Miteigentümerschaft

Miteigentümerschaft refers to a form of co-ownership where multiple individuals hold a share in a single property. This is distinct from joint tenancy, which often implies a right of survivorship. In miteigentümerschaft, each co-owner possesses a defined, undivided share of the property. This means they have the right to use and enjoy the entire property, not just a specific physical portion of it, but their ownership rights are limited by the extent of their share.

The shares in miteigentümerschaft are typically expressed as fractions or percentages. For instance, two individuals might own a property as miteigentümer with a 50/50 share each. This form of ownership is common in various legal systems and can arise through various means, such as inheritance, purchase by multiple parties, or as a result of a divorce settlement.

Each miteigentümer has the right to sell, transfer, or mortgage their individual share without the consent of the other co-owners, although such actions might be subject to pre-existing agreements or legal provisions. Disagreements among co-owners regarding the use, management, or sale of the property can lead to legal disputes, often requiring a partition action to divide the property or sell it and distribute the proceeds according to each owner's share. The specific rights and obligations of miteigentümer are usually governed by the relevant property laws of the jurisdiction.