Joint ownership of housing - how not to lose your share.


In situations where one apartment or house belongs to several people - for example, spouses, relatives, or investors - the concept of joint ownership arises. The law distinguishes between two main types: joint ownership and shared partial ownership. Each has its own rules, opportunities, and restrictions that should be known before purchasing or gifting property.
Joint ownership means that all co-owners possess the property without defining shares. This is a typical form for spouses: an apartment purchased during marriage is automatically considered joint ownership, even if the contract is signed only by one spouse.
At the same Time, none of the co-owners can independently dispose of their share of the property until it is defined by the court or by mutual agreement. Sale, gifting, and exchange are possible only with the consent of all.
What is shared partial ownership of an apartment or house
In the case of shared partial ownership, each co-owner has a clearly defined share in the right of ownership. For example, one third of the apartment belongs to a sister, two thirds to a brother. This form is more commonly found in inheritance issues or when purchasing property by several investors.
Partial ownership allows one to dispose of their share of the property separately: it can be sold, gifted, or passed on as inheritance - but by law, other co-owners have the preemptive right to buy it back. This means that before selling a share to a third party, it must be offered in writing to the other co-owners.
The concept of joint ownership of real estate is important for many people who share property with others. Distinguishing between joint and partial ownership can help avoid misunderstandings and conflicts in the future.Read also
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