Co-ownership of residential property in Bosnia and Herzegovina most commonly arises from inheritance, divorce, or joint purchase. While shared ownership can function smoothly, difficulties occur when co-owners have conflicting interests.
Co-ownership exists when two or more persons share ownership rights over the same property. Shares may be equal or unequal. Each co-owner has the right to use the property according to their share, participate in decisions, and dispose of their share.
However, no co-owner can unilaterally make decisions affecting the entire property. If agreement cannot be reached, possible options include:
– drafting a written agreement,
– seeking legal assistance,
– initiating judicial partition.
In most cases, an apartment cannot be physically divided. The law allows:
– sale of the apartment and division of proceeds,
– civil partition (one co-owner buys out the others).
If one co-owner blocks agreement, it is possible to:
– request judicial partition,
– initiate proceedings for disturbance of possession,
– seek compensation for damages.
💬 FAQ
1. Can I sell my co-ownership share without consent of other co-owners?
Yes — a co-owner may dispose of their share independently.
2. What if another co-owner lives in the property and prevents me from using it?
You may seek legal protection of possession or request judicial partition.
📞 Contact
Email: ana@raguzlegal.ba
Phone: +387 63 413 147
