Removing Common Ownership

23-Apr-2024

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Removing common ownership is one of the most pressing issues occupying the Jordanian street today! Despite the updates to the common ownership law to facilitate the distribution of shares among joint property owners, real estate experts and lawyers believe that implementing decisions related to common ownership issues will become more complicated as the years pass due to the increasing number of partners in a single property as a result of inheritance cases and the absence of some heirs. This is not surprising, as the common ownership system has been present in Jordan since the Ottoman era! And it has continued to be dealt with over the years.

Today, we will discuss the common ownership law, which is implemented on immovable assets such as apartments, land, villas, and others. We will also talk about the sources of common ownership and how to apply for the removal of common ownership and the procedures followed to implement it.

What is common ownership and what is the removal of common ownership?

Common ownership is a term used for immovable assets - real estate - that have joint ownership, meaning the ownership is shared among several individuals.

On the other hand, the removal of common ownership is a legal procedure in which shares in the common property are distributed among the partners based on each partner's percentage in the inheritance inventory, so that each partner has their own title deed for their share, or they receive the value of their share if the property is sold.

The principle of common ownership is to distribute the joint property by mutual agreement among the partners. However, if the partners do not agree on the distribution of shares by mutual agreement or if one or more partners are absent, legal solutions are sought to complete the distribution of shares legally.

Removing common ownership is necessary for each person to be able to manage their share of the property and improve the proper use of properties based on various factors such as the type and location of the property.

It is worth mentioning that common ownership is an Ottoman system that was introduced during the Ottoman rule, where lands in a village were owned by the villagers or residents, so rights, benefits, and interests were shared among them.

What are the sources and types of common ownership?

Some may question the existence of common ownership issues in our time despite its history dating back to the Ottoman era, but common ownership remains one of the most important issues that continue over time, with the number of partners increasing due to the multiple sources of its existence, which we will narrow down to the following:

- Inheritance: One of the first sources of common ownership of properties is having multiple heirs in a single property and not dividing the shares from the moment of inventorying the inheritance, thus the number of heirs increases with each death.

- Joint ownership resulting from purchase: When two individuals jointly purchase and own a property, with each partner having a certain percentage.

When is it necessary to file a request for the removal of common ownership legally - what are the conditions for removing common ownership?

If common ownership cannot be removed by mutual agreement, the law is used to remove common ownership under the following conditions, and it is sufficient for one partner to submit a request for the removal of common ownership to the Land and Survey Department to initiate the removal of common ownership procedures:

- If one of the parties is a minor, incapacitated, or absent, with providing evidence for each case.

- Escalation of disputes among the partners.

- Impossibility of dividing the property among the partners.

Legally, a common ownership lawsuit requires all parties to attend court sessions with the submission of complete documents that determine each party's share and right in the property, with the possibility of appealing the judgment.

What are the obstacles that hinder the implementation of the removal of common ownership?

Conditions for removing common ownership may be met, but after examination and verification by the competent authorities, some obstacles that hinder the completion of the removal of common ownership process may be noticed, such as:

-Presence of minor children in case of the father's death: Removal of common ownership is prevented until the children reach adulthood or the mother's consent is obtained, at which point they are allowed to dispose of their share in the property.

-Widow without independent housing: In cases where the widow does not own a separate house, common ownership cannot be removed if she occupies this house, except in the event of her remarriage or if she owns another house.

Submitting a request for the removal of common ownership

With the recent update to the common ownership law, it is sufficient for one person from the joint ownership to submit a request for the removal of common ownership to the Land and Survey Department. This request should include:

Property title deed

Land survey

Regulatory plan

Explanatory system from the judiciary department confirming the absence of a previous common ownership removal request for this property

Fees for submitting a request for the removal of common ownership

A fee of 2% of the transferred money value is levied, provided that this amount is not less than 20 Jordanian dinars and does not exceed 200 Jordanian dinars.

How are the procedures for removing common ownership in real estate carried out?

The procedures for removing common ownership from joint real estate begin when one of the partners submits a request for the removal of common ownership to the Jordanian Land and Survey Department. The request is then referred to a specialized committee, which in turn assigns an expert to inspect the property. Based on the expert's report, the process of removing common ownership from the property either by distributing shares among the partners or by selling the property and distributing the amounts according to each partner's share begins.

The defendants have the right to accept the decision of the specialized committee to remove common ownership within 15 days from the date of issuance of the decision. If the period elapses without their acceptance, the committee starts the execution.

Overview of the common ownership removal law in Jordan

The modern law allows one partner to submit a request for the removal of common ownership to the Land and Survey Department, where the property is inspected, and the other partners are notified.

Shares in immovable assets such as apartments and houses cannot be physically divided, but the property must be sold and its value distributed according to each partner's share in the property.

Notifying partners of the common ownership removal decision is one of the most important stages in the common ownership removal process, especially if it is not possible to reach one or more partners' addresses.

Notifications are handled through text messages and electronic means such as mobile phones, email, and electronic accounts, treated as judicial notifications and produce their effects.

In summary, when discussing properties with common ownership and common ownership removal issues, we would like to remind clients of Homes Jordan that our team ensures the verification of property ownership before listing it for sale or rent, not only to avoid potential problems but also to grant the client full freedom to dispose of and manage the property in suitable ways. The list of these properties can be accessed through the following links: