The priority of minor co-owner during the settlement of co-ownership

(Decision of the Supreme Court of the SR from 31.3.2016)

The petitioner, co-owner of family house (co-ownership interest of ½), demanded the dissolution of the co-ownership and ordering the house to his ownership. The petitioner intended to use the house for his under-aged son. The petitioner was indebted and intended to borrow money from his relatives.

The court decided against the petitioner and ordered the house to one of the defendants, a minor co-owner (co-ownership interest of ¼). This minor co-owner had his own funds to compensate the other co-owners. Moreover, they intended to provide better access road to other real estate.

According to the court, the co-owner who will use the estate directly shall be favored when ordering the real estate. This precedes even the use of real estate by another co-owner´s close person (in this case the petitioner´s son). At the same time, the court takes into account real capability of the co-owner to compensate the other co-owners.