Eraldusõigusega

Eraldusõigusega is a term used in Estonian property law to describe the situation where a person holds the right of separation, in practice the right to demand partition or detachment of a share from jointly owned property. The concept concerns co-ownership or shared ownership of land, buildings or other immovable property, and its core idea is that each co-owner may seek to obtain a separate title for their portion.

In legal terms eraldusõigusiga involvement arises when co-owners cannot or do not wish to continue owning a property together in its entirety. The right to demand partition can be exercised voluntarily through agreement among the co-owners, or, if necessary, through a court or other competent authority. Partition aims to create independent ownership rights for each party, which may involve dividing the property physically, forming separate parcels in cadastral records, or arranging compensation if a physical division is impracticable.

The partition process typically involves valuation of the property, determination of shares, and a decision on how to divide or compensate. If the asset cannot be divided without harming its value or use, the court may order sale and distribution of the proceeds, or allocate parts of the property to different owners with corresponding financial settlements. Partition also affects encumbrances and rights of third parties, such as mortgages, and requires updating the land register accordingly.

Eraldusõigusega is therefore a foundational concept governing when and how co-owners can legally separate their interests and obtain independent ownership rights. See also: omandiühisus, kinnistusraamat, jaotus.