Współwłasność nieruchomości - prawa i obowiązki współwłaścicieli

Quick contact with the law firm +695 560 425, https://kancelaria-klisz.pl/, Email: [email protected] 📎You can find the fundraiser for Nikola's rehabilitation here: ❤️ https://www.siepomaga.pl/nicol-dembna Co-ownership of real estate – rights and obligations in practice Co-ownership of real estate most often arises in inheritance, gifting, or purchases with other people. It grants rights to the entire property, but also imposes obligations to the co-owners and authorities. This is a source of many questions and disputes – so it's worth knowing the basic rules. 1. What is co-ownership in fractional shares? Each co-owner has a share (e.g., 1/2, 1/6, 1/84), which does not represent a physical part of the apartment, but rather the right to the entire property. Even the smallest share grants access and the ability to use it. Differences arise in the costs and benefits – these are calculated proportionally to their shares. 2. Use and Access to the Property Each co-owner has the right to co-ownership – keys, access, and use. If someone is excluded (e.g., a brother "occupies" the entire apartment and does not allow others in), they can demand permission to use the property and compensation for the unlawful exclusion. 3. Disposal of Shares and Termination of Co-Ownership A share can be sold, donated, or exchanged – without the consent of the other owners. If co-ownership becomes burdensome, each person has the right to demand its termination or division of the estate – with the option of awarding the entire property to one owner with payment from the others, or selling it and splitting the price. 4. Maintenance Costs All co-owners must contribute to maintenance costs proportionally to their shares. This means that even those who do not live in the property must contribute to renovations, taxes, and ongoing repairs. 5. Ordinary Management and Activities Beyond Ordinary Management Ordinary management (e.g., painting, roof repairs, window replacement) requires the consent of the majority of the shareholders. Activities beyond ordinary management (e.g., reconstruction, new installations, insulation) require unanimous consent – ​​the consent of all co-owners, even those with a minimal share. In the event of a dispute, the court will decide. 6. Taxes and Fees Co-owners are jointly and severally liable for property tax and community rent. This means that the municipality or community may demand the entire amount from one person. Anyone who pays for others has the right of recourse – meaning they can demand a proportional refund from the others. 7. Utility Fees Regular fees (e.g., for district heating) are charged to all co-owners. Consumption costs (electricity, water, gas) should be borne by the actual user – although in practice, they are often settled on a share-by-share basis, unless the parties have agreed otherwise. 8. Income from Real Estate Leasing an apartment requires the consent of all co-owners. Rent is divided proportionally to the shares – never "equally per head." Whoever has half the share receives half the rent. 9. Quoad Usum Division This is a practical arrangement where each co-owner uses a separate portion of the property (e.g., ground floor vs. first floor). Ownership formally remains joint, but costs are incurred for actual use. Division does not include common areas (e.g., staircase, roof). 10. Claims and Settlements When dividing an estate or terminating joint ownership, the court may settle expenses, maintenance costs, benefits, or compensation for exclusion from possession. Statute of limitations periods are important – generally, they are six years. Therefore, it is sometimes better to file a claim for payment sooner rather than wait for the division. TABLE OF CONTENTS: 00:00 Introduction 02:00 Fractional Joint Ownership – What Is It? 03:24 The Right to Use Real Estate 04:40 The Right to Dispose of a Share and the Right to Request the Termination of Joint Ownership 05:27 The Obligation to Maintain Real Estate 07:59 Ordinary Management Acts and Acts Beyond Ordinary Management 11:08 Who Pays Real Estate Tax in the Case of Unequal Joint Ownership? 12:14 Joint Ownership and Rent or Utility Fees 13:24 Income from Common Property 15:00 What Is Quod Usum Division? 17:08 Division of Inheritance CONTACT: https://prawo-spadkowe-wroclaw.pl/ Law Firm Wrocław - Anna Klisz - Inheritance and Real Estate Law Address: ul. Kazimierza Wielkiego 1, 50-077 Wrocław Phone: +48 693 787 806 Email: [email protected] I also handle cases in: WARSAW: http://prawo-spadkowe-warszawa.pl/ KRAKOW - https://prawo-spadkowe-krakow.pl/ POZNAŃ - https://prawo-spadkowe-poznan.pl/ KATOWICE - https://prawo-spadkowe-katowice.pl/ GDAŃSK - https://prawo-spadkowe-gdansk.pl/ BYDGOSZCZ - https://prawo-spadkowe-bydgoszcz.pl/ #prawo-spadkowewrocław #prawo-spadkowepoznań #prawo-spadkowekatowice #prawo-spadkowegdańsk #prawo-spadkowewarszawa