In brief
Several people buying a property together in Romania are registered as co-owners, each holding a share (cotă-parte) of the ownership right, which is deemed equal to the others' shares unless otherwise stated (Article 634 of the Civil Code). Day-to-day management requires a majority, selling or mortgaging the whole property requires everyone, and every co-owner may request partition at any time, unless you have agreed to suspend it for up to five years. So the shares, the expenses and the exit route are agreed in writing before signing.
Key takeaways
- 1The shares are registered in Part II of the land book extract next to each owner's name; unless otherwise stated they are deemed equal.
- 2An urgent repair - each owner alone; management and leases of up to 3 years - a majority of the shares; sale, mortgage or gift of the whole property - all owners (Articles 640 and 641).
- 3Every co-owner can request partition at any time (Article 669); a registered notarial agreement can suspend this for up to five years (Article 672).
- 4A co-owner's personal creditor can seize their share or request partition (Article 678), and the other co-owners have priority at the same price.
- 5Before investing a small sum "in a property", check what will be registered in your name: a share in the land book, shares in a company or only a contract.
Two siblings buying an apartment to let, or three families deciding on a shared holiday home. Technically, in Romania this is simple: all the buyers are registered as owners in the same deed. The hard questions come later, when one wants to sell, another stops paying, or one of the co-owners runs into debt.
This guide explains what the Romanian Civil Code provides when there is no agreement, where it is worth departing from that in writing, and when a company is a better alternative. Registration between spouses is discussed in a separate guide; here we deal with co-owners who are not a couple.
What is co-ownership in shares under Romanian law?
Anyone who buys together with others becomes a co-owner (coproprietar). Under Article 634 of the Civil Code, each holds exclusively a share of the ownership right (cotă-parte), not a particular room or floor. The shares are deemed equal, unless proven otherwise.
Hence the first rule: if the investment was not equal, for example 60 against 40, the split is written explicitly in the deed of sale and in the land book. Anyone who later wants to prove a larger share than the one registered will need documents.
An urgent repair - each owner alone; management and leases of up to 3 years - a majority of the shares; sale, mortgage or gift of the whole property - all owners (Articles 640 and 641).
What does co-ownership look like in the land book extract?
| Part of the extract | What is recorded | What to check |
|---|---|---|
| Part I | The property and the cadastral number | That this is the property you are buying together |
| Part II | Each owner by name and share, for example 1/2 and 1/2, or 60/100 and 40/100 | That the shares match what you agreed |
| Part III | Charges, including a mortgage on one owner's share | Whether one of the co-owners has charged their share |
Under Law 7/1996 on cadastre and land registration, a mortgage may be registered on the whole property or only on one owner's share. In other words, one co-owner can finance their share with a loan, and the charge will rest on their share alone.
Who decides what when there is no agreement?
The Civil Code ranks decisions by their weight:
| Decision | Who must agree | Article |
|---|---|---|
| An urgent act to preserve the property, such as a repair | Each owner alone | 640 |
| Day-to-day management and leases of up to 3 years | The holders of a majority of the shares | 641(1) |
| A management act that places a heavy burden on one of the owners | That owner as well | 641(2) |
| Sale, mortgage or gift of the whole property, leases of over 3 years, purely aesthetic works | All owners | 641(4) |
| Sale of one owner's share | That owner alone, unless otherwise agreed | 634(1) |
| Dividing the use, who lives there when | Agreement, and failing that the court | 639 |
- An act done without the required consent does not bind those who did not consent (Article 642).
- Expenses and income are shared according to the shares (Article 635).
- Anyone who uses the property alone against the will of the others may be liable to pay compensation (Article 636(2)).
- When one owner cannot express a position, or unjustifiably blocks a management act necessary to preserve the property's value, the others may ask the court to supply the missing consent (Article 641(3)). This helps with a leaking roof, not with a dispute over a sale.
What happens when one of the co-owners wants out?
The default position gives every co-owner broad freedom to exit. They may sell their share to whomever they wish, unless otherwise agreed, and they may request partition (partaj) at any time (Article 669), by agreement or in court (Article 670). Partition is carried out in one of three ways (Article 676):
- Division in kind, where the property can be divided.
- Allocation of the property to one or more of the co-owners, who pay the others an equalisation payment (sultă).
- Sale, by agreement or at public auction, and division of the proceeds according to the shares.
For real property, partition takes effect only when the notarial deed or the final judgment is registered in the land book (Article 680(2)). A court may postpone partition for up to one year to prevent serious harm to the other co-owners (Article 673).
A personal creditor of one of the owners can seize their share or ask the court to partition the co-ownership (Article 678). If the share is sold in a forced sale, the other co-owners have priority at the same price (Article 678(2)). One co-owner's debt can become a problem for the whole group.
