Ühisomandile

Ühisomandile refers to the legal concept of joint ownership in Estonian property law. It describes a situation where two or more individuals or entities hold ownership rights over the same property. This can arise in various circumstances, such as when a property is inherited by multiple heirs or when a couple jointly purchases real estate.

There are two primary forms of ühisomandile: common ownership and shared ownership. In common ownership, each co-owner possesses an undivided share of the property, meaning they have a right to use and benefit from the entire property, not just a specific physical portion. The size of each owner's share is typically determined by law or agreement. Shared ownership, on the other hand, is less common and involves distinct, physically separated parts of a property being owned by different individuals, though the underlying structure or land might still be jointly owned.

The rights and responsibilities of co-owners under ühisomandile are generally governed by the Law of Obligations Act. These include the right to use and dispose of their share, as well as the obligation to contribute to the maintenance and expenses of the property. Disputes among co-owners regarding the use, management, or division of the property can be resolved through mutual agreement or, if necessary, through court proceedings. The division of jointly owned property can be a complex process, often requiring the consent of all parties involved or a court order.