Kaasalduse

Kaasalduse is a legal form of joint ownership in which two or more persons hold an undivided interest in a property or asset. The term is used in Estonian-language legal contexts to describe co-ownership arrangements that can cover real estate, land, or other forms of property. A co-owner’s share can be equal or unequal, depending on how the ownership was acquired or stipulated by an agreement or will.

Rights and duties of co-owners include the ability to use and derive benefit from the property in proportion to their shares, while bearing costs such as maintenance, taxes, and insurance in proportion as well. Co-owners generally cannot unilaterally dispose of the property or encumber it without consent from the other co-owners, unless the ownership agreement provides otherwise. Decisions affecting the property—such as major renovations, leasing, or sale—are commonly governed by the terms of the co-ownership agreement or by applicable civil or property law if no agreement exists.

Management and administration of kaasalduse are typically organized through a written agreement or by default rules in the national civil code. Many co-ownership arrangements designate a managing representative or specify how day-to-day matters are handled. If disagreements cannot be resolved amicably, remedies may include mediation, court action, or a partition proceeding to divide the property or compel sale.

Partition or sale can result in the property being divided physically, if possible, or more commonly sold with proceeds allocated to the co-owners according to their shares. Mortgages or liens placed by one co-owner can affect the whole property, subject to applicable law and any agreements among the co-owners.