Cancellation of co-ownership

In accordance with Section 1140 Subsection 2 of the Civil Code each of the co-owners may at any time request that he be separated from the co-ownership if it is possible to divide the co-owned thing, or that the co-ownership be cancelled. However, he may not make such a request at an inconvenient time or only to the detriment of one of the co-owners.

For the assessment whether the request was made at an inconvenient time, the temporary objective circumstances relating to the common thing are decisive (not the personal circumstances of the co-owner). On the contrary, in assessing if damage occurred to some of the co-owners, the subjective circumstances of a temporary nature are crucial (according to the opinion of the Supreme Court of the Czech Republic).

The above mentioned provision stating the restriction of the possibility to require cancellation and settlement of the co-ownership has to be interpreted restrictively.

The Supreme Court in this connection further added that the Section 1140 Subsection 2 of the Civil Code does not exclude the possibility of the court to dismiss the claim because of the evident abuse of a right in terms of Section 8 of the Civil Code.