Co-ownership
A property right in which a single property belongs to more than one person at the same time, each holding an undivided fractional share of the whole rather than a physically separate part of it.
Сфера дії: Польща.
Визначення
Co-ownership (współwłasność) is governed by Article 195 and following of the Civil Code. The default form is co-ownership in fractional shares (współwłasność ułamkowa), where each co-owner holds an ideal, undivided share of the entire property — a 1/2 or 1/3 share, for instance — rather than owning a specific physical part of it, such as one particular room.
Each co-owner may freely dispose of their own share — sell it, gift it, or leave it by will — without needing the other co-owners' consent, though disposing of or making significant changes to the whole property requires the consent of all co-owners, or a majority for ordinary management decisions. Any co-owner can also demand the other co-owners buy out their share, or ultimately request termination of the co-ownership through the courts if agreement can't be reached.
Co-ownership commonly arises from inheritance (multiple heirs jointly inheriting one property), from a couple purchasing property together outside marital joint property, or from siblings jointly receiving a family property as a gift.
Приклади
Three siblings inherit their parents' apartment in equal 1/3 shares, becoming co-owners of the whole unit rather than each owning a specific room.
An unmarried couple buys an apartment together, each contributing half the price and being registered as co-owners with 1/2 shares in the land and mortgage register.
One co-owner wants to sell their share of an inherited house, but the other siblings refuse to buy it out and won't agree to sell the whole property, so the case ends up in court to force a resolution.
Як це впливає на купівлю та продаж
A buyer looking at a co-owned property should check whether they're being offered the whole property (requiring every co-owner's signature) or just one co-owner's share (a much less liquid and less attractive purchase, since the buyer would themselves become a co-owner alongside strangers). Co-owners in an unresolved standoff should know that termination of co-ownership is always available through the courts as a last resort, even without unanimous agreement.
