Owning property means owning it, being able to dispose (sell, give) and enjoy (benefit).
Such a right may arise for different reasons, but must necessarily be registered with the Registration Chamber.
Russian law allows for the property to belong simultaneously to several people at the same time. This right is called common property. The Civil Code distinguishes two of its types.
1. Joint ownership. Most often applies to the property of spouses, which was purchased during the marriage, unless other agreements were drawn up. But in this case, the husband or wife will not be able to dispose of their share independently without allocating a share. Therefore, if possible, this form of ownership should be avoided. In the event of a divorce, this will help to avoid additional quarrels and scandals.
2. Total equity ownership. This form meets much more often. If the size of shares is not documented, then they are equal.
The common equity ownership arises in the following cases:
- if this is provided by law (for example, with inheritance);
- By the tribunal's decision;
- by agreement of the parties;
- for other reasons.
You should know that in addition to using the property, the owners must keep it.
For example, the total shared ownership of an apartmentalso implies that the costs of utility payments, security, repairs (current and capital), payment of taxes, insurance and others that may arise will be fully and timely implemented. However, it does not matter whether there is a usage or not. The sums will be divided into several parts.
When making significant improvements one of theco-owners, he can expect to reconsider the size of his stake in the direction of increase. In this case, the total equity ownership will be changed, but only if all parties agree. If the agreement is not reached on a voluntary basis, then the interested person can apply to the court.
Legislation permitspart of the property, if the other owners do not agree to sell the property completely. But at the same time, the requirements contained in the Civil Code of the Russian Federation must be met.
When selling a stake in property, other co-owners can exercise the right of pre-emption. Failure to comply with such conditions will allow them to recognize the transaction as invalid.
The common share ownership of land has its own characteristics. Such a site can be divided into a somewhat smaller size. In this case, certain conditions must be met:
- the area of new sites should not be less than the minimum established by the Russian legislation for special purpose lands in each specific case;
- you can only divide the land plotat the same time, after the division of home ownership and other buildings. If the co-owners do not come to a common opinion, then this issue can be solved in a judicial order. The legislation of the Russian Federation provides for the possibility of transferring property to one person. The rest he will have to pay monetary compensation.
When making transactions, it is necessary to remember thatthe common share ownership assumes that the owners have a certain part of the rights and obligations on the object, but not a specific part of it (for example, a certain room in the apartment).