According to article 209 of the Civil Code, the right to property - the right of ownership, use and disposal of its assets.The law allows the owner to do with his property any actions, including in its alienation.However, these actions should not be illegal, should not violate the Constitution and other laws the rights of citizens and other legal entities and individuals.
common ownership of property occurs when the property is owned by the same time two or more persons.Quite often, individuals and legal entities acquire property jointly, it is advantageous financially, or is the result of a confluence of circumstances.As a result, the issue becomes more urgent, and the legislator devotes his series of articles of the Civil Code.
According to the law, joint ownership can be shared and jointly.
Fractional ownership arises when the share of each of the participants in the property determined agreement between them or by court order.In other situations, there is joint ownership.
The Civil Code of the Russian Federation jointly owned property to in Article 253. It states that persons who own property on the right of joint ownership, manage, and own and use this property together.Other terms of the order, possession and use of property may be specified in the agreement between them.The article stressed that even if a deal is made for the disposition of property is only one of the owners of the property, it will still need to obtain consent for such a deal from all other participants in the joint property.At the same time, the participants have equal right to manage, possess and use their existing assets.But the law allows other participants of joint ownership to demand recognition of such a transaction as invalid if they prove that the participant has committed the transaction, lacking the necessary authority, and the person with whom the participant has made the transaction, he knew or at least should have been aware of this.
Most often the joint ownership of property arises spouses.If there was no marriage contract between spouses, then all things, objects and property that the husband and wife were able to acquire during the marriage will be considered as their joint property.Such property can be a variety of inexpensive items, such as tea sets, and more valuable items (appliances, furniture, vehicles).Keep in mind that the joint property of the couple will be married and acquired real estate, even if it was purchased with the money of only one spouse, such as husband and wife at the time was not working.
total joint marital property arises in the event that the property previously owned by only one of the spouses has been greatly improved in status due to material investments, such as major repairs flats.This does not count the money together for such improvements are made, or spouse put in such improvements is the money, becausemarried all funds recognized common except received as a gift or inheritance.
on such property of the spouses will be recognized as the joint property of the court decision, except if the marriage contract entered into by the spouses before the court decision, will provide for a different mode of such property.
It should be remembered that ownership occurs in only one of the spouses on the following things, objects, other movable and immovable property:
- which he had owned before the marriage.If it is movable property, it is desirable to have checks and receipts proving the date of acquisition;
- belongings, which were obtained spouse in marriage as a gift or inheritance.Such gifts, it is desirable to issue a notary, except in the event of a dispute about the ownership of these things, the court will be difficult to prove that they actually were given only to the husband or wife only;
- property which is the subject of personal use, such as a toothbrush.It should be remembered that the exception to this rule will be jewelry and luxury goods;
- and the last thing to be considered the property of only one of the spouses - is the right to intellectual property.
joint share ownership between spouses occurs when the division of property that a husband and wife acquired in marriage.The property is divided into shares, which in most cases are equal.However, the court may also recognize a spouse of a large share of the joint property than a second, if it considers that it is necessary to take into account the interests of the common children under eighteen years of age, left to live with his first wife.The Court, in the division of shares, and may take into account the interests of one of the spouses.Also, the shares may be divided unevenly, based on the conditions of the marriage contract.
not only between husband and wife, but also between other participants in the joint ownership of property and possible partition allocated shares of each of the participants, or only a fraction of them.Shares in the division will be equal, but different order section shares may be provided by law or agreement concluded between the parties.
