Last updated 14 October 2026. By Demetre E. Katsouris, Managing Partner, Katsouris Law Firm.
The short answer: no co-owner of a Greek property can be forced to remain a co-owner. If the family cannot agree, any one of them can ask the court to divide the property or, where it cannot be divided, to sell it at auction and split the proceeds. That is the last resort, and it takes years. Before it come three faster routes: a voluntary division by notarial deed, a buy-out of the other shares, and a sale with everyone’s consent. Most disputes settle on one of those three once the parties understand what the court route would cost them.
How Greek co-ownership works
When a parent dies leaving a house to three children, each child owns an undivided one-third share of the whole house, not a particular floor or room. Every co-owner is entitled to use the property in proportion to their share, every co-owner can sell or mortgage their own share without asking the others, and decisions about the property as a whole are taken by a majority of shares, with certain fundamental decisions needing unanimity.
That structure works while the family agrees. It stops working when one sibling lives in the house rent-free, another wants to sell, and a third is abroad and not answering.
The four ways out
| Route | What it is | Needs the agreement of | Typical time |
|---|---|---|---|
| Voluntary division | A notarial deed allocating distinct parts (apartments, plots) to each co-owner, with payments to balance values | All co-owners | A few months |
| Buy-out | One or more co-owners buy the shares of the others at an agreed price | The sellers and the buyer | A few months |
| Agreed sale | The whole property is sold to a third party and the price split by shares | All co-owners | A few months plus marketing time |
| Court partition | The court divides the property in kind or orders its sale at public auction | None: any single co-owner can file | Years, including appeals and the auction |
Each route carries notarial and registration costs, and a buy-out or balancing payment carries transfer tax on the amount paid. Court partition adds court and legal costs for every side, and auction prices are usually below what an agreed sale would achieve.
When one co-owner occupies the house
A co-owner who uses more of the property than their share entitles them to owes the others compensation for the excess, but in practice only from the time the others formally demand it. Until a written demand is made, the occupant’s use is generally treated as tolerated. The first practical step in almost every dispute is therefore a formal notice, served through a bailiff so that the date is proved, demanding either use of the property or compensation. From that date the clock runs on what is owed.
The same applies to rental income. If one co-owner lets the property and keeps the rent, the others are entitled to their share from the date they demand it.
When a co-owner cannot be found or will not respond
Relatives abroad who ignore letters are the most common obstacle. A court partition can proceed against a co-owner who has been properly served, including abroad. It is slower, but silence does not block the process.
A co-owner who has died adds a layer: their share passes to their own heirs, who must accept the inheritance before they can sign anything. See our article on inheriting property from abroad.
What the court actually does
The court first asks whether the property can be physically divided into parts of equal value, or into parts with a cash adjustment. A plot of land often can; a single apartment cannot. Where division in kind is possible, an expert draws the division plan. Where it is not, the court orders sale by public auction and the proceeds are distributed by shares after costs.
Auctions attract buyers looking for a discount. Families who go all the way to auction almost always receive less than they would have by agreeing a sale themselves. That is the strongest argument for settlement, and it is the one we put to both sides at the first meeting.
The cost of doing nothing
A co-owned property with an unresolved dispute still generates ENFIA property tax every year, assessed to each co-owner for their share, and still deteriorates physically. Unpaid ENFIA must be cleared before any sale. We regularly see properties where the accumulated tax, repair cost and legal fees exceed what an early agreed sale would have yielded.
How we approach it
- Establish the shares: title search, inheritance chain, who actually owns what.
- Value the property, with an independent engineer where the parties disagree.
- Put a written proposal to every co-owner: buy-out at valuation, agreed sale, or division. Set a date.
- Serve the formal demand for use or compensation at the same time, so that the clock runs whether or not they respond.
- File for partition only when the proposal has been refused or ignored past the date.
Most matters settle at step 3 or 4.
Frequently asked questions
Can my brother sell his share to a stranger? Yes. A co-owner can sell their undivided share without the others’ consent, and the buyer becomes a co-owner with the same rights. In practice few buyers want a share, which is why such sales are rare and at low prices.
I have paid all the ENFIA for years. Can I recover it? You can claim contribution from the other co-owners for their shares. Make the claim in writing and keep the payment records.
Can I do any of this from abroad? All of it: a power of attorney covers negotiations, the formal demands, the deeds and the court proceedings.
This article is general information, not legal advice; it reflects the position on the date above and may change.
If you share a property with relatives and cannot agree what to do with it, contact us at info@katslaw.eu or +30 210 8982 864.
