Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
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Division and partition of co-owned property

Division and partition of co-owned property

When several people are jointly co-owners of a property, each co-owner can, in principle, request the determination of his or her share. Partition means separating each co-owner's share from the common property, and if it is indivisible, the sale of the property may be considered.

The hearing authority for the division is not always the same. If the property registration process has been terminated, the principle is that the registration unit where the property was created is competent; however, in special cases such as the presence of a disabled person or an absent person who has disappeared, court will be competent.

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What are the division and partition of co-owned property?

Iranian Act on Partition and Sale of Co-owned Property («قانون افراز و فروش املاک مشاع») Approved 1357, places the processing of applications for the division of communal properties whose registration process has been terminated, within the jurisdiction of the local registration unit. The registration decision can be appealed in court. If the property is determined to be indivisible, its sale may be requested in accordance with legal regulations.

Statutory basis: Before proceeding, the registry status, end of the registration process, number of partners, existence of arrests or mortgages and the technical possibility of division must be checked.

Partition, subdivision, and division

Partition refers to the termination of distribution between partners; separation is simply the division of property and does not necessarily eliminate the partnership. Partition is a more general concept and may be carried out through an agreement, partition, sale or other methods.

Division and partition of co-owned property

Usual stages of review and follow-up

Reviewing the registration status

The registration plate, The ownership of the partners and the termination of the registration process are examined.

Determining the competent authority

The registration office or court is selected according to the circumstances.

Expert assessment of whether partition is feasible

The technical and legal feasibility of dividing the property is assessed.

Partition or sale

If possible,, the shares are separated, otherwise the sale route is taken.

Property not capable of partition

If the division causes a significant decrease in value,, conflicts with urban planning regulations or creates unsuitable parts,, the property may be declared indivisible. After this decision is final,, each partner can request the sale of the property from the competent authority and the proceeds will be divided between the partners in proportion to their shares.

Related topics

Iranian property disputes

Return to the comprehensive property-law services page

action to compel execution of an official title deed

Official transfer of property and removal of registration obstacles

action to recover possession based on established ownership (khalʿ-e yad)

Ending unauthorized possession on the basis of established ownership

  • Iranian Act on Partition and Sale of Co-owned Property («قانون افراز و فروش املاک مشاع»)

  • Iranian Registration of Deeds and Properties Act («قانون ثبت اسناد و املاک»)

  • Iranian Civil Code («قانون مدنی»)

This list, shows the main provisions related to the subject of the page. The governing law and subsequent amendments must be adapted to the time of occurrence, of the subject and the situation of each case.

The official text and latest amendments of the laws are available at National Information Database of Laws and Regulations of the Country is available to view.

Frequently asked questions

claimant must prove its ownership in an acceptable way. In registered properties, official or authentic instrument under Iranian law ownership plays a central role.
action to recover possession based on established ownership (khalʿ-e yad) It is brought against an occupant who is in possession of the property without permission; eviction is usually when the occupation was initially authorized by a contract such as a lease and then continued without permission.
In action to recover possession based on established ownership (khalʿ-e yad), the main focus is on proving ownership; in unlawful dispossession legal,, pre-possession claimant and the right to possess civil defendant and its aggression are important.
Partner seizure in co-owned property has special rules. The possibility of filing a lawsuit and the method of executing the judgment must be examined according to the common share, permission of other partners and the type of seizure.
If the conditions exist, the claim for reasonable compensation for use possession days can be raised together or separately, and usually its assessment requires an expert.
Since the dispute is related to immovable property,, in principle, court the place of occurrence of the property is the competent court; the exact jurisdiction is examined according to the situation and demands of the case.
If the partners do not agree, Depending on the registered and legal status of the property,, the division of the property from the registry office or court can be reviewed. If the property cannot be divided,, the sale order route may be considered.
After determining the indivisibility,, if legal conditions exist, it is possible to sell co-owned property and divide the proceeds of the sale among the partners.

Methods of contact

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