TMK Article 698: In joint ownership, the parties can always request the dissolution of the partnership.
Methods for Dissolution of Partnership
- Sharing in kind (if possible)
- Sharing by sale (immovable properties in general)
- Allocation to a stakeholder (to other stakeholders price)
Process
- Suit in the civil court of peace
- Expert (appropriateness of sharing)
- Decision
- Sale (enforcement office)
- Sharing the price
Blocking
- Can be prohibited by contract for up to 10 years
- Family situation special rules
- Business integrity argument
Supreme Court 14. HD
14. HD accepts that the dissolution of the partnership is a "fundamental right" and cannot be prevented without reasonable justification.
Real estate lawyer is recommended.