to amend the Civil Procedure Code in this sense have passed the Senate but are still progressing through the legislative process, and practice varies significantly between courts. I cannot confirm that every court in Romania is obliged to conduct hearings by videoconference in partition cases; rather, remote participation is possible in many courts, but remains subject to technical feasibility, internal regulations, and, often, the judge’s assessment.

For heirs abroad, video participation can be extremely useful: instead of flying to Romania for a short hearing, they may be able to connect from abroad, verify their identity according to the court’s instructions, and give their statements. In each concrete case, however, the lawyer should check with the court whether videoconference is technically and procedurally available.

Practical Steps for Heirs Abroad to Reach a Settlement or Court Judgment

1. Map the situation: property, co-owners, and documents

The starting point is to clarify the legal and factual situation. Before thinking about negotiation or litigation, heirs abroad should coordinate with someone in Romania (a lawyer, a relative, or a trusted friend) to gather at least the following:

• Death certificate of the deceased whose estate includes the Romanian property.
• Ownership documents for the property: sale-purchase contract, donation, exchange contract, previous partition deed, or court judgment; and the latest Land Book extract (extras de carte funciară).
• Any earlier certificates or acts: certificate of inheritance, previous succession deeds, matrimonial property agreement, or will (if any).
• Identification and contact details of all heirs/co-owners, including those abroad, and any information about their willingness to cooperate.
• Tax documents (property tax receipts), utility contracts, and any evidence of expenses paid by one of the co-owners.

At this stage, it is also important to identify whether the property is part of an estate that has not yet been formally opened before a Romanian notary. If no certificate of inheritance has been issued, the first procedure is usually a succession procedure at a notary, followed, where appropriate, by partition (either at the notary or in court).

2. Choose between voluntary and judicial partition

Once the basic documents are in place, the heirs should assess realistically whether an amicable solution is possible. A few practical questions help:

• Is there fundamental disagreement about whether to keep or sell the property?
• Are there serious conflicts of trust between the heirs (for example, accusations of having “stolen” money from the deceased, or having lived rent-free in the common property for many years)?
• Are any of the heirs minors or under a protection measure (guardianship, judicial council), which would require authorisation from guardianship authorities?
• Is at least one person willing to act as a “coordinator”, maintain communication, and work with a lawyer or notary?

If most heirs are open to negotiation and there are no major legal obstacles, voluntary partition at a notary is typically faster and cheaper than court proceedings. If, on the contrary, one or more heirs systematically refuse to sign anything, block access to documents, or make unrealistic demands, judicial partition may be unavoidable.

3. Preparing powers of attorney for heirs abroad

Regardless of the chosen route, heirs who cannot travel to Romania should organise their representation as early as possible. A practical roadmap is:

• Step 1 – Choose a representative in Romania: usually a lawyer, but it can also be a trusted family member. For judicial partition, a lawyer is strongly recommended.
• Step 2 – Clarify the scope of the mandate: the power of attorney should clearly state whether the representative may accept the inheritance, sign the succession minutes, sign partition deeds, sell the property, agree on balancing payments (sultă), receive money, or conclude settlements in court.
• Step 3 – Decide where the power of attorney will be executed: at a Romanian consulate (ideal solution for Romanian citizens) or before a local notary in the country of residence, followed by apostille/legalisation and translation.
• Step 4 – Coordinate draft texts with the Romanian notary or lawyer: to avoid errors, the Romanian professional can draft the power of attorney in Romanian and send it to the heir, who then has it translated or adapted to local form, so that the content matches Romanian requirements.
• Step 5 – Send originals securely: Romanian institutions generally require the original power of attorney, not a scan, especially for notarial procedures. Use a tracked courier service and keep copies for your records.

Well-drafted powers of attorney reduce delays and avoid the need for heirs abroad to sign multiple documents for each procedural step.

4. Implementing voluntary partition (at the notary)

If voluntary partition is chosen, the typical pathway looks like this:

• Opening the succession procedure: a Romanian notary with territorial jurisdiction (usually at the last domicile of the deceased or where the main assets are located) is seized, either by an heir in Romania or by a representative. The notary verifies the existence of the deceased in the national succession registers and collects the necessary documents. At least two witnesses may be heard to confirm the circle of heirs.
• Establishing heirs and shares: based on the Civil Code rules on legal or testamentary succession, the notary determines who the heirs are and what share belongs to each (for example, three children, each with one third).
• Issuing the certificate of inheritance: once the probative elements are complete and there are no disputes that exceed the notary’s competence, the notary issues the certificate of inheritance, which proves the quality of heir and the share of each in the estate. This certificate is a key document for later registrations and transactions.
• Partition deed: either during the same procedure or later, the heirs may conclude a partition agreement before the notary. They can agree, for example, that one heir takes over the apartment and pays a certain sum to the others, or that the property is sold and the price distributed according to shares. The deed must describe precisely which assets are allocated to whom and what balancing payments are due.
• Registration and practical follow-up: the partition deed is registered in the Land Book and, where necessary, communicated to local tax authorities, banks, or other institutions. From that moment, co-ownership is replaced by exclusive ownership or by clear claims to money.

