Total joint ownership can be formed only in the cases provided by law.There are two types of implementation of the above relationship.Thus, the total joint ownership may arise between spouses, as well as between the members of farming (peasant) farms.The law allows the transfer of property to a different regulatory regime.Participants established relationships using the property together (unless otherwise provided by law).Disposal of property in accordance with a mutual agreement.
Transactions on disposal of property can perform any of the participants of these relations, if it is stipulated in the agreement between them.If one of the owners to make a deal without having the powers, it may be rendered invalid as required by other parties.At the same time the party requesting the invalidation of the transaction, to prove that the party who has disposed of property, without having the authority acted on intent or gross negligence.
part of the assets in these relations are established in the case of the division of property, or select part of it (while the common ownership, for example, provides for a specific, pre-defined interests).Parts are considered equal in the case, unless otherwise provided by agreement between the parties or the law.Total joint ownership can be divided in accordance with the general rules.They are installed and secured in a legal manner.
The legislation, which operated in Russia before, to establish a regulatory regime under which the spouses to use the property.Determination of Rights enshrines in matrimonial law.At the same time there was a principle of separation of property before marriage.There was also a principle of community during the marriage, under which formed a common joint ownership.
Current legislation also provides enough opportunities to spouses in the definition of the regulatory regime disposition of property acquired together.In addition, some rules governing these relations, including in the Civil Code.
If the contract between the spouses provides otherwise, the property acquired during marriage is their joint (common) property.In the course of the marriage contract, spouses may define the status of the property.Thus, it can be assigned or shared, or split property.A specific regulatory regime extended to property received by any of the spouses in inheritance or gift during the marriage.The property of each spouse can be attributed to the joint in the event that during the marriage from the general funds or at the expense of the other spouse has significantly increased the price of the property.For example, in a house that belongs to one of the spouses has been overhauled by other investments.As a result, the cost of houses has increased significantly.It should be noted that the provision applies if the marital agreement provides otherwise.
The issue on the foreclosure on the joint property is carried out depending on whether a party liability one spouse or both.If one examines the obligation, the execution may be levied only on property located in his separate ownership, as well as in part of the marital property.
There are also cases where the parties are the obligations both spouses.This execution may be levied on property in separate ownership and the common property of both.In accordance with the terms and circumstances when deciding to use one or another regulatory regime.
