Balance between equity and justice With the acceleration of urbanization, the phenomenon of share-based ownership of housing is becoming more common. However, on the issue of co-ownership of the house, if the parties cannot properly handle the relevant common affairs, there will often be disagreements in the operation, management and maintenance of the immovable property, and over time, there will gradually be a gap between the co-owners according to the shares, so that the real estate will have a deadlock in the co-ownership of the shares. Unable to form a unified plan for the distribution of interests generated in the process of related housing operation, this deadlock situation often makes the co-owners unable to form a unified opinion and decision-making, thus forming a senseless loss of property between the co-owners by shares, and for the co-owners by shares for business purposes, the emergence of this deadlock makes the parties lose the basic trust basis and thus cannot achieve the realization of the expected benefits. It can be said that the deadlock of co-owners by share has seriously jeopardized the relevant rights and interests of all parties, and how to solve such a situation.
According to the provisions of the Civil Code, "if the co-owners agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but if the co-owners have serious reasons to need to divide it, they may request division; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are serious reasons for the need for division".
It can be seen that the co-owners can divide the co-owned real estate by way of court litigation in accordance with the law, and the court obtains the corresponding co-ownership shares according to the circumstances of the relevant co-owners, such as the property owner paying the corresponding share of the discount to the other co-owners. or auction or sell the property at issue, and the price obtained shall be divided according to the share of property rights.