In short
On an immovable held in shares, an attachment does not enter on the whole of the land register. The attachment enters on the share written for the debtor on the land register. The other co-owner's share is not attached by this annotation. If a sale is asked for, what is sold is the share written in the annotation. The buyer at the auction becomes a co-owner of that share. The whole of the immovable does not change hands from this file. If the share ratio is not on the land register, the ratio is not added.
This writing answers which share the annotation entered on. It does not answer an attachment placed on the whole of the immovable, an attachment of a company share, or an action for termination of the co-ownership.
Which share the annotation is written on
The land register writes each co-owner and their share separately in the owner column. The enforcement office's writing of attachment must carry the name of the debtor co-owner and their share. If the writing says the immovable was attached and leaves the share empty, a result that the whole was attached is not built. An incomplete writing does not make the other co-owners debtors. Completion is asked for by matching the land-register record with the party to the enforcement. If there is no match, the annotation is not treated as having spread over the whole parcel.
The block and the parcel show the place of the share. The share is the share line in the owner column. The two are not the same word. If the writing carries only the block and the parcel, the share line is looked for separately. If there is no share line, a ratio is not produced by dividing the square metres of the land. If the debtor's name appears on more than one line on the land register, which line was attached is read from the writing. If the writing does not separate them, all the lines are not treated as having been attached.
The general state of an annotation of attachment placed on the whole of an immovable stands under the heading attachment of an immovable. This text does not repeat the lock of that annotation, the day of valuation and the announcement of sale. The valuation does not change the share ratio by itself. The ratio is read from the land-register line. The value in the report does not enlarge the area of the share. The area, if it stands in the cadastral record, is read from there. If it does not stand, the square metres are not completed.
The other co-owner does not become a debtor
A co-owner does not take the capacity of debtor because they live in the same dwelling. An annotation falling on their share is spoken of if there is a separate enforcement opened against them. When there is no such enforcement, the neighbouring share is not counted as the attachment of this file. The co-owner answers the writing of attachment in their own capacity. The answer given on the debtor's paper of payment does not save the other co-owner's share. If the two capacities are melted in the same petition, which share was asked for is lost.
The sentence that the other co-owner has no debt is already the subject of that share, if an annotation has not fallen on their own share. If the annotation was not written on their share, this sentence is not treated as having lifted the debtor co-owner's share as well. The lifting is read separately for the line the annotation was entered on. If the line is empty, lifting is not assumed.
An annotation of the family home is not the same line as an attachment of a share. That annotation stands under the heading an annotation of the family home. A claim of a dwelling suited to the debtor co-owner's condition is under the heading a homestead complaint. The two do not change the ratio written on the share. Living there does not add the share that was not attached inside the debtor's share. If the spouse's name stands on the land register as a co-owner, that share is a separate line. If the spouse's name is only in the annotation of the family home, this annotation does not produce a share ratio.
What is sold is the share
If the creditor asks for a sale, the subject of the sale is the share that was attached. The buyer at the auction becomes a co-owner in that share ratio. Ownership of the whole of the immovable does not pass from the other co-owners by this auction. If the land-register step says the whole parcel was sold, and the annotation shows a single share, the conflict is written. The conflict is not turned, by silence, into a sale of the whole. The document must show which share was auctioned. If the ratio in the announcement of the auction and the ratio on the land register conflict, both are kept. The announcement is not treated as having corrected the land-register line by itself.
The debtor co-owner may transfer their own share to a third person. The transfer does not erase the annotation on that share. The frame of a transfer that carries an annotation stands under the heading can an attached immovable be sold. This text does not build the writing of release or the petition to set the auction aside. The other co-owner's share does not enter the debtor's private sale by itself either. The buyer becomes a co-owner only of the share that was transferred. That they are the owner of the whole flat does not come out of a wide sentence in the contract of transfer.
