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A co-owner sold to an outsider: can you buy the share instead?

When an excluded co-owner can seek statutory buyout of a Bulgarian property share, and why timing and payment matter.

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

The essentials

  • Buyout substitutes you for the buyer on the actual terms.
  • No offer does not mean unlimited time to act.
  • Payment after the final judgment is essential.

Where a Bulgarian property share is sold to an outsider without the required offer to the other co-owners, Article 33 of the Ownership Act may allow a judicial buyout. The purpose is to replace the buyer on the actual sale terms, rather than merely cancel the transaction and leave the share with the seller.

Identify the transaction

Obtain your title document, the sale deed and evidence of any offer. Compare the price, deferred payment and other material terms. A sale to an existing co-owner is not a sale to an outsider. A gift or exchange cannot simply be challenged under the same rule; an allegation that it conceals a sale needs separate proof.

Plan for both the deadline and payment

The statute sets a two-month preclusive period. Where no offer was made, case law links its commencement to learning of the sale. Do not wait until every detail is known: record when and how you discovered it and have the deadline assessed against the evidence.

A successful claim also requires follow-through. Failure to pay the buyout amount within one month after the judgment becomes final causes that judgment to lapse by law. Arrange funding beforehand. The remedy does not let you impose a lower price simply because you consider it fairer.

Practical guidance

What to do, step by step

01 / 04

Obtain the deed and offer

Establish what was sold.

  • Request a copy through the applicable procedure.
  • Compare the offered and actual price and payment dates.
02 / 04

Reconstruct the timeline

Knowledge may be disputed.

  • Keep messages identifying the new buyer.
  • Record witnesses and dates without delaying the claim.
03 / 04

Prepare the precise claim

The buyout follows the actual sale terms.

  • Identify the proper parties and the share to be bought out.
  • Assess registration and interim protection appropriate to the dispute.
04 / 04

Prepare a workable payment plan

Buyout requires funding.

  • Check the amount potentially payable.
  • Arrange prompt payment after the judgment becomes final.

Discuss this legal issue with our firm

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