Lexipedia

Joint ownership

Ownership of one thing by several persons together, either by shares or as a community without individual freely disposable shares.

Swiss property law distinguishes co-ownership by ideal shares from ownership in common. In co-ownership, each owner has a fractional share and may generally dispose of that share, while use and management of the thing require coordination and sometimes majority decisions. In ownership in common, the asset belongs to a legal community such as heirs or spouses under a property regime; individuals do not freely dispose of a separate share. The distinction matters for sale, partition, creditors’ rights, management expenses and land register entries.

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