Each co-owner exclusively owns a share of the ownership right. Shares are presumed equal until proved otherwise, so write unequal shares in the deed and the land register.
Any co-owner can ask for partition at any time. An agreement can suspend it for up to five years, notarised and registered for real estate (Art. 672).
The land register in your name, the trade register as company shares, or nowhere at all, in a contract only. Ask what will be registered in your name, and where.
Co-ownership in Romania: the short answer
When two or more people buy one property in Romania, they become co-owners (coproprietari). Under Article 634 of the Civil Code, each of you exclusively owns a share (cotă-parte) of the ownership right, and the shares are presumed equal unless proved otherwise. The shares are written in Part II of the land register extract, next to each owner's name.
Day-to-day decisions need a majority of the shares. Selling, mortgaging or giving away the whole property needs everyone. And any co-owner can ask for partition at any time (Article 669), unless it has been suspended by agreement for up to five years.
In plain words: buying together is easy. Getting out together is the part you have to agree on in writing, before you sign.
The second question is just as important. When someone offers you a "piece" of a property for a small ticket, check what you are actually buying: a registered unit, a registered share, or a share in a company.
What the land register shows
The land register (Cartea Funciară) is the record that counts against third parties. For a co-owned property you should see:
- Part I: the property, with its cadastral number.
- Part II: every co-owner by name, with their share, for example 1/2 and 1/2, or 60/100 and 40/100.
- Part III: encumbrances, including a mortgage on one co-owner's share. Under Law 7/1996 a mortgage can be registered on a whole property or on the share of one co-owner.
Two practical rules follow from Article 634(2). If you paid unequal amounts, write the real shares in the deed and the register. If the property was acquired by a legal act and nothing is written, proving unequal shares later requires documents.
How to read the extract is explained in our guide to the land register extract. If you are a couple rather than friends, the question of whose name goes on the deed has its own answer, in our article on registering a villa.
Who decides what: the default rules
| Decision | Who must agree | Civil Code |
|---|---|---|
| Urgent repairs, preserving the property | Any co-owner alone | Art. 640 |
| Administration: a lease up to 3 years, ordinary management | Co-owners holding a majority of the shares | Art. 641(1) |
| An administration act that heavily burdens one co-owner | That co-owner too | Art. 641(2) |
| Sale, mortgage or gift of the whole property, a lease over 3 years, works purely for embellishment | All co-owners | Art. 641(4) |
| Selling your own share | You alone, unless agreed otherwise | Art. 634(1) |
| How you use the property (who stays when) | Agreement, or a court if you disagree | Art. 639 |
An act made without the required consent is not enforceable against the co-owner who did not agree (Article 642). Costs and benefits are shared in proportion to the shares (Article 635). A co-owner who uses the property exclusively against the will of the others may owe compensation (Article 636(2)).
The deadlock rule. If one co-owner cannot express their will, or abusively blocks an administration act that is indispensable to keep the property's value, the others can ask a court to supply the missing consent (Article 641(3)). That helps with a leaking roof. It does not help with a decision to sell.
The exit: partition
Partition (partaj) ends co-ownership. The Civil Code is clear:
Buying together is easy. Getting out together is the part you have to agree on in writing, before you sign.
- It can be requested at any time (Article 669), by agreement or by a court (Article 670).
- It can be suspended by agreement for up to five years. For real estate, that agreement must be notarised and registered (Article 672). A court can also postpone partition for up to one year to avoid serious harm to the others (Article 673).
- In kind, if possible. Otherwise, the whole property goes to one or more co-owners who pay the others compensation (sultă), or it is sold, by agreement or at public auction, and the price is split by shares (Article 676).
- In the land register. For real estate, partition takes effect only once the notarial deed or the final court judgment is registered (Article 680(2)).
One more rule friends rarely think about: your partner's creditors. A personal creditor of one co-owner can seize that co-owner's share or ask the court to partition the property (Article 678). In a forced sale of a share, the other co-owners are preferred at an equal price (Article 678(2)).
The co-ownership agreement: what to put in writing
The Civil Code allows all co-owners to sign a co-ownership administration contract (contract de administrare a coproprietății) that departs from the default rules on costs, use and decisions. For real estate it is noted in the land register at the request of any co-owner (Article 644). Any co-owner can terminate it, and then the default rules apply again (Article 644(2)).
