Can I Divide My House into Separate Ownership Units If the Co-Owners Do Not Agree?

Co-Owners Cannot Agree? A Problem We Encounter More and More Often

These days, we are working on a case that once again reminded us how interpersonal relationships often have a greater impact on real estate than the documentation itself.

The case involves a house with two separate entrances and two owners. At first glance, everything seems simple. Each party has been using their part of the property for years, and most people would have no difficulty determining which part belongs to which owner. However, when the time comes to officially divide the house into separate ownership units, things can become much more complicated.

One House, Two Entrances, and Two Different Views of the Same Solution

In this particular case, one side believes the division is clear and that the process should proceed without major obstacles. The other side does not agree with the proposed solution. Although both parties have been using their respective parts of the property for years, disagreements are slowing down the entire process.

Such situations are not uncommon, especially in old town centres where properties have been passed down through generations and the actual use of the property was often never officially documented.

Perhaps the most interesting aspect is that similar properties functioned without major issues a few decades ago. People shared courtyards, passageways, storage areas, and common spaces because the most important thing was that everyone had a place to live. Today, real estate represents a significant asset, ownership relationships must be clearly defined, and disputes between co-owners are increasingly becoming the cause of lengthy procedures.

How Does the Process Work When Everyone Agrees?

When co-owners agree, the process is generally simpler and faster.

The first step is to define the functional units that will belong to each owner. If the surrounding land is also being divided, it is necessary to determine which part of the land belongs to each apartment or section of the house. In such cases, a cadastral survey is carried out to ensure that the actual situation on the ground corresponds to the official documentation.

After that, the necessary documentation is prepared, and a partition agreement is signed, clearly defining which parts belong to which owner. When there is cooperation among co-owners, the entire process can usually be completed without major obstacles.

Cadastral Survey and Division of the Yard

For many houses, the challenge is not only dividing the living space but also dividing courtyards, access roads, terraces, gardens, or parking spaces.

This is why a cadastral survey is often an important step, as it helps clearly define usage boundaries and future ownership rights.

When Disagreements Become a Bigger Problem Than the Property Itself

In practice, it often turns out that the technical side of the process is not the greatest challenge. The larger issue is usually differing expectations among co-owners, unresolved relationships from the past, or simply a lack of communication.

As a result, a process that could otherwise be relatively straightforward turns into a lengthy effort to resolve disagreements.

What Happens When the Co-Owners Cannot Reach an Agreement?

When co-owners are unable to reach an agreement, the situation becomes considerably more complex.

In such cases, the division of shared ownership is often discussed as one possible way of resolving ownership relations. The goal of such a procedure is to find a long-term solution that clearly defines the rights and responsibilities of everyone involved.

If no agreement can be reached during attempts to resolve ownership issues, the matter may ultimately end up in court. Such proceedings require additional time, costs, and involvement from all parties, which is why an amicable solution is almost always the more favourable option.

A Possible Solution When Agreement Is Not Possible

When agreement among co-owners is not possible, resolving shared ownership often becomes one of the available options. Every property has its own specific circumstances, and the possible solutions depend on the documentation, the actual situation on the ground, and the relationship between the co-owners.

For this reason, it is important to carefully review all circumstances and available options before making any decisions.

Can a Share of a Property Be Sold?

Yes. However, in practice, selling a co-owner's share of a property is often much more difficult than selling a property with fully resolved ownership relations.

A new buyer enters into an ownership relationship with people they do not know, and there may be many unresolved issues — from the use of shared land and common areas to future investments and property maintenance.

This is why co-ownership agreements, clear arrangements regarding property use, and properly regulated ownership relations are always beneficial, as they provide buyers with greater security and clarity.

Why Is Reaching an Agreement Almost Always the Best Solution?

Regardless of the available options, experience has shown us that time, costs, and energy are almost always lower when a solution is reached through mutual agreement.

That is why the old saying still holds true: sometimes it is better to be on good terms with your neighbour than with your brother, especially when you share the same courtyard, access road, or house.

Conclusion

Every property and every co-ownership relationship has its own unique circumstances. Before making any decisions, it is necessary to review the documentation, assess the actual situation on the ground, and consider the options available in the specific case.

Very often, issues related to shared ownership are connected to building permits, property documentation, or even the legalisation of structures. If you are unsure whether your property's documentation reflects its actual condition, we recommend reading our guide on property legalisation in Croatia.

If you are dealing with shared ownership, dividing a property, or disagreements between co-owners, we can help you understand your options and guide you through the process.

Very often, an initial consultation and a review of the documentation can help identify a solution before the situation becomes a lengthy and costly problem.

For more information, contact us at:

info@marvel-nekretnine.hr