Ühisomandis

Ühisomandis, in English commonly translated as joint ownership, is a form of property ownership in which two or more persons own a single thing together without dividing it into separate parts. Each co-owner holds an undivided share of the entire property, and no owner has an exclusive right to a specific portion unless otherwise agreed. Use and possession are shared among the co-owners.

Ühisomandis typically arises by agreement, inheritance, gift, or court decision. It is common with real estate purchased by several people, with inherited estates divided among heirs, or in certain business arrangements. Co-owners may be natural persons or legal entities.

Rights and obligations of co-owners include the ability to use the property and to share in its profits and burdens in proportion to their shares. Decisions that affect the property, such as significant repairs, mortgages, or sale, generally require coordination and consensus among the co-owners. Each owner remains responsible for their share of ongoing costs like taxes or maintenance, and misunderstandings about duties can lead to disputes.

Dissolution of ühisomandis can occur through partition (jaotus) or judicial sale, after which the property is divided or sold and the proceeds distributed according to the owners’ shares. To avoid conflicts, it is common for co-owners to establish a written agreement detailing maintenance responsibilities, decision-making procedures, and procedures for selling or partitioning the property.

In practice, ühisomandis is a widely used and legally recognized form of shared property ownership, applicable to various kinds of assets beyond real estate.