Determining the Procedures for Dividing Common Properties in Iran's Registration and Judicial Systems with Attention to the Mechanisms for Dividing Jointly Owned Properties in the Country's Registration and Judicial Systems
Keywords:
Property division, common property, property rights, division of propertyAbstract
Ownership is one of the most significant concepts in civil law and serves as the foundation for numerous legal discussions. This is because even the most vulnerable individuals in society possess minimal and basic belongings and take actions to exercise ownership. Thus, it is essential to focus on the limits of the rights of co-owners, the methods of dividing common property in material and legal terms, and their legal rights and obligations toward one another. One such right is the transfer, division, and partition of a co-owner's share from that of others. This issue can be analyzed not only from the perspective of the will and consent of the co-owners but also in terms of the methods stipulated by law, as well as the nature of the jointly owned property. The purpose of this study is to examine the methods and procedures for dividing common properties in Iran's registration and judicial systems, with a focus on the mechanisms for dividing jointly owned properties within these systems. The results indicate that regarding legal dispositions, there is no need for the consent of other co-owners. However, if one of the co-owners leases their share, they may seek permission from any of the other co-owners to deliver the leased asset. Concerning jointly owned properties, it should be noted that if the property in question is registered in the official deed registry, the partitioning of the jointly owned property can be readily executed through registration offices.
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Copyright (c) 2025 Mahdi Khaleghi Hassanaliabad (Author); Mehdi Fallah Khariki (Corresponding author); Ali Fotouhi Rad (Author)
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