Throughout this process, heirs abroad act through their representatives, based on their powers of attorney. They should, however, stay in close contact by email or video call with the representative and the notary, to ensure that the agreed solution matches their expectations.

5. Implementing judicial partition (before the court)

If voluntary partition fails, judicial partition becomes the route to end co-ownership. For heirs abroad, this involves more time and costs, but it also offers a way out of deadlock when one co-owner refuses any compromise.

A practical sequence is:

• Step 1 – Engage a Romanian lawyer: given the complexity of partition procedures and the requirement that recourses be drafted and argued by lawyers, legal representation is practically indispensable.
• Step 2 – Define the claim: together with the lawyer, the claimant heir (or several heirs jointly) decide what they are asking the court to do: partition in kind, attribution of the entire property with balancing payments, or sale and distribution of the price. Possible reimbursement claims for taxes, repairs, or exclusive use should also be identified.
• Step 3 – Prepare the file: the lawyer collects ownership deeds, certificates of inheritance, Land Book extracts, proof of expenses, photographs, and any documents showing the current use of the property. If some heirs are abroad and their addresses are unknown, special rules on service of documents and curatorship may apply.
• Step 4 – File the claim at the competent court: usually the court where the property is located has jurisdiction. Court fees depend on the value of the claim (value of the property and any money claims).
• Step 5 – Conduct of proceedings: the court will examine whether the action is admissible, invite the parties to an amicable settlement (including mediation), and, if no agreement is reached, move on to the evidence phase. This may involve witnesses, expert valuations, and documents. Heirs abroad may be heard by rogatory commission, by videoconference where possible, or through written statements, depending on the judge’s decisions.
• Step 6 – Judgment on the merits: the court will eventually issue a judgment specifying the assets, co-owners, and shares, and deciding whether the property is divided in kind, attributed to one or more co-owners with balancing payments, or sold. The judgment also settles reimbursement claims (for example, if one heir paid all property taxes).
• Step 7 – Appeals and enforcement: the unhappy party may appeal within the legal time-limit. Once the decision becomes final, it is used to register the new ownership situation in the Land Book and to enforce any ordered payments (balancing payments, reimbursements, legal costs).

Throughout the procedure, heirs abroad can be fully represented by their lawyer. Personal presence is rarely mandatory, but it can be required if the court deems that their hearing is necessary. In such cases, the lawyer may request videoconference, pointing to the practical difficulties of international travel.

6. After partition: taxes, registration, and practical aspects

Ending co-ownership is not just a legal formality; it has practical and fiscal implications that heirs abroad should anticipate:

• Land Book and cadastral registration: whether partition occurs at the notary or by court judgment, the new owners must be registered in the Land Book. For immovables, this registration is essential for any future sale, donation, or mortgage.
• Local taxes: the new owners must declare the property to the local tax authority in their name, so that property taxes are correctly assessed. This is especially important where previously only one heir had been paying taxes for everyone.
• Income tax on sales: if, after partition, the property is sold, the owners must consider Romanian rules on the tax on income from transfer of real estate, including possible exemptions depending on holding period and value.
• Cross-border recognition: for heirs who live in other EU states, the certificate of inheritance, notarial partition deed, or court judgment may have to be presented to foreign authorities (for example, for tax purposes or in connection with matrimonial property regimes). The EU Succession Regulation facilitates recognition of decisions and authentic instruments across EU borders, but it does not change the substantive rules of Romanian property law. Where necessary, translations and apostilles may be required.

Good coordination between Romanian and foreign advisers (tax consultants, notaries, lawyers) can prevent unpleasant surprises and ensure that the partition in Romania fits into the overall estate and tax planning of the family.

Conclusions

Co-ownership over Romanian properties where heirs live in different countries is no longer a marginal phenomenon – it is becoming the norm. Romanian civil and procedural law provide a relatively flexible toolkit to manage and eventually end co-ownership: clear rules on rights and obligations of co-owners, the possibility of voluntary partition at a notary, and a structured judicial partition procedure when agreement fails.

For heirs abroad, the key is to combine this legal framework with the practical instruments that allow them to participate from a distance: authentic powers of attorney executed before Romanian consulates or foreign notaries with apostille, representation by Romanian lawyers in court, use of translators where needed, and, increasingly, participation by videoconference. With careful preparation, it is perfectly realistic to resolve a co-ownership or partition dispute in Romania even when no heir can be physically present in the country at every step.

Ultimately, the choice between voluntary and judicial partition depends less on geography and more on the willingness of co-owners to cooperate. When cooperation is possible, a well-structured notarial partition can end indivision in a matter of weeks or months. When it is not, judicial partition, though slower and more expensive, ensures that nobody is forced to remain indefinitely in an unworkable co-ownership.

Sources (selection)

• Romanian Civil Code and Civil Procedure Code – consolidated versions and commented articles on co-ownership, partition, and representation.
• Law no. 36/1995 on notaries public and notarial activity, including provisions on notarial acts performed by diplomatic missions and consular offices.
• Ministry of Foreign Affairs (Romania) – practical information on notarial acts and apostille/legalisation for documents used abroad or in Romania.
• Specialised doctrinal and practice materials on judicial partition, international successions, and Regulation (EU) No 650/2012.