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What costs to expect in a judicial partition case and when it makes sense to work with a lawyer

The guide lists typical expenses in partition proceedings—court fees, expert valuations, cadastral work and lawyer fees—showing how they build up over time. It also explains when a lawyer can prevent costly mistakes, speed up negotiations and help you reach a fair division instead of a long, expensive conflict.

Why it matters to know your costs in advance

Partition (termination of co-ownership) means putting an end to co-ownership: the assets are identified, shares are determined, lots are allocated and, where necessary, balancing payments (“sulte”) are ordered. The right to claim partition is not time-barred – you can request it at any time – and no one can be forced to remain in co-ownership. This follows expressly from art. 669 of the Civil Code (the imprescriptible nature of the partition action) and art. 1143 of the Civil Code (no one can be compelled to remain in indivision; the rules on partition apply, mutatis mutandis, also to succession partition).

When you are planning a partition, the first practical question is usually: “How much will this cost me overall?” In order to answer correctly, it is useful to break down the costs into:

  • (A) mandatory legal fees,
  • (B) technical/procedural costs, and
  • (C) professional fees (lawyer, notary, bailiff),

and then to add a few realistic optimisation strategies.

A. Mandatory legal fees

1) Court stamp duty (for judicial partition before the court)

As of 3 November 2024, the court fee regime for partition has changed: applications for judicial partition are now charged at half of the fee calculated under art. 3(1) of Government Emergency Ordinance (GEO) no. 80/2013, as follows:

  • for each head of claim concerning: identification of the assets to be divided, claims between co-owners, collation of donations, reduction of excessive liberalities – at the value of those respective claims; and
  • for the actual partition – at the value of the partitionable mass (the total value of all assets to be divided).

Claims concerning the establishment of the status of co-owner/heir and each person’s share are charged at 50 RON per person.

This regime was introduced by Law no. 268/2024, which amended art. 5 of GEO no. 80/2013 on court stamp duties.

As a benchmark, art. 3(1) of GEO no. 80/2013 provides a progressive scale for monetary claims (from 8% up to 500 RON, then decreasing bands, down to 1% for amounts exceeding 250,000 RON). For partition cases, you apply half of the amount resulting from this scale.

Illustrative calculation (for orientation only, it does not replace the court’s official calculation):

  • Partitionable mass (total value of the assets to be divided): let us assume 500,000 RON.
  • Under art. 3(1)(f), for values above 250,000 RON: 6,105 RON + 1% of the amount exceeding 250,000 RON.

Calculation: 6,105 RON + 1% × (500,000 − 250,000) = 6,105 RON + 2,500 RON = 8,605 RON.

For partition cases, you pay half of this amount → 4,302.5 RON court fee for the head of claim “partition as such”.

If, within the same action, you also request determination of the assets, claims between co-owners, collation or reduction, the action is charged once only, based on the head of claim with the highest value. The determination of the status of co-owner/heir remains charged at 50 RON per person (added separately).

Note: Legal remedies have their own specific regime (art. 24 of GEO no. 80/2013): recourse is charged at 100 RON for certain expressly provided grounds; in some situations involving monetary claims, 50% of the fee for the contested amount is due (not less than 100 RON). Appeals are charged under the general rules of GEO no. 80/2013, depending on the object of the appeal, so the exact situation must be checked in each particular case.

2) Exemptions, reductions, instalments – public judicial aid

If the average net income per family member is below 25% of the gross minimum wage, you may obtain full public judicial aid; between 25% and 50%, a 50% reduction may be granted. The application for public judicial aid is itself exempt from court fees and may cover legal remedies as well. The legal framework, including conditions, documents and deadlines, is provided by GEO no. 51/2008, as subsequently amended.

B. Technical and procedural costs

1) Expert reports (valuation, lotting, topography)

In practice, the court will order expert reports (real estate valuations, topographical surveys, inventories) when the parties cannot agree on the value of the assets or on the proposed lots. The general framework for technical judicial expertise is laid down in Government Ordinance no. 2/2000. The expert’s fee is set by the court, usually with an advance to be paid by one or more parties. The actual amount depends on the subject matter and complexity of the case – there is no single, uniform national tariff.

