Partajul

Partajul is the legal process by which shared assets are divided among co-owners in order to terminate collective ownership. It is used in Romanian civil law in contexts such as the dissolution of community property after marriage, division among co-owners of movable or immovable property, and the distribution of an estate among heirs.

There are two main forms: partaj amiabil and partaj judiciar. Partaj amiabil occurs by agreement of the involved parties and is typically implemented through a formal act that transfers ownership to the new individual owners. Partaj judiciar is pursued when agreement cannot be reached or when required by law; a court oversees the process, appoints valuers, inventories assets, and issues a partition decision.

The procedure generally includes listing assets and debts, valuing assets, drafting a partition plan, and executing transfers of title. Assets may be divided in kind (physical partition of property) or, if a division is impractical or inequitable, settled by monetary compensation or by selling assets and distributing the proceeds according to each party’s share. The partition aims to finalize ownership rights, prevent future disputes, and may have tax or administrative consequences, such as the registration of new titles and the settlement of encumbrances.

Contexts where partaj is commonly used include succession (partaj succesoral), dissolution of marital community, and other forms of co-ownership. The exact procedure and requirements depend on the specific legal regime governing the assets and the relationship among the co-owners.