Co-ownership of an apartment is a common legal situation in Bosnia and Herzegovina, especially after inheritance, divorce, or joint property purchases. While many people choose joint ownership for practical reasons, problems often arise when co-owners’ interests diverge.
In this article, learn about your rights as a co-owner, how property can be divided, and what legal options exist for resolving disputes in accordance with the laws of BiH.
Co-ownership exists when two or more persons hold ownership rights to the same property, and their shares may or may not be equal. Each co-owner has the right to:
- use the apartment in accordance with their share,
- participate in decision-making regarding the management of the property,
- dispose of their share (sale, gift, inheritance).
However, no co-owner may independently make decisions affecting the entire property without the consent of the others. If co-owners cannot agree on the use of the apartment, maintenance investments, or management, they may:
- Sign a written agreement on use and expenses,
- Engage a lawyer to negotiate on their behalf,
- Request judicial partition of the co-ownership.
The best way to avoid conflict is to legally regulate mutual rights and responsibilities—even if the co-owners are family members.
As a rule, an apartment, being immovable property, cannot be physically divided among co-owners. Instead, the law provides for:
- Partition by sale (the apartment is sold and the proceeds are divided proportionally to each co-owner’s share),
- Civil partition, where one co-owner buys out the others and becomes the sole owner.
If one co-owner refuses to allow a sale, restricts use, or obstructs agreements, the other co-owner has the right to:
- request judicial partition of the co-ownership,
- file a lawsuit for disturbance of possession,
- claim damages if they are suffering losses.
A court procedure may end with the apartment being sold via public auction and the proceeds divided, if no agreement can be reached.
If you need legal advice and representation, you can contact us directly by phone (+387 62 423 413) or via email (info@partners.haracic.ba).
