Possession of Jointly Owned Property

Possession of Jointly Owned Property

Members of society continuously engage in work and effort to benefit from available resources, acquire property, and address related legal matters.

When an individual becomes the owner of a property, they are legally entitled to exercise possession of it, and no other person may lawfully deprive them of it. In addition, individuals may jointly own property.

However, joint ownership may also create complications that increase the risk of legal disputes and criminal activity. One such issue is the unlawful possession of jointly owned property by a co-owner.

Legal Limits of a Co-Owner’s Possession in Joint Property

Definition of Jointly Owned Property

In some cases, an individual may not be financially able to purchase a property independently. This circumstance often leads to joint ownership with another person.

When two or more individuals own a property through shared ownership, it is considered jointly owned.

In jointly owned property, none of the co-owners may infringe upon the rights of the others. The transfer of ownership title is lawfully completed in the name of all co-owners, and each person’s ownership rights are protected under the law.

Possession of Jointly Owned Property by Co-Owners

As stated above, jointly owned property belongs to two or more individuals, and each co-owner holds a share in the property. Nevertheless, there are instances in which one co-owner, or their tenant, occupies or uses the property beyond their legal share, thereby committing an offense.

Since such conduct is considered a criminal act, the other co-owners are entitled to file a legal claim or criminal complaint against the individual in unlawful possession.

For example, if several individuals jointly purchase a three-story apartment building and each owns one floor, common areas, such as the parking spaces, hallways, and yard, are shared by all owners.

If one co-owner, without the others’ consent, uses the parking area to establish a space for raising poultry, such conduct constitutes a criminal offense involving unlawful possession of jointly owned property. In this case, the other co-owners may initiate legal proceedings because the parking area is common property and all co-owners have equal rights to its use. The law provides penalties for individuals who engage in unlawful possession or infringe upon others’ rights.

Criminal Trespass in Jointly Owned Property

One recognized crime involving jointly owned property is criminal trespass, which is governed by specific legal provisions. Co-owners may, by mutual agreement, divide and partition the property lawfully.

In some situations, individuals who have no ownership interest and are not considered co-owners unlawfully take possession of the property. In such cases, the act constitutes criminal trespass in jointly owned property, and the possessor will be legally recognized as an offender.

How to File a Complaint for Unlawful Possession of Joint Property?

Whether the unlawful possession of jointly owned property is committed by a co-owner or by a third party, such conduct is considered a criminal offense. Other owners are entitled to file a complaint against the offender.

Filing a complaint does not require the presence of all co-owners before the judicial authority. Each co-owner may independently initiate legal action against the unlawful possessor. This process requires submitting a formal petition to the competent court alleging unlawful possession of jointly owned property.

The judicial authority will review the claim, and if the allegations are substantiated, the offender will be prosecuted. It is essential to file the complaint with the legally competent judicial authority, as failure to do so may result in dismissal of the claim. Jurisdiction over this offense lies exclusively with courts, and prosecutors’ offices, and other judicial bodies do not have the authority to adjudicate such matters.

Penalties for Unlawful Possession of Jointly Owned Property

The crime of unlawful possession of jointly owned property is subject to legal prosecution and, in addition to an order for removal of possession, carries criminal penalties under the law. The prescribed punishment includes imprisonment, which may be increased upon repeated offenses.

According to the Islamic Penal Code, the term of imprisonment for this offense ranges from one month to one year. If the unlawful possession constitutes criminal trespass, the duration of imprisonment will be longer in accordance with applicable legal provisions.

Frequently Asked Questions Regarding Possession of Jointly Owned Property