I share my right over property. What is the procedure for division?

Agreement on division of the property
  • What do you get: Determination of co-ownership shares and/or the manner of dividing joint property, their transformation into a system of co-ownership, real division or financial division.
  • Why do you need it: To divide joint or co-owned property through agreement between owners/co-owners,  so that everyone can exercise their rights independently of the other.
  • What happens if you do not do it: Judicial divisions will be initiated by owner or co-owner.

Clients can understand which laws are relevant and important, who initiates the procedure and how does it develop in a detailed step-by-step presentation below and finally, will be provided with a link to other relative legal services.

Duration

28 days

Cost

Administrative cost – real estate certificate: RSD 540 per requested special part

Steps

  1. Collect the required documents
  2. Preparation of the draft of Agreement on the division
  3. Conclusion and verification of the agreement
  4. Registration of the rights of immovable property

Requirements

  • Proof of appropriate right on immovable property
  • Personal and official document of the parties
  • Documents required for registration of property rights in the real estate cadastre

Templates

  • Next to be included
For further and more detailed information on the above we recommend that you contact an Advocate.
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Judicial division of the property
  • What do you get: Determination of co-ownership shares and/or the manner of dividing joint property, their transformation into a system of co-ownership, real division or financial division.
  • Why do you need it: Joint ownership or co-ownership holder or third parties (most often the creditors) who have a real interest initiate procedure to acquire rights.
  • What happens if you do not do it: Failure to initiate proceedings restricts the exercise of certain rights since they cannot dispose of their share independently of one another.

Clients can understand which laws are relevant and important, who initiates the procedure and how does it develop in a detailed step-by-step presentation below and finally, will be provided with a link to other relative legal services.

Duration

596 days

Cost

Administrative cost – real estate certificate: RSD 5,500 per title document

Steps

  1. Documentation check
  2. Preparation of a Proposal for the division of joint property
  3. Submission of a Proposal for the division of joint property    
  4. Hearings
  5. First instance decision
  6. Complaint
  7. Second instance decision
  8. Registration of the rights immovable property

Requirements

  • Proof of appropriate right on immovable property
    • As a proof of appropriate right on immovable property, real estate certificate no older than 15 days is obtained.
    • It can be obtained by applicant or his advocate. For the procedure regarding obtaining the certificate, please check in Sale of Real Estate part of the manual.
    • There is a presumption regarding the entry in real estate cadastre, that even when only one spouse is entered, it shall be considered that entry has been made for both spouses, unless the entry was made on the grounds of written agreement on division of joint ownership.
  • Personal and official document of the parties
    • The applicant is a natural person and a citizen of the Republic of Serbia:
      • The applicant needs to provide a valid Serbian ID card.
        • If it is a chipped ID card, an excerpt from the ID reader is required.
        • If the ID card is not chipped, a copy of the ID is required.
    • If the applicant is a natural person and foreign citizen:
      • The contractual party needs to provide a valid passport.
    • If the applicant is a legal entity (domestic or foreign):
      • An original excerpt from the relevant register of legal entities provided that foreign persons require appropriate certification in the country of origin and a certified translation. In Serbia this document is acquired at Business Registry Agency.
  • Power of Attorney

Templates

  • Next to be included
For further and more detailed information on the above we recommend that you contact an Advocate.
Click here if you want to be linked to an Advocate

Register First

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