civil

The division of jointly owned property shall be carried out in accordance with the provisions of Article 824 of the Civil Code and in accordance with the method agreed by the co-owners. However, if the method of dividing the jointly owned property cannot be determined by agreement, or if the co-owners refuse to perform due to the expiration of the statute of limitations after the agreement is reached, the court may order the following distribution at the request of any co-owner:

1. Distribution of the original property: The original property is distributed among the co-owners. However, if it is difficult for all co-owners to receive the distribution of the original property, the original property may be distributed to some of the co-owners.

2. Distribution at a different price: When it is obviously difficult to distribute the original property, the common property may be sold and distributed among the co-owners at a price; or a part of the original property may be distributed among the co-owners and the other part may be sold and distributed among the co-owners at a price. people.

3. When the original property is used for distribution, if any of the co-owners is not distributed or cannot be distributed according to their due share, they may be compensated with money.

When dividing a joint property, it is appropriate to divide the original property or divide it at a different price. The co-owners may propose a division plan, and the court may consider the wishes of the co-owners, the use of the common property, the economic utility, and the interests of all co-owners. For the purpose of proper division, it is not bound by the division plan advocated by the co-owners. The Supreme Court’s Taizi Judgment No. 649 of 1985 and the Supreme Court’s Taizi Judgment No. 1402 of 1987 Available for reference. However, the method of determining the division of jointly owned property can be determined by the court at its discretion, but only if the method is appropriate.

Therefore, when the court decides to divide a common property, it must take into account the interests and usage conditions of each co-owner, the nature and value of the common property, and its economic utility, and it must comply with the principles of fair economics before the division method can be said to be appropriate. Judgment No. 1539 of the Supreme Court in 2010 also revealed: "If the co-owners have an inseparable dependence on the common property in daily life, if the court completely ignores it and orders it to be divided at a different price or to be divided among the other co-owners who have not used it separately. Therefore, when deciding to divide a joint property, the court should consider factors such as the declarations of the parties, the nature of the joint property, the economic utility and the interests of all co-owners. If there is an inseparable dependence on the shared property in daily life, it should still be considered whether the prescribed division method complies with the principle of fairness before it is appropriate.