Co-ownership of a property often arises after an inheritance, a joint purchase, or a division. Each owner has a share of the property rights, but not necessarily a specific room or physical portion. When the co-owners do not agree on use, rental, expenses, or sale, the Civil Code establishes who can make decisions and how the exit from co-ownership can be requested.
What is co-ownership of a property?
In co-ownership by shares, each owner holds an ideal share of the right. The shares are presumed equal until proven otherwise; if the property was acquired through a legal act, proof of another share is made by written documents. The benefits and duties of the property are usually divided proportionally with these shares.
It is useful to distinguish between ordinary co-ownership and forced co-ownership. Judicial partition can terminate ordinary co-ownership, but it is, in principle, inadmissible for the common parts that must remain subject to common use, with the exceptions provided by law. The concrete situation of the property and the acts of acquisition must be verified before choosing the procedure.
Who can use and manage the common good?
Each co-owner may use the common good without changing its purpose and without affecting the rights of others. The manner of use can be determined by agreement; if there is no agreement, the court may be asked to determine it. The co-owner who uses the common good exclusively against the will of others may be required to compensate, depending on the circumstances and the evidence.
Conservation deeds can be done by each co-owner. For ordinary management deeds, as a rule, the agreement of the holders of the majority of the shares is required. If the deed substantially limits the use of a co-owner or imposes an excessive burden on them, their agreement is also required. The court may supplement the agreement in the strictly prescribed situations under the Civil Code, for example when a co-owner abusively opposes an act indispensable for maintaining the utility or value of the property.
The sale of the entire common property, other acts of disposition over the common good, free use, and rental for a period longer than 3 years require the consent of all co-owners, under the conditions of the law. This rule must not be confused with the sale of one’s share: each co-owner may, in principle, dispose of his or her share, unless there is a contrary stipulation or a special rule applicable.
What can be requested when usage or expenses are contested
Maintenance and management expenses, rental income, and the fruits of the property can generate claims among co-owners. Keep the invoices, proof of payment, contracts, notices, and any agreement regarding the use of the property. The shares, the nature of the expenses, and the period for which amounts are requested must be analyzed concretely; some claims may be subject to prescription.
A co-owner can stand alone in court in actions concerning co-ownership, including in claims. The effects of the judgment depend on the subject matter of the lawsuit and the parties involved; for a specific action, the procedural rules must be verified and whether the participation of the other co-owners is necessary.
How to divide an immovable property
The termination of ordinary co-ownership by division of property can be requested at any time, if the partition has not been suspended by law, legal act or judicial decision. The partition can be made by agreement of all co-owners or by judicial decision. A convention of suspension cannot exceed 5 years; for immovable property, the law requires an authentic form and the applicable publicity formalities.
The division is made, as much as possible, in nature and in proportion to the shares. If the property is indivisible or cannot be easily divided, the court may assign the entire property to one or more co-owners, with payment of a levy to the others, or may order the sale and division of the price according to the shares. The valuation of the property, the living situation, contributions and claims made may count in the concrete solution.
What documents and evidence are useful
- the documents of acquisition and the documents showing the shares of each;
- the land title extract and cadastral documentation;
- contracts regarding the use or rental of the good;
- proof of expenses, income and notifications between the co-owners;
- an appraisal of the property, when the value or assignment of the good are contested.
In a co-ownership dispute, the ideal share does not automatically equate to a specific room or surface area. If the dispute also concerns who owns what and what share each holds, check the documents and entries in the land registry separately; see also the guide on proof of ownership of a property.
The main grounds are Articles 631–641 and Articles 669–676 of the Civil Code, in the form published on the Legislative Portal. The information is general; the strategy and requests are determined after examining the documents, quotas, and the concrete situation of the property.