Termination of the co-ownership is not another name for the annotation of attachment of a share. Whether it is a sale or a division is spoken of in that action. The action does not enlarge the share in the enforcement annotation by itself. The frame stands under the heading termination of co-ownership. This text does not write a report of division. If the result of the action is a sale of the whole immovable, that sale is not a copy of the attachment of the share in the enforcement file. The prices of the two sales are not mixed. Which price entered which file is read from the record of the place it was deposited. If there is no record, the price is not treated as having been distributed.
A record of joint ownership does not produce a share
If the inheritance has not yet been turned into ownership in shares, joint ownership may be seen on the land register. Joint ownership is not a particular line of a share. A share that is not visible is not added to the writing of attachment. Whether the ratio in the certificate of heirship was entered on the land register is read separately. Before it is entered, a share is not treated as having been sold. If there is no document, the ratio is not completed. If the ratio in the document and the record of joint ownership on the land register stand side by side, the two are not taken for the same line. If the share column on the land register is empty, the gap is not treated as having been filled with the fraction in the document.
The debt of only one of the heirs does not make the names of the other heirs into debtors. If the other names are written on the land register in joint ownership, the writing does not announce each of them as the debtor of this file. The attachment is directed at the person who is written as the debtor. If the person cannot be distinguished on the land register, the distinguishing is not completed before the certificate of heirship is entered on the land register. If there is no writing of the entry, an announcement of sale is not built as if there were a share.
A representative of the estate, or an attorney of an heir, does not by themselves change the capacity of owner on the land register. A power of attorney does not stand in for the debtor's name in the writing of attachment. The name is read from the owner line of the land register and from the table of the enforcement. If the two conflict, the conflict is written. The conflict does not make all the heirs debtors.
A company share is not a share on the land register
A share in a limited company or a joint-stock company is an asset other than a share in an immovable. The share register, the share certificate and the trade register are not in this text. An attachment that comes to a company share is not pasted onto the land-register line of the parcel. The share on the land register is not read as the partnership share on the trade register. If the two records conflict, both are kept separately. If the company is the owner of the immovable, the debtor may be the company itself, not the partner of the company. A partner does not become the owner of the parcel merely because their name appears in the share register. The owner's name is read from the land register.
If a mortgage is on one share, the attachment does not erase that mortgage. The path of the mortgage stands under the heading turning a mortgage into money. This text does not recount rank and the order of sale. Which right is tied to which share is read from the column of the land register. If the column is empty, a right is not assumed. If the mortgage is on the whole parcel and the attachment is on only one share, the two annotations are not taken as being of the same width. The width is read from each annotation's own line.
If there is a usufruct or another right on the share, that right is not erased by the annotation of attachment. If the column of the right is empty, the right is not copied from the record of the neighbouring share. The mortgage of the neighbouring share does not spread to the debtor's share by itself.
Joining does not enlarge the share
Other creditors against the same debtor may join the enforcement file. Joining does not change the property that was attached. What was attached is the debtor co-owner's share on the land register. Even if the number of creditors increases, the other co-owner's share does not enter this file. The annotation of joining does not stand in for the share ratio on the land register. The ratio, if it stands in the owner column, is read from there. If the writing of joining says they sold the whole immovable, and the land register shows a single share, the conflict is kept.
An announcement of sale does not correct the ratio either. If the announcement writes the whole flat and the annotation writes a share, the whole is not treated as having been sold by taking the announcement as the basis. The minute of the auction must show which share was sold to whom. If it does not show it, the buyer is not treated as having become the owner of the whole parcel. If the land-registry directorate's writing of registration is wider than the minute of the auction, the width is read separately. If the width has taken a co-owner who is not a debtor out of being an owner, this result conflicts with the share in the annotation. The conflict is not treated as having been corrected by silence. A correction exists if it stands on the line of cancellation or of correction on the land register.
Conclusion
An attachment of a share is limited to the share it was written on. The other co-owner does not become a debtor from this file. The sale takes as its subject the share in the annotation. A record of joint ownership does not produce a share. A company share is separate. If the ratio is not on the land register, it is not added. The frame stands on the page enforcement and bankruptcy. The contact line is open for reading together which share is in the annotation. The basis is Enforcement and Bankruptcy Law No. 2004.