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Judicial partition: can the home be awarded to you instead of auctioned?

Award of an indivisible home in Bulgarian judicial partition requires specific conditions, a timely request and payment to equalise shares.

Kalchev Law FirmA law firm publication
1 min readPublished: Legal review pending

The essentials

  • An award is a special route with specific conditions.
  • The request has a procedural deadline.
  • Equalisation and interest must be paid on time.

Wanting to retain a jointly owned home is not enough for a court to award it to you. Where property is indivisible and cannot be allocated to a share, Article 348 of the Civil Procedure Code provides for auction; Article 349 permits an award subject to specific conditions.

Identify the applicable case

For an inherited dwelling, the claimant must have lived there when the succession opened and must not own another dwelling. Moving in only after the death does not replace the first condition. Where several qualifying co-heirs seek the award, the Act gives preference to the higher offered price.

A separate case concerns a dwelling formerly in marital community terminated by death or divorce, subject to conditions concerning the surviving or former spouse, parental rights and absence of another home. The origin of co-ownership matters; mixed acquisition grounds and subsequent transfers require separate analysis rather than automatic application of the inheritance route.

Request and payment must be timely

The request must be made no later than the first hearing after the decision admitting partition becomes final. The property is valued at its actual value. Monetary equalisation, with statutory interest, must be paid within six months after the award decision becomes final.

Under this regime ownership is acquired after timely payment. Failure to pay causes the award to lose effect by operation of law, with statutory consequences including auction or award to another qualifying co-owner. Assess finance in advance; the judgment does not itself secure a bank loan.

Practical guidance

What to do, step by step

01 / 04

Check the origin

The type of co-ownership determines the route.

  • Collect succession and acquisition documents.
  • Establish residence and other housing rights.
02 / 04

Make the request

Do not wait until the end of the second stage.

  • Track finality of the decision admitting partition.
  • Submit the request and evidence in time.
03 / 04

Arrange equalisation

The decision requires actual payment.

  • Check valuation and the amount with interest.
  • Plan provable payment within six months.
04 / 04

Document acquisition and handover

Timely equalisation must be provable.

  • Keep evidence of payment to all entitled recipients.
  • Check registration documents and arrange voluntary handover or lawful enforcement.

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This article is for general information only. It does not constitute or replace individual legal advice.