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Co-ownership of a property How it Works?

Co-ownership of a property How it Works? - How do you regulate co-owners who have the same rights to a real estate.

Co-ownership of a property How it Works

Whether the co-ownership of a property is born on a voluntary basis, for example as a result of the purchase of a house in a couple, or involuntary, such as the purchase of a family home as a result of a will, many problems can arise in the management of the common good. To be clarified there is not only the possible willingness to sell or hold the property, but often the use is also controversial.

The first thing to point out about the right to co-ownership, or communion as it is defined in legal terms, is that the holders of this right own a percentage of the whole asset and not a well-defined part of the portion of the asset itself. To make the concept clearer, we can say, for example, that spouses who buy a two-bedroom together do not own a room each but hold 50% of the property property each.

We try to understand how the law regulates cases where communion requires the coexistence of the property rights of multiple subjects:

  • What does it mean to own a property in communion?
  • What are the rights of the
  • How to manage work on the property
  • Shared property shares: administration and expenses
  • Can you get out of co-ownership?
  • Buying a house as a couple: the case of spouses


What does it mean to own a property in communion?


When it comes to the communion of a property, it is a real right of enjoyment in which the property is divided by ideal shares, or attributed by percentage, between different parties all owners. The ownership of a property can be the same, such as in the system of communion of spouses' assets, or different, as in the case of an inheritance in which one parent has died and the other is still alive. In this situation the living spouse will inherit 50% of the property of the while the children will divide the remaining 50%.

Co-ownership can also arise when there is an agreement between the various owners who voluntarily decide to buy the same asset together. An example of this context can be represented by a couple of friends, or brothers, who decide to buy together a beach holiday home.

A final juncture of real estate co-ownership is represented by the timeshare contract through which several people buy a share of a property, obtaining a period of enjoyment of the asset determined and regulated by the contract itself.

What are the rights of the co-ownership


The co-owners all have the same right to enjoy and cannot prevent others from using the property. To sum up we can say that the obligations to which the holders of the right of communion must submit are essentially three:
  • it is not possible to prevent the simultaneous use of the property from other co-owners;
  • it is not possible to alter the intended use of the property without the consent of the other co-owners;
  • it is not possible to jeopardize the integrity of the asset by damaging or destroying it.
When the nature of the property allows contemporary use, of course, fewer problems are created. Problems arise when the house in question cannot, or does not want to use it, at the same time. In this regard it should be emphasized that when the law speaks of equal use does not mean a contemporary and identical use, but the possibility to enjoy the good in the same way at different times of the year, regulated by signing an agreement that provides for a rotary use of the house. If the agreement decides that only one person is to enjoy the property, it may be obliged to pay an allowance to the other accounts.

How to manage work on the property


If one of the co-owners decides to make changes or works on the common dwelling, in order to improve its enjoyment, it can operate as long as it does not prevent others from using the property and does not alter its destination. The cost of the work is solely borne by the person who promoted them. In no case will you be able to request a refund or a shareholding unless an agreement has been entered into in advance with the other holders.

Shared property shares: administration and expenses


All holders of the right of communion are allowed to participate in the administration of the common good. They also have the burden of participating in the costs of ordinary administration, obviously in relation to the shares of ownership of the property, unless an agreement has been signed that distributes the expenses differently than the shares. The ordinary administration is decided in the opinion of the majority of the owners, while the extraordinary administration needs unanimity.

Can you get out of co-ownership?


No one can be required by law to hold a right of communion that he no longer desires. If there is obstruction of the exit transaction on the part of the other holders, the person concerned may go to the court to obtain the division of the property. At first, the court will have to consider the possibility of dividing the asset into nature. If it is not possible, it may follow other paths: for example, to have the sale of the share to the other owners until the extreme case of the sale of the property at auction with subsequent division among all the co-owners of the proceeds.

Buying a house as a couple: the case of spouses


The most common case of communion of a property is that that occurs between two spouses for the purchase of the family home. Both have 50% of the property but can operate individually the acts of ordinary administration for the proper management of the common dwelling. It is always individually up to trial as a representative of communion, but only in cases of disputes involving matters relating to the ordinary administration. As regards the extraordinary administration, the spouses must both give the same consent.

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