What goes into the agreement between the co-owners?
The Code allows owners to sign a contract for the management of the co-ownership (contract de administrare a coproprietății), which departs from the default position on expenses, use and decisions. For real property it is noted in the land book at the request of any of the owners (Article 644). But any owner may terminate it, and the default rules then apply again (Article 644(2)). So a serious group keeps three documents: a deed with the correct shares, a management contract, and a separate exit agreement drafted by an independent lawyer.
- Money and shares: who paid how much, and what happens when one does not pay their share of the expenses or the loan repayment.
- Use: a schedule, guests, letting to others, and who actually manages the property.
- Running costs: taxes, insurance, repairs, an emergency fund and a due date for each payment.
- Right of first refusal: the Code allows it to be agreed (Article 1730). Without it, every co-owner may sell their share to anyone.
- Buying out a departing co-owner: how the share is valued, for example by an independent appraiser, and within what time it is paid.
- Suspending partition: for up to five years, by a registered notarial agreement (Article 672), so that no one can force a sale in the first years.
- Deadlock: mediation, an appraiser, and if there is no choice, an orderly sale.
- Death and divorce: who takes the co-owner's place, and whether heirs or a former spouse join the group.
A share in a property, shares in a company or a "participation": what are you actually buying?
Sometimes an "investment in a property" is offered for a small sum. The marketing looks similar, but the legal position is very different. Ask one question: what will be registered in my name, and in which register?
| What you get | Where it is registered | What it means |
|---|---|---|
| A whole unit with its own cadastral number | The land book, your name in Part II | Ownership of a specific property |
| A share in a unit | The land book, your name and share in Part II | Co-ownership under the rules above |
| Shares (părți sociale) in a Romanian company that holds the property | The trade register (ONRC) | The property belongs to the company, and its creditors rank ahead of you |
| A "participation" contract or "investment agreement" only | In no register | Only a contractual claim against whoever signed with you |
Before transferring money to such a transaction, ask for an up-to-date land book extract and a draft showing exactly what will be registered in your name; if there is a company, its articles of association, an up-to-date register certificate (certificat constatator) and the list of beneficial owners; who controls the account into which the money goes; and the exit clause. When money is collected from many people for a single project, ask which authority supervises it and check its register yourself.
When is a Romanian company (SRL) an alternative to co-ownership?
In a company, the partners hold shares and the property is registered in the company's name. Decisions and exit are governed by the articles of association and company law, not by the co-ownership rules. Under Article 202 of Law 31/1990, transferring shares in a limited liability company (SRL) to a non-member requires the approval of members holding at least three quarters of the capital, unless the articles provide otherwise. For a group that wants to control who comes in, this can be an advantage.
On the other hand, the property sits on the company's balance sheet and not in your name, the company's creditors have priority, and the company has its own costs and taxation in Romania and in Israel. The comparison between buying privately and buying through an SRL is set out in a separate guide.
What to do before signing?
Before the deed, you should have a written summary of the shares, the split of expenses, the right of first refusal, the mechanism for buying out a co-owner and the suspension of partition, and each co-owner should verify in the land book extract that their share is registered in their name. We accompany groups of Israeli buyers in building the structure and framing the questions, together with lawyers and notaries licensed in Romania, who draw up the deed, the notarial agreements and the registration.
This article is general information, current as of October 2026, and is not legal advice for a specific case. Every co-ownership structure is different, and the agreements should be drafted and reviewed by an independent lawyer before signing.
Frequently asked questions
Can three friends buy one property in Romania?
Yes. All three of you are registered in the land book as co-owners, each with a share. Unless otherwise stated the shares are deemed equal, so anyone who paid a different amount needs the real split to appear in the deed.
Can one co-owner sell the whole property?
No. Sale, mortgage or gift of the whole property requires all the owners (Article 641(4) of the Civil Code). Each co-owner may sell their own share, unless otherwise agreed.
Can a co-owner force the others to sell?
They may request partition at any time (Article 669). If the property cannot be divided in kind, the court can allocate it to one of the co-owners against an equalisation payment or order a sale. A registered notarial agreement can suspend partition for up to five years.
What happens if my co-owner has debts?
Their personal creditor can seize their share or request partition (Article 678). If the share is sold in a forced sale, the other co-owners have priority at the same price.
Are shares in a company that holds the property the same as a share in the property?
No. Company shares are registered in the trade register, and the property belongs to the company. A co-ownership share is registered in the land book in your name.
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The information in this guide is general in nature and does not constitute legal or tax advice on any specific transaction. Every transaction is assessed on its own facts.