At all times, there have been disputes and conflicts between people over the possession and use of material goods and services. The basis of any system of economic relations is property. The nature of the exchange, consumption and distribution also depend on the type of property that exists. When buying an apartment or when exchanging it is very important to know what kind of property is involved. What types of ownership of an apartment exist, we will consider further. And also what is their feature.
Types of Property Ownership
First, find out what applies to real estate. These are objects whose location cannot be changed. The owner exercises his right to dispose of the property at the location of the property.
There are such types of real estate:
- State . The owner is the state or its subjects.
- Collective . The owner is the local government.
- Private A full owner is an individual or legal entity.
According to the legislation of the Russian Federation, a citizen can have an unlimited number of objects of ownership, and there is also no restriction on their value. All private property must be registered. It is subject to immunity.
Types of ownership of an apartment
The owner of the apartment may be:
- State or municipality. That is, this includes the municipal authorities, committees for the management of state property.
- Private person. The apartment belongs to the family or one individual. Private property is divided into:
- Individual.
- Collective.
- Share.
- General shared and joint.
How to acquire housing in private ownership
There are several ways to purchase housing:
- Through the contract of sale.
- Living space can be inherited or donated.
- You can buy a house or apartment from an individual developer or in any housing construction.
- Through participation in a housing construction cooperative or condominiums.
- By privatizing housing, which refers to housing stock.
The type of property when buying an apartment is of great importance. Consider what constitute joint and shared ownership and what are their distinguishing features.
Joint ownership
An apartment that is acquired during marriage and executed for one of the spouses, since the owner of the property can be only one, rightfully belongs to both. The documents may not be marked wife, children. But all property acquired in a marriage is considered common and belongs to both spouses on equal terms.
An exception may be a provision that is included in a marriage contract by prior decision of both parties. It indicates the conditions for the disposal of the apartment, regardless of how much money was invested in it and when it was acquired. A marriage contract can be concluded not only before marriage, but also during cohabitation.
Joint ownership is the ownership of the territory on an equal footing and it is unacceptable to conduct property transactions without allocation of shares. Namely , when transferring from the ownership of one person to another, it is necessary to establish the share of each owner.
Features of the sale of joint ownership
I would like to note that even after the couple divorced and did not sell the apartment, property rights remain. How types of joint ownership of an apartment affect the sale, we will consider further.
If one of the former spouses wants to sell or exchange an apartment, he will need the consent of the former spouse.
When selling an apartment, you must obtain the permission of all co-owners. If the spouse is not one of them, additional consent is still required from him.
When drawing up a contract of sale, the parties are:
- The owners.
- Buyer.
- You can use the services of a proxy, a person who, by proxy, has the right to represent one of the parties.
After drawing up the contract, you must contact the cadastre and cartography department in order to register the transaction.
Share in apartment ownership
Types of shared ownership of the apartment:
- Fractional.
- Total shared.
With this form of ownership, the share of each apartment owner is determined. It can be equal parts or not. This happens if one of the owners made a greater contribution when buying or repairing. Repair, reconstruction, as well as disposal of property should occur by mutual agreement of the owners. If such agreement is not reached, it shall be rendered by the court.
Shares in housing can be real and ideal. The real share implies separate housing and a separate entrance. Accordingly, this is possible only in a private house. In the case of multi-unit housing, shares can only be ideal.
It is often difficult to single out a real or ideal share, since there is a discrepancy between incomes, investments and many other nuances.
If one of the owners decides to sell his part or donate, he will not be able to do this without the consent of the other owners. Interest holders have the advantage of buying an outside portion of the property they sell.
Proof of joint ownership of an apartment
First of all, there should be the following documents:
- Certificate of registration of marriage.
- Passports of wife and husband.
- Documents confirming the birth of a child.
- Marriage contract, if any.
And also confirmation are:
- Certificate of ownership or warrant.
- Legislative acts.
- References, contracts, receipts.
- Payment of a share, if it is participation in shared construction.
- Contribution of equity.
- Contribution.
All operations must be documented.
Tax deduction
According to the legislation of the Russian Federation, from January 1, 2014, if you purchased housing in joint ownership in 2014, you have the right to use a tax deduction in the amount of actual expenses incurred to purchase a home, but not more than 2,000,000 rubles. All owners have this right, regardless of the type of ownership of the apartment.
