Owner and co-owner of an apartment — what is the difference and what rights do they have.

At first glance, it seems that 'owner' and 'co-owner' are almost synonyms. But in reality, there is a legal chasm between these concepts, which has even more significance in 2025. After all, the status not only affects the right to manage the apartment but also the possibility to sell, rent it out, or even register someone in it.

The News.LIVE editorial team explains the key difference between an owner and a co-owner, what rights each has, and how not to lose control over real estate due to negligence.

Who is the owner of the apartment

The owner is a person who has full and sole rights to the apartment. This means that he or she:

• can independently sell, gift, rent out, or bequeath the property;
• has the right to register other individuals in the apartment;
• uses the premises without hindrance, changes its designation (if it does not contradict the law);
• is responsible for paying utility bills and taxes.

In 2025, these rules remain unchanged — exclusive ownership rights are confirmed by an extract from the State Register of Property Rights.

Who is considered a co-owner

A co-owner is a person who owns a share of the apartment jointly with others. And here lies the main question: what type of ownership is established? There are two types:

• joint ownership — without defining shares. For example, property of spouses;
• shared ownership — with clearly defined shares (for example, 1/2, 1/3, etc.).

Currently, notaries increasingly insist on precisely defining shares even in married couples to avoid future legal disputes.

What rights does a co-owner have

A co-owner has the right to use the apartment, but with limitations:

1. Cannot sell their share without the consent of the other co-owners — they have the preemptive right of purchase.
2. To rent out the apartment, carry out repairs, or make alterations, the consent of all co-owners is needed.
3. When selling, the co-owner must notify the others in writing of their intention and offer to buy them out.

In the case of joint ownership without defined shares, neither co-owner can do anything without the consent of the other.

How to check your status

To know exactly whether you are an owner or co-owner, in 2025 it is easiest to:

• order an electronic extract from the State Register of Property Rights through Diia or a notary;
• check for the presence of a purchase-sale, gift, inheritance contract, etc.;
• if the property was acquired in marriage — check whether it is registered as joint ownership;
• consult a lawyer or notary if there are doubts.

Who decides how to use the apartment

This depends on the form of ownership. In full ownership — only the owner makes decisions. In shared ownership — each co-owner has the right to proportional use of the premises, and disputed issues are resolved either by consent or through the court.

For example, if there are 3 rooms in an apartment and three co-owners with equal shares, then each has the right to use one room.

What changes due to repairs or renovations

Without the written consent of all co-owners, it is not allowed to change the layout, carry out major repairs, or extensions, even if one co-owner insists on it.

Violating these rules can serve as grounds for contesting actions in court and even for claiming compensation.

Can a co-owner deregister another

A co-owner does not have the right to independently deregister another registered co-owner, experts from the Flombu.com platform note. This requires a decision from the registered individual themselves or a court ruling if the person is not actually living there or has lost the right to use it.

Can you become a full owner

There are several options:

1. Buy out the shares of other co-owners.
2. Conclude a gift contract for a share in your favor.
3. Agree on the distribution of property with subsequent formalization of separate ownership documents.

Notaries advise to document such agreements in writing to avoid future disputes.

What else should Ukrainians know

During a divorce, a joint apartment often turns from a home into a bone of contention. In 2025, the issue of dividing housing between former spouses remains complex both legally and emotionally.

We also shared that registration does not confer ownership rights. However, despite this, the registration of an outsider in your apartment still carries certain risks, especially considering the digitization of services, martial law, and new approaches to protecting owners' rights.

The submitted news is written in a simple and accessible manner. It explains the important distinctions between the concepts of 'owner' and 'co-owner', reveals the rights of each, and provides advice on avoiding possible situations that could lead to a loss of control over real estate. The text helps citizens understand their rights and responsibilities in the field of real estate ownership.