2) Cadastre and land book (ANCPI)

After partition (whether judicial or notarial), the land book must be updated (registration of ownership, subdivisions, registration of legal mortgages securing balancing payments, etc.). The tariffs of the National Agency for Cadastre and Land Registration (ANCPI) are regulated by ANCPI Order no. 16/2019 and related regulations.

As a rule, the registration of ownership rights for natural persons is charged as a percentage (for example, 0.15% of the value, according to ANCPI guidance), with certain minimum amounts; separate tariffs apply to legal mortgages (e.g., for securing balancing payments) and to other entries. It is important to consult the tariffs and applicable regulations in force at the date of filing.

3) Legal mortgage securing the balancing payment (“sultă”)

When one co-owner receives an entire asset but owes a balancing payment (“sultă”), this claim is secured by a legal mortgage over the immovable property allocated to that co-owner. This legal mortgage may be recorded/registered in the land book. The legal basis is art. 2386 of the Civil Code, which lists the claims benefitting from a legal mortgage, including those arising from partition and balancing payments. The detailed registration procedures are laid down in ANCPI regulations and methodological rules.

4) Bailiff (forced sale by auction or enforcement)

If partition in kind is not possible, or if a party fails to pay the balancing payment, the case may end with a sale by public auction or other enforcement proceedings based on the judgment. The fees of bailiffs are regulated by Order of the Minister of Justice no. 2550/C/2006 (minimum and maximum levels, as subsequently amended), with separate items for various acts (authorisation of enforcement, publication, auction, distribution of price, etc.). For a realistic budget, you should check the applicable annex and discuss in advance with the bailiff handling the file.

C. Professionals and their fees

1) Lawyer

The lawyer’s fee is freely negotiated with the client, within the limits set by the law and the Statute of the legal profession. The Statute lists criteria such as the difficulty of the case, its scope, its duration and the outcome obtained; a success fee may be agreed as a complement to a fixed or hourly fee. The legal assistance agreement is an enforceable title. The legal basis is Law no. 51/1995 on the organisation and practice of the legal profession and the Statute of the legal profession (for instance, art. 127 of the Statute).

Practical note: even though the parties are free to negotiate their legal fees, the recovery of litigation costs (including the lawyer’s fee) depends on the court’s decision and on the principle of proportionality under art. 451 of the Code of Civil Procedure. The court may reduce amounts considered manifestly disproportionate in relation to the case.

Internal useful link: you can see the principles and structure of fees at the Măglaș Alexandru law office in the dedicated “Fees” section of this website.

2) Notary (for voluntary partition)

If all co-owners agree (on the list of assets, on their values and on any balancing payments), you can choose a voluntary partition before a notary public. Notarial fees are regulated by Order of the Minister of Justice no. 177/C/2024 (updated rules on notarial fees), to which ANCPI tariffs for subsequent registrations must be added.

For an accurate comparison with the costs of judicial partition, it is advisable to request a written quote from the notary, because the fee depends on the value involved and on the documents and complexity of the case.

Procedure in short: main steps and where costs arise

1) Preliminary analysis and strategy

  • Identifying the assets, the titles of ownership, the cadastral situation and any encumbrances (mortgages, seizures, easements).
  • Assessing whether an amicable solution (notarial partition) is realistic, or whether court proceedings are necessary.
  • Estimating the partitionable mass – essential for calculating court fees and for negotiating balancing payments.
  • Preparing in advance for potential expert reports (private valuations, cost estimates, preliminary appraisals).

2) Notarial partition (where full agreement exists)

  • Drawing up an authentic notarial deed and registering it in the land book.
  • Costs: notarial fee (according to the notarial fee schedule) + ANCPI tariffs (registration of ownership, subdivisions, legal mortgages for balancing payments) + any fees of topographical experts/valuers, if additional documentation is required.

