Buying together and property of spouses
A home bought during marriage can be the spouses' joint property even if only one of them is entered in the land register as owner, and as a rule it is sold by both. When two people buy together, each one's share is the ideal share recorded in the land register, not who paid how much.
Spouses: whose home it is and who must agree
A home bought during marriage can be the spouses' joint property even if only one of them is recorded as owner in the land register. As a rule, such a home is sold by both.
If one spouse authorises the other to make the deal, the power of attorney must be notarised. Before the deal the notary checks whether the consent of a spouse, co-owner, guardian, court or bank is needed.
Buying together: ideal shares
When two people buy together, each one's share is set by the ideal share recorded in the land register, not by who paid how much. So agree on the shares, the loan and how costs are split before the deal.
In co-ownership you cannot sell a particular room or flat — only your ideal share, for example 1/4 of the whole property. An agreement on who uses what can be entered in the land register, and then it binds future owners too.
What an apartment ownership includes
An apartment owner owns the flat itself plus a share of the common building and land. Which other spaces belong to it — a storage room, a parking space — is shown in the land register.
Frequently asked questions
- Does my spouse have to agree to sell the flat?
- If the flat was bought during marriage it may be joint property even if it is in one name, and as a rule it is sold by both. The notary checks whether the spouse's consent is needed.
- How do two people buy a flat together?
- Each person's ideal share is entered in the land register, and that — not how much each paid — decides who owns what. Agree on shares, the loan and cost-sharing before the deal.
- Can I sell my own room in a co-owned property?
- No, you can only sell your ideal share, for example 1/4 of the whole property, not a particular room or flat.
- Who owns a flat bought during marriage in Estonia?
- It can be the joint property of both spouses, even if only one of them is recorded as owner in the land register.
This is general information, not legal advice: in a dispute, talk to a lawyer or a notary.
Sources: Notarite Koda: kinnisvaratehingud. Checked on 26 Oct 2026.
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