Explanation of Article 637
The article clarified the types of judicial partition decided by the court as follows: A- A partition in which the common property cannot be divided in kind without causing harm to the property, which is when each part of the common property cannot be divided separately without a significant decrease in its value; such as small buildings or land that is cultivated with one type of crop or similar cases. In this situation, the property must be sold at a public auction, and its value is divided among the partners according to each one's share in the ownership. B- A partition in which the common property can be divided in kind; by dividing the real estate into parts according to each partner's share, so that each part is independent by itself or by distinguishing its assets; In this case, the court undertakes the division of this property among the partners in the partition into equal shares as much as possible. This is done by forming shares based on the smallest share in the common property. An expert undertakes the formation of these shares, and then they are distributed among the partners in the partition by drawing lots.
Related To
Article 637
Owners of a property owned in common may, during partitioning of the property, agree on joint usufruct until such partitioning is completed. If an agreement cannot be reached, the court may, upon a petition of any owner, order joint usufruct.