{"id":7126,"date":"2026-05-27T05:22:14","date_gmt":"2026-05-27T05:22:14","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=7126"},"modified":"2026-10-31T11:08:15","modified_gmt":"2026-10-31T11:08:15","slug":"division-of-property-inheritance-how-the-assets-are-divided-among-the-heirs","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/partaj-mostenire-cum-se-impart-bunurile-intre-mostenitori\/","title":{"rendered":"The sharing of inheritance: how the assets are divided among the heirs"},"content":{"rendered":"

The division of the inheritance is the procedure by which the remaining assets are divided among the heirs after the death. If there is an agreement, the division can be made by mutual consent. If there is no agreement, any of the co-owners can request to be removed from the indivisual property and have the division resolved by the court, in accordance with the law.<\/p>\n

What needs to be clarified before division of property<\/h2>\n

First, the assets that are part of the inherited estate must be determined; the heirs and their shares. They can rely on the certificate of inheritance, the property deeds, the land registry extracts, the debt status and any claims between the co-heirs. An asset in the possession of an heir does not automatically become their exclusive property; use and investments may require separate claims and evidence.<\/p>\n

Donations made by the deceased must be analyzed separately. Depending on the situation, the question of the ratio of the donations or the reduction of the liberalities that violate the inheritance reserve may arise. Not every donation automatically adds to the assets to be divided and it does not produce the same legal effect either.<\/p>\n

Amicable division at the notary office<\/h2>\n

Heirs who agree can agree on what assets each receives and whether a fee is paid to balance the value of the shares. For the transfer of rights over immovable property, the deed must be concluded in the authentic form required by law. The agreement may cover all the assets or, when the legal conditions are met, only a portion of them.<\/p>\n

If the co-owners are minors or have limited capacity to act, the amicable division may require the authorization of the guardianship court and the participation of the legal representative. The notary verifies the necessary documents and approvals for the specific case.<\/p>\n

Judicial sharing<\/h2>\n

When there is no agreement, the request for division is resolved according to the special procedure set out in the Code of Civil Procedure. The court determines the assets subject to division, the shares, the claims invoked and the method of forming the lots. Depending on the case, it may order an expert assessment of the assets and to see whether they can be conveniently divided in kind.<\/p>\n

When assigning the lots, the agreement of the parties, each party\u2019s share, the nature of the property, the domicile and occupation of the co-owners, as well as the constructions or improvements made with the agreement of the others, can be taken into account. The fact that an heir lived in the property or incurred certain expenses does not guarantee the assignment of the property; the situation must be supported and legally evaluated.<\/p>\n

How the indivisible assets are divided<\/h2>\n

The rule is to divide the property in proportion to the shares. If an asset is indivisible or cannot be conveniently divided, it can be attributed to one or more co-owners, with payment of a share to the others. If attribution is not possible or not requested, the court may order the sale of the property and the distribution of the price according to the statutory shares.<\/p>\n

Acts and practical steps<\/h2>\n