The difference may seem subtle, but they are two distinct concepts.

Co-ownership refers to a situation where multiple people own a property together, but each has a specific, well-defined share of ownership. For example, if two friends buy a house in equal shares, they are co-owners with specific shares (50%).

Community, on the other hand, refers to a property regime in which an asset is shared by multiple people without well-defined individual shares, and each co-owner has the right to use and enjoy the entire thing. Community can be legal (such as that between spouses) or voluntary, and often occurs in the context of marriage or inheritance.

Ways to resolve or dissolve co-ownership, depending on your needs and circumstances.

Here are some:

1. Sale of the asset: all co-owners can decide to sell the common asset and divide the proceeds according to their respective shares. This is the most common and simple method.
2. Agreement between co-owners: they can reach an agreement to modify the shares, use the property in a shared way or establish other management methods.
3. Judicial division: if the co-owners cannot reach an agreement, one of them can ask the court to divide the property. The judge can decide to physically divide the property (if possible) or to assign it to one of the co-owners and compensate the others with compensation.
4. Usufruct or concession: in some cases, an exclusive use of a part of the property can be established in favor of one of the co-owners, leaving the others the right of usufruct or to receive compensation.
5. Purchase of shares: a co-owner can decide to purchase the shares of the others, thus becoming the sole owner of the property.

Here are the main ways to dissolve communion.

1. Agreement between the communists: all the subjects involved can decide to end the communion and establish how to divide or assign the property, perhaps through a written agreement.
2. Judicial division: if an agreement cannot be reached, one or more communists can apply to the court to request the division of the property. The judge can decide to physically divide the property, if possible, or to assign it to one of them with compensation to the others.
3. Sale of the property: another solution is to put the common property up for sale and divide the proceeds among the communists, thus dissolving the communion.
4. Assignment of the property to one of the communists: if one of the subjects has a particular interest or specific needs, he can ask to be assigned the property, possibly paying a sum to the others.
5. Renouncing communion: if all communists agree, they can also renounce communion and transform it into the exclusive property of one of them or of other subjects.

Avv. Doris Reichel