To own property means to own it, to be able to dispose (sell, give) and use (profit).
Such a right may arise for various reasons, but must be registered with the Registration Chamber.
Russian law permits property to belong to several persons at once. Such a right is called common property. The Civil Code distinguishes two of its types.
1. Joint ownership. Most often applies to the property of the spouses, which was acquired during the marriage, unless otherwise agreed. But in this case, the husband or wife will not be able to dispose of their part on their own without allocating a share. Therefore, if possible, this form of ownership is best avoided. In the event of a divorce, this will help to avoid additional quarrels and scandals.
2. Common shared ownership. This form is much more common. If the size of the shares is not documented, then they are equal.
Common ownership arises in the following cases:
- if it is provided by law (for example, by inheritance);
- By the tribunal's decision;
- by agreement of the parties;
- for other reasons.
You should be aware that in addition to using property, owners are required to maintain it.
For example, shared ownership of an apartment also implies that the costs of utility bills, security, repairs (current and capital), taxes, insurance and others that may arise will be fully and on time. It doesn’t matter if it is used or not. Amounts will be divided into several parts.
When making significant improvements to one of the co-owners, he can count on revising the size of his share in the direction of increase. In this case, the common ownership will be changed, but only with the consent of all parties. If an agreement is not reached on a voluntary basis, then the person concerned can go to court.
Legislation allows you to dispose of your part of the property if other owners do not agree to sell the property in full. But at the same time, the requirements contained in the Civil Code of the Russian Federation must be observed.
When selling a share in the property, other owners may exercise the right of preemptive purchase. Failure to comply with such conditions will allow them to invalidate the transaction.
Common shared ownership of land has its own characteristics. Such a plot can be divided into several smaller sizes. In this case, certain conditions must be met:
- the area of new plots should not be less than the minimum established by Russian law for designated land in each specific case;
- You can divide the land only at the same time, after the division of home ownership and other buildings. If the co-owners do not come to a consensus, then this issue can be resolved in court. 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 must be remembered that common ownership assumes that the owners have a certain part of the rights and obligations to the object, but not a specific part of it (for example, a certain room in an apartment).