My sister lives rent-free in our co-owned flat: can I get more than my share when it is sold?

Answer by the AvoConsulte editorial team

You are co-owners in undivided shares: each of you has a right over the whole flat in proportion to your share, and the shares are presumed equal unless shown otherwise. You can claim something in return for your sister's use of your share, but the law does not grant it automatically: if you cannot agree, the court decides.

What the Real Rights Code says

• Each co-owner may use the common property in proportion to their right, without preventing the others from using it (article 58).
• A co-owner who collects income from the common property must account to the others for anything above their own share (article 61).
• Each co-owner bears the charges of the common property in proportion to their share (article 65), so the charges your sister paid can be credited to her.

The Code does not expressly provide compensation when one co-owner occupies the whole property, so a claim rests on these articles and on your evidence, and the amount is for the court to assess.

Ending the co-ownership

• No one can be forced to remain a co-owner; any co-owner can ask for partition (article 71).
• By agreement: you can agree to sell and split the price, or for your sister to buy your share, settling the accounts between you. The agreement must be in writing (article 116).
• In court: the court of first instance hears partition claims (article 117). If the flat cannot be divided in kind, the judge orders a sale by auction and the price is shared according to the shares (article 120).

What to gather

• the gift deed and the title certificate showing the shares;
• any record of what you asked your sister for, and proof of the charges each of you paid;
• if possible, an estimate of the rent for a similar flat.

Try for a written agreement first; if that fails, see a lawyer before going to court, who can assess your chances of compensation and the accounts between you.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. Code des droits réels – De l'indivision, dispositions générales (art. 56 à 71) Jurisite Tunisie
2. Code des droits réels – Du partage, dispositions communes (art. 116 à 130) Jurisite Tunisie