Can I sell my share of a flat without the other co-owners' consent? Yes, but the other co-owners have a right of first refusal. First send them a written offer with the price and terms; if they do not accept within 10 days of delivery, you can sell the share to a third party.
Many flats and houses in Montenegro have more than one owner. Heirs, siblings, former spouses or friends who bought together are registered as co-owners, and that is where the questions start. Local searches confirm it: "suvlasništvo" (co-ownership) is followed by "kuće" (of a house), "stana" (of a flat) and "suvlasništvo i zajedničko vlasništvo" (co-ownership and joint ownership), "prodaja suvlasničkog dijela" (selling a co-ownership share) by "nekretnine" (property), "stana", "kuće" and "zemljišta" (land), and "pravo preče kupovine" (right of first refusal) most often by "zakon" (law), "suvlasnika" (of co-owners), "kuće" and "stana".
This article explains the difference between co-ownership in shares and joint ownership, how to sell a share so that the sale cannot be annulled, what one co-owner can do alone and what needs everyone's consent, how to leave co-ownership, and what it costs.
Co-ownership and joint ownership are not the same
The Law on Property Relations distinguishes two forms of ownership by several people of the same thing:
| Question | Co-ownership in shares (susvojina) | Joint ownership (zajednička svojina) |
| Each owner's part | Defined in proportion to the whole, for example 1/2 or 1/3 | Determinable, but not defined in advance |
| Registration in the cadastre | By shares, expressed as fractions | In the names of all, marked as joint ownership |
| Disposing of your own part | A co-owner can do it alone, subject to the others' right of first refusal | Disposal needs the consent of all joint owners |
If it is unclear which form applies, co-ownership in shares is presumed. If the shares are not defined, they are presumed to be equal. Joint owners can agree on their shares at any time, and if they do not agree, each can ask a court to determine them. Which form you have and how large your share is can be seen in the title extract; how to read it is explained in our article on the title extract.
Selling a share: offer it to the others first
A co-owner may dispose of their share without the consent of the other co-owners. But in the case of a sale, the other co-owners have a right of first refusal. The law also sets the deadline: if a co-owner does not accept a written offer to buy the share within 10 days of the day it was delivered, the seller may sell the share to a third party.
The Law on Obligations adds the consequence: people with a statutory right of first refusal must be notified in writing of the intended sale and its terms, otherwise they have the right to demand that the sale be annulled. A statutory right of first refusal is not limited in time, and the rules on the contractual right apply accordingly: if ownership was transferred without notice and the buyer knew or must have known about the right, the co-owner may, within six months of learning of the transfer, ask for the transfer to be annulled and for the share to be transferred to them on the same terms, and this right expires in any case five years after the transfer.
| Step | What to do | Why |
| 1 | A written offer to each co-owner, with the price and terms of sale | The law requires written notice of the sale and its terms |
| 2 | Delivery in a way that proves the date, for example registered mail with a return receipt | The 10 days run from delivery |
| 3 | Wait for the 10 days to pass | Until then a co-owner can accept the offer |
| 4 | The contract with the buyer at a notary, as a notarial deed | Transactions transferring ownership of real estate without that form have no legal effect |
| 5 | The buyer's tax return within 15 days | The buyer pays transfer tax on the share bought |
The law ties the right of first refusal to a sale. What the contract itself looks like and what a notary charges is covered in our article on the purchase contract at a notary.
What one co-owner can do, and what needs everyone
A buyer of a share becomes a co-owner with the same rights and obligations as the previous one. Each co-owner may hold and use the property together with the others, in proportion to their share and without infringing their rights. For decisions, the law requires different levels of consent:
| Decision | Consent required |
| Ordinary management and maintenance | Co-owners whose shares together make up more than half the value |
| How the property is used, appointing and dismissing a manager | More than half the value |
| Urgent and necessary work to preserve the property | Any co-owner alone |
| Selling the whole property, changing its use, letting the whole property | All co-owners |
| A mortgage on the whole property, major repairs, extensions, adding a storey, conversions | All co-owners |
| A mortgage on your own share only | The co-owner alone |
If consent is not reached, any co-owner may ask a court to decide. The co-owners bear the costs of use, management and maintenance in proportion to their shares, and share income, such as rent, in the same proportion. That is why one co-owner cannot let the whole flat alone; the rules on letting are covered in our article on renting out an apartment.
