The subject of dispute in this case is the division of a jointly owned house and land plot between two co-owners.
The court of cassation found that the courts of previous instances had committed a number of violations, including incorrectly identifying the land plot to be divided, basing the decision on an expert opinion regarding a non-existent land plot, failing to clarify the grounds for acquiring the right to use the land plot, failing to take into account the size of the co-owners’ shares and the technical feasibility of dividing the house in accordance with these shares, and failing to properly assess the expert opinion. The court also specified legal conclusions regarding the difference between the division of property and the allocation of a share, noting that in the division of property, the right of joint ownership is terminated for all co-owners, while in the allocation of a share, it is terminated only for the one who receives it. The court also indicated that if there are only two co-owners, the division of property is carried out between them, and not the allocation of a share. **** The Grand Chamber of the Supreme Court specified the conclusion set out in the previous ruling of November 20, 2019, in case No. 344/8200/14-ц.
As a result, the court overturned the decisions of the previous courts and sent the case for a new trial to the court of first instance.
