Where a contract for the voluntary partition of property held in co-ownership with a minor or adolescent child is to be concluded, the law requires authorisation from the district court at the child's current address. Such authorisation is also required when signing an out-of-court settlement for partition or a contract for the partition of an inheritance that includes property jointly owned with children. This court document is one of the mandatory documents that must be presented to the notary when the partition is carried out.

The district court grants authorisation for the voluntary partition of property in which a child is a co-owner only where it is established that the transaction is in the child's interest. Reasons such as important and urgent needs of the family may also constitute sufficient grounds for issuing such authorisation.

Application under Article 130(3) of the Family Code

To obtain authorisation to conclude a contract for voluntary partition, an application must be filed under Article 130(3) of the Family Code. The application must be filed with the district court responsible for the child's current address.

In cases where the child became a co-owner through inheritance, the child must accept the inheritance under an inventory before the request for authorisation is filed.

  • If the child is a minor, the application must be signed by the parents or by the parent exercising parental rights.
  • If the child is an adolescent, the child must sign the application in person, and the parents or the parent exercising parental rights must give their consent.
Information Required in the Application

The application must contain the following information:

  • A list of the properties that will be the subject of the partition.
  • The terms of the partition.
  • The amount of the monetary equalisation, if applicable.
  • An explanation of the reasons for the partition and the purpose for which the funds will be used.

The court may be asked to authorise both the partition and a subsequent sale of the property received as a share by means of one and the same application.

It is essential to justify properly the need and benefit for the child, as well as to select carefully the evidence to be attached to the application. An incorrect assessment of the evidence often leads to the court rejecting the application.

Required Documents

The following documents must be attached to the application under Article 130(3) of the Family Code:

  • Proof of the child's current address (for example, an address card from the municipality).
  • The child's birth certificate.
  • A court decision granting the parent the exercise of parental rights, if the parents are divorced.
  • A copy of the death certificate and a certificate of heirs – if the partition includes property that the child received by inheritance.
  • A civil marriage certificate – to determine whether the properties were acquired during the marriage and what the child's inheritance share is.
  • A title document for the properties, such as a notarial deed or a contract for the purchase of municipal land.
  • A draft of the voluntary partition contract.
  • A tax valuation of the properties.
  • A declaration in the prescribed form of the property owned by the child.
  • A payment order for the state fee paid.
  • A power of attorney, if the application is filed by a representative.

Depending on the particular case, additional documents may also be attached, such as a declaration of family and financial circumstances, notarial deeds, wills and divorce court decisions.

The state fee for the consideration of the application is BGN 25.

Proceedings Before the District Court

After the documents are filed, the court is obliged to rule within a short period. In practice, however, the court often requires an opinion from the "Social Assistance" Directorate, "Child Protection" department, in order to verify whether the assertions in the application are well-founded and whether the partition is in the child's interest. If the child is over 10 years of age, the officials of the "Child Protection" department hear the child. The court may also schedule an open hearing to hear the parents, the social worker and the child.

Additional documents may also be required to establish the child's aims and needs, as well as to confirm the market value of the properties and the parents' financial situation. To avoid delays, it is important that the documents are properly prepared.

If the court finds that the partition is in the child's interest, it issues authorisation. In cases of conflict between the interests of the child and those of the parents, the court appoints a special representative to protect the child's interests when the partition contract is signed before a notary.

Appeal and Filing a New Application

If the court rejects the application, the decision may be appealed before the regional court. If the district court refuses to grant authorisation, a new application may be filed should the circumstances change.

Should you require legal advice or assistance in connection with obtaining authorisation from the district court, contact us on telephone 0887550706 or by e-mail: [email protected]