The following terms, used herein, shall have the meanings assigned thereto, unless the context indicates otherwise:
1. Common Property: Property commonly owned by two or more persons by virtue of a contract, inheritance, or otherwise.
2. Division Lawsuit: A suit brought by a co-owner claiming his share of a common property.
3. Circuit: The judicial circuit considering a division lawsuit.
4. Law: The Law of Civil Procedures.
5. Division Disputes: Any dispute pertaining to a property subject to the division lawsuit, whether filed by some of the co-owners or by others, such as disputes concerning ownership of part of a common property, establishment of a debt against a deceased, a bequest, or endowment.
6. Division of Benefit: The division of benefit in relation to time or space.
7. Consensual Division: A division that may only be concluded with the consent of the co-owners, as a division otherwise may result in damage or require compensation by a co-owner to another.
8. Compulsory Division: A division that does not result in damage to any co owner nor require compensation.
9. Inventory List: A statement prepared by a liquidator listing all common property assets as well as associated rights and obligations and an assessment of the value of such assets.
10. Established Co-ownership Property: A property whose ownership is established by an official deed, or which is in the possession of one or more co-owners or a third party, and is not subject of a dispute but lacks official proof of ownership.

The division of a common property involving a minor, absent or missing person, an endowment, or a bequest, shall comply with relevant provisions of laws in all stages of the division or liquidation.

Co-owners having legal capacity may agree on the division of common property in any manner not conflicting with Sharia or law, and such agreement shall be submitted to the relevant agency for attestation.

A division lawsuit may be divided according to the type of the common property: real property, movable property, cash, or any part of such types. Each type shall be filed separately and heard by the same circuit.

Any co-owner of a common real property may file a suit before the competent court requesting the eviction of persons unlawfully possessing such property. Such suit shall be filed by the liquidator or receiver, if applicable.

Co-owners may, during a division lawsuit, agree to divide the benefit of a common property pending a ruling on the suit. If they fail to agree, the circuit may rule on the division of benefits, as necessary.

Service of process in common property division lawsuits shall be made in accordance with the provisions of the Law. The service may be carried out through the liquidator.

If the need arises to question a litigant in a division lawsuit and the facts and documents of the case are not sufficient to establish the truth, the circuit may compel his appearance, subject to the following:
1. The circuit may not compel the appearance of the litigant unless he fails to appear despite being served personally or through another person, or the circuit establishes that he is hiding or deliberately avoiding to appear.
2. The order to compel the litigant to appear before the circuit shall be addressed in writing to the police department in the area where the litigant resides, even if the area is outside the court’s jurisdiction.
3. If the litigant is apprehended prior to the scheduled time of the hearing, he shall be brought directly to the circuit.
4. The circuit may request the relevant agency to place on the arrest list the litigant refusing to appear before it.
5. If the police is unable to arrest the litigant, it shall notify the circuit thereof five days prior to the hearing date. This shall not prevent the police from bringing him in even after the lapse of said date.
6. If necessary, the circuit may include, in its order to compel the litigant to appear, a detention period not exceeding five days for bringing him in. If the litigant is not brought in within such period, the relevant agency shall promptly write to the circuit or its equivalent for instructions.

Subject to the provisions governing non-appearance of litigants under the Law, the circuit may not stay the proceedings in a division lawsuit due to the litigant’s non-appearance or refusal to appear, and shall order the share of such litigant to be kept with the relevant agency.

In a division lawsuit, the circuit’s review shall be limited to property whose ownership by co-owners is established. Where the division requires that further formalities relating to the title deed be completed, the liquidator, if any, shall assume such responsibility; otherwise, the circuit shall request the relevant agencies to complete such formalities or delegate one of the co-owners for such task. A co-owner may assume such task on his own initiative, even without a power of attorney from other co-owners, notwithstanding whether the co ownership results from inheritance or otherwise. This shall not affect the division of other properties.