Co-ownership disputes in Lithuania arise when two or more people own one property and stop agreeing on it — heirs living in different countries, former partners, friends who bought together. This page covers those disputes and ending co-ownership (joint or shared ownership) of a flat, a house or land. Lithuanian law calls it bendroji nuosavybė (common ownership); in its usual form, bendroji dalinė nuosavybė, each bendraturtis (co-owner) holds a share, and leaving it is called atidalijimas — separating one's share. Some older lists and lawyer pages call this service “Co-ownership Termination”.
Two kinds of shared ownership
Shares are typical for heirs and for people who bought together; heirs often become co-owners through an inheritance. Spouses usually hold what they acquired during the marriage as bendroji jungtinė nuosavybė — joint property without fixed shares, divided when the marriage ends, which is covered under distribution of marital assets.
How co-owners usually part ways
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Agreement. The co-owners decide who keeps what, who buys whom out, or to sell together, and sign before a notary.
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Selling a share. A co-owner may sell a share, but the others have a pirmumo teisė (pre-emption right) to buy it on the same terms before an outsider, and are told of the offer first.
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Court partition. Without agreement, a court can divide the property in kind where that is possible without harming its use; otherwise it may leave the property to one co-owner, who pays the others compensation.
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Order of use. Co-owners who stay together can agree on naudojimosi tvarka — who uses which part and who pays which costs.
What a lawyer does
The lawyer checks the register entry and the shares, weighs the options with the client, drafts the notice to the other co-owners and the agreement, negotiates a buy-out and represents the client in court where needed — for a co-owner abroad, under a power of attorney. A sale of the whole property is handled as described under property sale, and a gain on the sale can be taxed — see capital gains tax.
Questions and answers
Can I be made to stay a co-owner?
Lithuanian law does not tie anyone to common ownership for good; a share can be sold or separated, but how that happens depends on the property and on the other owners.
Can a flat be divided between co-owners?
A flat can rarely be split into two homes, so in practice one owner keeps it and pays the other, or the co-owners agree to sell it.
A co-owner sold a share to a stranger without telling me. What can be done?
The law lets the other co-owners ask a court to put them in the buyer's place, within a short time limit, so the matter is urgent.
Who pays the costs of a shared property?
As a rule, each co-owner in proportion to the share, unless the co-owners agreed otherwise.