In the context of the new regulations introduced by the Law on stamp tax in Romania, the calculation and payment of  stamp taxes for various actions, such as partition, including judicial partition in Romania or partition upon divorce in Romania, have become key considerations for those seeking to divide their assets legally and benefit from lower costs. These legislative changes also aim to facilitate access to justice, particularly in divorce action in Romania involving divorce partition in Romania, where the division of jointly owned property between spouses is required, as well as in judicial partition in Romania cases or termination of joint tenancy in Romania when co-owners of a shared property decide to divide or sell their respective shares. In such situations, collaboration with a partition lawyer in Romania from The Romanian Law Firm Pavel Mărgărit and Associates is crucial, both for applying the best strategies to ensure a favorable outcome for clients and for correctly calculating the stamp tax in Romania.

Divorce partition in Romania: Stamp taxes and professional practice in Romania

Before the new provisions came into effect, the stamp tax for partition in Romania was 3% of the asset value, meaning that for high-value assets, such as real estate, the stamp tax could become substantial. Currently, in the case of a divorce partition in Romania, where spouses must divide assets acquired during the marriage, and the apartment in which they lived is valued at 800,000 RON and included in the partition process, the applicable judicial stamp tax will be half of 11,605 RON, as per the rates established by the Law on stamp tax in Romania, compared to the previous calculation method where the judicial stamp tax amounted to 72,000 RON.

Another common scenario involves the division of both real estate and other valuable items, such as a car or personal belongings. For instance, if the partitionable assets include an apartment valued at 1,200,000 RON and a car valued at 150,000 RON, the total asset value is 1,350,000 RON, and the applicable stamp tax is 8,552 RON. In such cases, a real estate partition attorney in Romania can provide legal guidance to ensure the fair division of assets.

During a partition lawsuit in Romania, disagreements regarding the division of assets may arise. For this reason, The Romanian Law Firm Pavel Mărgărit and Associates recommends collaborating with a partition attorney in Romania to provide comprehensive support, from drafting the partition action in Romania request to court representation to achieve a fair solution.

Judicial partition in Romania and termination of joint tenancy in Romania

Another type of action requiring the payment of judicial stamp tax is the termination of joint tenancy in Romania. This refers to the procedure by which co-owners of a shared property decide to divide the property. The most common cases of termination of joint tenancy in Romania occur among heirs, as well as business partners or co-owners of properties, land, vehicles and other valuable assets.

For example, four siblings inheriting a house valued at 2,000,000 RON and wishing to divide it among themselves would need to pay a stamp tax calculated based on the value of the property and the amount exceeding the 250,000 RON threshold. In this case, the stamp tax for exiting co-ownership would be 11,802 RON. Another frequent example is exiting co-ownership for agricultural land valued at 600,000 RON, where the stamp tax would be 4,802 RON under the new legal provisions. In such cases, a partition lawyer in Romania specializing in judicial partition in Romania and partition in Romania can assist in determining the value of the property subject to partition and calculate the stamp tax in Romania in compliance with the new regulations. Additionally, a litigation lawyer will provide legal assistance in drafting the necessary documentation to establish the share of each co-owner and represent the client in court during the partition action in Romania.

The team of lawyers from The Romanian Law Firm Pavel Mărgărit and Associates offers comprehensive services in such cases. From consultancy on stamp tax in Romania to client representation in court during a partition action in Romania, we are dedicated to guiding you step-by-step through each stage of the termination of joint tenancy in Romania process. If you are facing such a situation, do not hesitate to contact a divorce lawyer in Romania, partition lawyer in Romania or stamp tax lawyer in Romania from our team for specialized legal assistance.

“Every divorce action in Romania, judicial partition in Romania and termination of joint tenancy in Romania can benefit from the expertise of a partition attorney in Romania or a stamp tax lawyer from our team. We are dedicated to offering complete services to ensure the partition lawsuit in Romania is as simple and efficient as possible for our clients,” stated the Managing Partner of The Romanian Law Firm Pavel Mărgărit and Associates, Dr. Radu Pavel.

Our team of lawyers is ready to address any questions regarding stamp tax in Romania, the divorce procedure in Romania, judicial partition in Romania, inheritance and other court petitions. For further information, we invite you to complete the contact form on our website https://avocatpavel.com/contact/

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The amendments to the Law on stamp tax in Romania in 2024 have significantly impacted the costs associated with divorce proceedings, divorce partition in Romania, judicial partition in Romania, and termination of joint tenancy in Romania, facilitating access to justice for litigants. In the past, judicial stamp tax represented a considerable burden for many individuals seeking to legally divide their assets, with the costs of partition or the divorce procedure in Romania often acting as a barrier to accessing the courts. With the help of a real estate partition attorney in Romania, litigants can navigate the partition lawsuit in Romania much more easily, benefiting from a faster, more transparent process and significantly more affordable financial costs.