3) Judicial partition (where no agreement is possible)

  • Lodging a statement of claim, specifying the assets, the shares and, where possible, a proposed lotting scheme.
  • Court fee: according to art. 3 and art. 5 of GEO no. 80/2013 (the “half fee” regime in partition cases) + 50 RON per person for establishing the status of co-owner/heir, where requested.
  • Evidence and expert reports: advances set by the court, depending on the number and complexity of expertises.
  • Judgment: art. 994 of the Code of Civil Procedure regulates the settlement of partition claims – the court determines the assets, each party’s share, any mutual claims, the lots and the balancing payments.
  • Enforcement (where necessary) – including sale by public auction and distribution of the price – with bailiff’s fees according to the applicable order.
  • ANCPI registrations and entries in the land book after partition.

Integrated example (for illustration): flat worth 500,000 RON, two co-owners 1/2 – 1/2

  1. Partitionable mass: 500,000 RON.
  2. Court fee for the “partition as such” head of claim:
    • Under art. 3(1)(f) GEO no. 80/2013: 6,105 RON + 1% × (500,000 − 250,000) = 6,105 + 2,500 = 8,605 RON.
    • Under art. 5 (partition): half of 8,605 RON = 4,302.5 RON.
    • If the same claim also includes other monetary heads (collation, reduction, mutual claims), only one fee is due, calculated based on the highest amount (in this example, still 4,302.5 RON if the partition head has the highest value). Establishing the co-owner status adds 50 RON per person (100 RON for two co-owners).
  3. Expert report: if the parties dispute the value or the lotting, the court may order an expert report, with an advance to be paid by the parties. The amount is variable and depends on the work involved; there is no single standard tariff.
  4. Registrations with ANCPI: after the judgment becomes final, each co-owner registers their right; for natural persons, the fee is usually a percentage (for example, 0.15% in ANCPI guidance) plus additional fees for subdivisions and registration of the legal mortgage securing the balancing payment, where applicable. It is important to check the official tariff list at the date of filing.
  5. Lawyer’s fee: negotiated (fixed and/or hourly, possibly with a success fee). Recovery of the fee as litigation costs is subject to art. 451 of the Code of Civil Procedure and to the court’s assessment of proportionality.
  6. Sale by public auction: if the asset is indivisible and the balancing payment is not paid, a sale by auction may be necessary. Bailiff’s fees follow Order no. 2550/C/2006.

Observation: if you meet the criteria in GEO no. 51/2008, you can apply for public judicial aid (exemption, reduction or payment in instalments of court fees). The application is exempt from court fees and may also cover appeals/recourse, via a separate application.

When is notarial partition preferable and when is judicial partition unavoidable?

  • Notarial partition (where full agreement exists):
    • fast procedure, predictable costs (fee according to the notarial tariff schedule + ANCPI tariffs), lower procedural stress;
    • requires full consensus on the list of assets, their values, the lotting and any balancing payments;
    • is suitable for co-owners who can cooperate or for successions where heirs agree.
  • Judicial partition (where no agreement is possible):
    • is necessary where there is a dispute about the assets, their value, the shares or the proposed lotting scheme;
    • costs may increase (expert reports, length of proceedings, legal remedies), but the judgment clarifies definitively the partitionable mass, shares, lots, balancing payments and the associated legal mortgage;
    • litigation costs are allocated under the Code of Civil Procedure, based on the principle of proportionality and the parties’ success in the case.

Seven concrete strategies to optimise costs

  1. Centralise all evidence: title deeds, land book excerpts, cadastral plans, valuation reports (even private, for orientation). This makes expert reports easier and can shorten the timeline.
  2. Define the partitionable mass realistically: a coherent preliminary valuation helps to set the court fee correctly and to negotiate balancing payments on a realistic basis.
  3. Test the ground for agreement: if there is any chance of reaching an understanding (even partial), quantify the benefits of a notarial partition in terms of time and money.
  4. Choose the heads of claim carefully: often, a single head of claim with the highest value is sufficient – art. 5(2) of GEO no. 80/2013 aggregates the fee. Avoid redundant or overlapping heads that only increase complexity.
  5. Check your eligibility for public judicial aid: before paying the full amount of court fees, verify whether you meet the criteria for exemption, reduction or payment in instalments under GEO no. 51/2008.
  6. Plan land book registrations in advance: check in good time the documents and tariffs required by ANCPI (for subdivisions, legal mortgages securing balancing payments, etc.) and make appointments where necessary.
  7. Draft enforceable clauses on balancing payments: clearly drafted provisions on how and when the balancing payment is to be made, and on the guarantees (legal mortgage), reduce the risk and cost of later enforcement.