That is why serious groups combine three documents: the purchase deed with the correct shares, an administration contract, and a separate agreement on exit, which your independent lawyer drafts. Points to cover:
- Shares and money. Who paid what, and what happens if one of you does not pay their part of costs or of a mortgage.
- Use. Calendar, guests, renting out, and who manages the property.
- Costs. Taxes, insurance, repairs, a reserve fund, and a deadline for each payment.
- Right of first refusal. The Civil Code lets you agree a right of pre-emption (Article 1730). Without it, each of you can sell your share to anyone.
- Buy-out. How a leaving partner's share is valued, for example by an independent valuer, and how long the others have to pay.
- Suspension of partition. Up to five years, notarised and registered (Article 672), so no one can force a sale in year one.
- Deadlock. What happens if you cannot agree: a mediator, a valuer, then an orderly sale.
- Death and divorce. Who steps in, and whether heirs or an ex-spouse join the group.
"Invest from €50,000": what are you buying?
Small-ticket schemes are sold in many forms. The marketing looks alike. The legal reality does not. Ask one question: what will be registered in my name, and where?
| What you get | Where it is registered | What it means |
|---|---|---|
| A whole unit with its own cadastral number | Land register, your name in Part II | You own a specific property |
| A share (cotă-parte) in a unit | Land register, your name and your share in Part II | You are a co-owner, with the rules above |
| Shares (părți sociale) in a Romanian company that owns the property | Trade register (ONRC), not the land register | You own part of a company. The company owns the property, and its creditors come first |
| A contract only: "participation", "investment agreement" | Nowhere | You have a claim against whoever signed with you |
With a company, two rules matter. Under Article 202 of Law 31/1990, transferring SRL shares to an outsider needs approval by members holding at least three quarters of the capital, unless the articles of association say otherwise. And the property sits on the company's balance sheet, not in your name. We explain what a company structure involves in our article on buying through an SRL.
Before you transfer money to any scheme, ask for:
- A current land register extract for the property, and a draft showing exactly what will be registered in your name.
- If a company is involved: the articles of association, a current trade register certificate (certificat constatator) and the list of beneficial owners.
- Who controls the bank account the money goes into, and who can sign for it.
- The exit clause: how, when and at what valuation you can leave.
- The licence, if money is collected from many people for a common project. Ask which authority supervises it, and check that authority's own register yourself.
Ignore any figure in the brochure until these documents are in front of your own lawyer. More warning signs are in our article on red flags when buying abroad.
Frequently asked questions
Can three friends buy one property in Romania together?
Yes. All three are registered in the land register as co-owners, each with a share. Shares are presumed equal unless stated otherwise, so if you paid different amounts, write the real shares in the deed.
Can one co-owner sell the whole property?
No. Selling, mortgaging or giving away the whole property requires all co-owners (Article 641(4)). Each co-owner may sell their own share, unless you agreed otherwise.
Can a co-owner force the others to sell?
They can ask for partition at any time (Article 669). If the property cannot be divided in kind, a court can award it to one co-owner against compensation or order a sale. An agreement can suspend partition for up to five years.
What happens if my friend has debts?
Their personal creditors can seize their share or ask for partition (Article 678). In a forced sale of the share, the other co-owners are preferred at an equal price.
Is a share in a company the same as owning a share of the property?
No. A company share is registered at the trade register, and the company owns the property. A co-ownership share is registered in the land register in your name.
The bottom line
Co-ownership in Romania is clear and well regulated. Its risk is not the law. It is the day one of you wants out. Agree in writing on shares, costs, first refusal, buy-out and a suspension of partition before you sign the deed, and check that your share is registered in your name.
If you are planning to buy with friends or family, with us or anywhere else, book a half-hour call with me. We will go through the structure and the questions to put to your independent lawyer.
Moti Azulay, Compass Group Romania
Sources: Romanian Civil Code, consolidated (legislatie.just.ro), Articles 634–644, 669–680 and 1730 · Law 7/1996 on cadastre and land registration (legislatie.just.ro) · Law 31/1990 on companies (legislatie.just.ro), Article 202 · ANCPI · National Trade Register Office (ONRC)
This article is general information only and is not legal, tax or financial advice. The rules are current as of 22 October 2026. Every co-ownership structure is different: have it drafted and checked by an independent lawyer before you sign.
Now you know more.
This article is general information, not legal, tax or financial advice. Consult local professionals before any transaction.
