Can I dispose of co-owned property alone?

What the Law Says

South Korean law strictly protects co-owners’ rights in jointly held property. Disposal — including sale, gift, or mortgage — generally requires unanimous agreement among all co-owners.

Under the Civil Act, co-ownership arises when two or more persons hold undivided shares in a single property. Each co-owner holds rights over the whole property, not just a physical portion.

Section 267 of the Civil Act states that 'a co-owner may not, without the consent of the other co-owners, dispose of the co-owned property or impose any burden thereon.' This includes selling, gifting, leasing for long term, or mortgaging the property.

There is no statutory exception for majority vote or proportionate-share authority: even a co-owner holding 99% of the share cannot unilaterally dispose of the property.

However, co-owners may agree in advance — e.g., in a co-ownership agreement — to allow certain dispositions under defined conditions. Such agreements are binding only among the parties and do not override third-party protections.

Statutory Text

A co-owner may not, without the consent of the other co-owners, dispose of the co-owned property or impose any burden thereon.

— Civil Act, s.267 — Co-ownership

What to Do

Sources