Frequently asked questions (FAQ)

1) Can I request partition at any time?

Yes. Art. 669 of the Civil Code states that the partition action is not time-barred, and art. 1143 confirms that no one can be compelled to remain in indivision. In other words, you always keep the right to request partition of co-owned property.

2) How is the court fee for partition calculated after 2024?

The court fee is half of the amount resulting from the scale in art. 3(1) of GEO no. 80/2013, applied to the value of each head of claim (identification of assets, mutual claims, collation, reduction), and for the actual partition at the value of the partitionable mass. Claims concerning the establishment of the status of co-owner/heir are charged 50 RON per person.

3) Who ultimately bears the costs?

At the end of the case, the court allocates litigation costs (including lawyer’s fees, expert reports, court fees) under the Code of Civil Procedure – in particular art. 451 on proportionality and on the possibility to reduce manifestly disproportionate amounts. During the proceedings, some advances (for example for expert reports) may be temporarily borne by the parties.

4) Notary or court – how should I choose?

If there is full agreement between co-owners, the notarial option is generally faster and more predictable (fee according to Order no. 177/C/2024 + ANCPI tariffs). If there is no agreement on the assets, values, shares or lotting, judicial partition before the court becomes necessary.

5) What happens if the balancing payment is not made?

The balancing payment is secured through a legal mortgage on the immovable allocated to the co-owner who has to pay it. If payment is not made, the creditor can initiate enforcement proceedings, which may lead to sale by public auction, with costs regulated by the legal provisions on bailiff’s fees.

6) Is there any way to reduce very high court fees?

If you meet the conditions of GEO no. 51/2008, public judicial aid can ensure exemption, reduction or payment in instalments of court fees. The application is exempt from court stamp duty and can also cover legal remedies, if a separate application is filed.

How I can assist you in practice

  • Legal audit and strategy: what you should claim in court or before the notary and how to maximise your chances.
  • Structured cost estimate (court fees, expert reports, ANCPI tariffs, bailiff’s fees) tailored to your situation.
  • Negotiation for a voluntary partition, drafting the necessary documents and coordinating the notarial procedure.
  • Full representation in judicial partition proceedings: drafting the claim, managing evidence and expert reports, advocacy at hearings, legal remedies, and enforcement.
  • Implementation in the land book (subdivisions, registrations of ownership, entries of legal mortgages).

For a quick contact, you can use the sections “Properties & Successions” in the Services menu and the “Contact” section on this website.

Essential legal bibliography (for verification)

  • Government Emergency Ordinance no. 80/2013 on court stamp duties – especially art. 3 (value-based scale) and art. 5 (special rules for partition – “half of the fee under art. 3” + 50 RON per person), as consolidated and amended by Law no. 268/2024.
  • Government Emergency Ordinance no. 51/2008 on public judicial aid – conditions, types of aid and procedure.
  • Civil Code – art. 669 (imprescriptible nature of the partition action), art. 1143 (no one can be forced to remain in indivision), art. 2386 (legal mortgages, including for balancing payments between co-owners).
  • Code of Civil Procedure – art. 451 (allocation and reduction of litigation costs), art. 994 (settlement of partition claims by the court).
  • Government Ordinance no. 2/2000 on technical judicial expert reports.
  • ANCPI Order no. 16/2019 on cadastre and land book tariffs and related regulations.
  • Order of the Minister of Justice no. 2550/C/2006 on minimum and maximum bailiff fees, as subsequently amended.
  • Order of the Minister of Justice no. 177/C/2024 on notarial fees.
  • Law no. 51/1995 on the organisation and practice of the legal profession and the Statute of the legal profession – rules and criteria on lawyer’s fees.