Wspówasno

Współwłasność refers to a legal concept in Polish law concerning the ownership of property by more than one person. It signifies a situation where multiple individuals hold rights to the same item, whether it be real estate, movable property, or other assets. This shared ownership can arise through various means, such as inheritance, purchase, or gift.

There are two primary forms of współwłasność recognized in Polish jurisprudence. The first is współwłasność łączna, which is typically associated with marital property. In this form, the ownership rights are indivisible and belong to the co-owners jointly, without specific shares. The second form is współwłasność ułamkowa, where each co-owner possesses a defined, ideal share of the property. These shares can be unequal, and each co-owner has the right to use and benefit from the property in proportion to their share, as well as the right to dispose of their share independently.

The management and use of property held in współwłasność ułamkowa are governed by specific rules. Generally, ordinary acts of management require the consent of co-owners whose shares exceed half of the total ownership. Extraordinary acts, such as significant alterations or sale of the property, necessitate the consent of all co-owners. If agreement cannot be reached, any co-owner can petition a court to resolve the matter, which may involve dividing the property or ordering its sale.