Division: how to leave co-ownership
Every co-owner has the right to demand division at any time, except at a time when division would harm the other co-owners. This right does not lapse, and a contract by which a co-owner permanently waives division is void. Co-owners may unanimously agree not to seek division for up to five years.
- Division by agreement. The co-owners agree, and the contract dividing real estate is made in writing at a notary.
- Division by a court. Without agreement, any co-owner may ask a court for division in non-contentious proceedings.
- Physical division, where possible: each receives a part matching their share, and differences are settled in money.
- Allocation to one co-owner. If physical division is not possible or would noticeably reduce the value, the court may decide that the property goes to one co-owner, who pays the others the value of their shares; until they are paid, they hold a lien on the property.
- Public sale. If that is not a solution either, the court orders a sale and the money is divided in proportion to the shares.
The co-owners bear the costs of division in proportion to their shares, unless they agree otherwise. When the co-owners are heirs, an agreement on division can already be included in the inheritance decision; the procedure is covered in our article on inheritance and probate.
Tax and notary fees
Transfer tax. When a co-ownership share is acquired, each acquirer is liable in proportion to their share, and the base is the market value of the share acquired. The rates are 3% up to 150,000 €, then 4,500 € + 5% on the amount above 150,000 €. On the end of co-ownership or on division, a person acquiring a separate part pays no tax up to the value of their previous share; tax is paid only on what they acquire above it. If two co-owners with 1/2 each divide a flat worth 120,000 € and one takes it all, tax is paid on 60,000 €, which is 1,800 €. The return is filed within 15 days. The details are in our article on property transfer tax.
Notary. Under the 2026 tariff, the fee for a notarial deed depends on the value of the subject matter: for the sale of half of a flat worth 50,000 € it is 350 €, plus VAT. For a division, the base is the value of all the property being divided, so for a flat worth 100,000 € the fee is 480 €, plus VAT. The notary uses market value if the stated price is lower.
A short checklist by situation
| Situation | What the law requires |
| I am selling my share | A written offer to the other co-owners and 10 days' wait |
| We are selling the whole flat | Signatures of all co-owners or their attorneys |
| I want to let the whole flat | The consent of all co-owners |
| The roof leaks and needs an urgent repair | Any co-owner can act alone |
| I want a mortgage on my share | I can do it alone; the whole property needs everyone's consent |
| I want to leave co-ownership | Division by agreement at a notary or by a court |
Once there is agreement and the whole property is sold, the process from pricing to handover is covered in our guide to selling an apartment, and you can post a listing in our real estate category.
Frequently asked questions
What if I sell my share without offering it to the co-owners? A co-owner who was not notified in writing of the sale and its terms can demand that the sale be annulled. Under the rules that apply accordingly, the deadline is six months from learning of the transfer, and at the latest five years from the transfer.
Can one co-owner let the flat? Not the whole flat. Letting the whole property goes beyond ordinary management and needs the consent of all co-owners; without it, a court decision can be sought.
How is a co-owned house or flat divided? By agreement, with a division contract at a notary, or by a court. A court divides physically where possible; if not, it allocates the property to one co-owner who pays the others, or orders a public sale.
Is tax paid when one co-owner takes over another's share? Yes, on what they acquire above their previous share. Up to the value of their own share, on division or the end of co-ownership, no transfer tax is paid.
Can a co-owner put a mortgage on their share? A co-owner can pledge their own share alone. A mortgage on the whole property needs the consent of all co-owners.
Sources
Co-ownership, joint ownership, the co-owners' right of first refusal and division are governed by the Law on Property Relations (Official Gazette of Montenegro 19/2009, articles 131 to 160 and 313; the amendment in Official Gazette of Montenegro 29/2025 does not concern these rules). The consequences of missing notice come from the Law on Obligations (articles 536, 541 and 542), registration by fractions from articles 75 and 76 of the Law on State Survey and Real Estate Cadastre, and the notarial deed requirement from article 52 of the Law on Notaries. The tax is governed by the Law on Real Estate Transfer Tax (articles 7, 9, 11, 12 and 16), and notary fees by the Tariff on Fees and Expenses of Notaries (Official Gazette of Montenegro 49/2026, articles 5 and 6 and tariff number 1). Fijaka is a listings platform and does not give legal advice; for a specific property, consult a notary or a lawyer.