3-NDFL (tax return form) is submitted to the tax office by each property owner, the necessary documents must also be attached. Namely:
- A taxpayer statement on the sharing of the tax deduction between co-owners, if he decided to use this right.
- Be sure to indicate the type of ownership of the apartment in the declaration. This statement does not guarantee payment to all co-owners and is not a basis for this.
For payment, you must contact the tax office in person with the co-owner of the apartment, while making a statement and submitting a 3-NDFL tax return. If the taxpayer has not performed these actions, it is considered that he did not use the deduction right.
If according to the documents the spouse is the owner of the apartment, he can apply to the tax office for a deduction without notifying the second spouse and not provide an application for the distribution of the deduction. The second spouse will need to provide a statement of distribution with the agreement of his other half.
Privatization of the apartment
Types of property subject to privatization:
- Personal property. The owner is one person.
- Fractional . Popular with the privatization of communal apartments. The exact size of the shares of each owner is required.
- Total shared. Equal shares are provided for all residents of the apartment.
- General joint. Applied to married couples and their minor children.
Privatization is one of the most popular ways to acquire housing. By law, a citizen once has the right to participate in the privatization of housing.
Types of ownership of the apartment and the conditions under which privatization is impossible:
- Housing is official, that is, state property.
- Dormitory room.
- Housing is located in a closed military camp.
- The apartment is located in a rural area and belongs to the fund of social protection institutions.
- The living area is recognized as emergency.
If a child grew up in a privatized apartment with a part drawn up for him, later on when he reaches the age of majority, he has the right to privatize other housing for free, but once.
A person who used the right to privatize housing, but then refused and returned the housing to the state, no longer has the right to free privatization.
Requirements for the privatization of housing
Before privatizing housing:
- Everyone who is registered in the apartment must give their written consent.
- Those who refuse to draw up their shares must write a written refusal.
- Housing should not be considered emergency.
Earlier we described the types of ownership of an apartment that can be privatized.
Those who privatize housing have the right to do this once.
Pros and cons of privatization
The advantages in privatization are as follows:
The apartment can be:
- To lease.
- Bequeath.
- Bail.
- Sell.
- To give.
- You can also register any person.
- It is only possible to take a privatized apartment through the courts, and the money will be returned to the owner.
The disadvantages of privatization are as follows:
- The annual housing tax is paid. It is 0.1-0.2% of the price of the apartment. The tax determines the BTI. In the future, it is planned to proceed from the market value of the apartment, this will significantly increase the amount of tax.
- Utility payments for a privatized apartment are higher than for a state.
Features of communal housing
What are the different types of property in a communal apartment? She may be:
- Individual - for each room.
- Share.
The Housing Code regulates the registration standards in a communal apartment, according to which, it is possible to register for such housing only with the consent of all co-owners. Their permission is also required to register your family members. Consent is not required only for registering your own children.
When selling, the consent of the tenants is not required if the ownership right is issued for each room.
If the entire communal apartment is the property of the co-owners, that is, each owner has their own share in the sale, the permission of each owner is required. However, I would like to note that in this case it is possible to bequeath a room without the consent of the neighbors.
You can sell a room in a communal apartment to an outsider only after the other tenants refuse to buy it. To comply with the sales procedure, it is necessary to send letters to all tenants with notification of the price and terms of sale. If there are several people who wish, and you cannot decide within three months, they can go to court and resolve this issue.
To rent a room is possible only with the permission of the neighbors.
Title documents for an apartment
What should be the ownership of the apartment, the type of necessary documents will be listed below:
- Notarized agreement on the sale, donation, exchange or lease.
- A notarized certificate of inheritance by will and by law.
- Certificate for a part of the apartment, notarized.
- The court's decision.
- Technical certificate.
- Certificate of ownership.
Having the abovementioned documents of title, a technical passport and a certificate confirming the ownership, you become the full owner of the apartment.
When purchasing a home you must use the services of trusted real estate companies. It is advisable to engage in the purchase with the help of a competent lawyer, he will help to understand all issues and will not allow you to miss important points. This will ensure a quiet life in the new apartment and eliminate unpleasant surprises.