Substitution of the expression of will by the court in case of non-communication of co-owners
Code: OBSU00051
Question
I share a house, which I use alone, with my sister. I pay my sister money for the use of the house. I want to build a small extension and need planning permission. I know my sister will not give it to me, the relationship is broken and communication is very difficult. Can I go to court? I read something about substitution of wills.
The answer
The management of the common property shall be decided by the co-owners with a majority calculated according to the amount of the shares. In the event of a tie or if no majority or agreement is reached, the court decides at the request of a co-owner. However, you must first submit your proposal to your sister as the other co-owner. Only if the other co-owner does not agree with the proposal can one of the co-owners take legal action, because only then does a conflict of opinion arise between the co-owners. If you are unable to communicate with your sister, you can use the services of a lawyer who can legally represent you in this matter.
Answer according to the current legal status valid on 06/10/2022.