ühisomandit

Ühisomand, or co-ownership, is a form of property ownership in which two or more persons own an asset jointly, each holding an undivided share in the whole property rather than a specific physical portion. The shares may be equal or unequal and are created by agreement, inheritance, or other legal processes. Because the asset remains a single unit, no owner can claim exclusive rights to a particular part unless the property is partitioned.

Co-owners have the right to use and benefit from the asset in proportion to their shares, subject to the rights of other co-owners. They are typically responsible for maintaining the property and paying its expenses and any debts associated with it, again in proportion to their shares. Major decisions that affect the asset—such as sale, encumbrance, or significant renovations—usually require consent from the co-owners or a specified majority; if the owners cannot agree, partition or sale may be pursued through a court.

Management of the property can be organized by agreement among the co-owners or by appointing a manager or administration for day-to-day affairs. A formal arrangement may set out the rights and responsibilities of each owner and the procedures for handling disputes.

Partition and dissolution occur when co-ownership becomes impractical to manage. A court may order partition, which can physically divide the asset or, more commonly for indivisible properties, order its sale and division of proceeds according to each owner’s share.

In Estonia, ühisomand is recognized in the civil law framework, particularly in real estate and inheritance contexts, with rules aimed at protecting minority interests and facilitating fair partition.