Legal Definitions - indivisum

Indivisum refers to property or assets that are owned jointly by multiple parties without being physically or legally divided into separate, exclusive shares. It signifies that the entire property is held in common, with each owner possessing an undivided interest in the whole, rather than exclusive rights to a specific portion.

Here are some examples to illustrate this concept:

• Example 1: Inherited Family Land
  Imagine three siblings who inherit a large plot of undeveloped land from their parents. Instead of subdividing the land into three smaller, distinct parcels, they decide to keep it as one single property, sharing ownership equally. They plan to make decisions about its use or potential sale together.

  How it illustrates indivisum: The land is held indivisum because no single sibling owns a specific, demarcated third of the property. Instead, each sibling has an undivided one-third interest in the entire plot of land, meaning their ownership extends across the whole property, not just a particular section.

• Example 2: Shared Business Equipment
  Two partners establish a graphic design studio and jointly purchase a high-end, specialized printing press. This press is crucial for their business operations and cannot be practically or legally split between them. Both partners contribute to its cost and share in its use and maintenance.

  How it illustrates indivisum: The printing press is held indivisum. Neither partner owns a specific part of the machine (e.g., one owns the motor, the other the frame). Instead, they both have an undivided ownership interest in the entire piece of equipment, reflecting their shared investment and use.

• Example 3: Common Areas in a Co-op Building
  Residents of a housing cooperative collectively own the entire building, including individual apartments and shared spaces like the lobby, rooftop garden, and laundry room. While residents have exclusive rights to their specific apartment units, the common areas are for everyone's use and benefit.

  How it illustrates indivisum: The lobby, rooftop garden, and laundry room are held indivisum by all the co-op members. No single resident has exclusive ownership of a particular section of these common areas. Instead, every member shares an undivided interest in the entirety of these amenities, which are managed collectively for the benefit of all.