own property - is to own it, to be able to dispose of (sell, donate) and use (benefit).
Such a right can arise for various reasons but must be registered at Companies House.
Russian legislation allows that property belonged simultaneously to several persons.This right is called the common property.The Civil Code provides for two of its kind.
1. Joint ownership.Most often it applied to marital property, which was acquired during the marriage, unless other arrangements were made out.But in this case the husband or wife alone without allocating a share of control over their part will not.Therefore, the possibility of such forms of ownership should be avoided.In the case of divorce, this will help avoid additional quarrels and scandals.
2. The total share ownership.This form occurs much more frequently.If the size of the share of document is not specified, then they are equal.
total share ownership occurs in the following cases:
- if it is provided by law (eg inheritance);
- by the court;
- by agreement of the parties;
- on other grounds.
should know that in addition to the use of the property, the owners are obliged to include.
example, the total share ownership to the apartment also means that the cost of utilities, security, repair (current and capital), the payment of taxes, insurance, and others that may arise will be implemented in full and on time.It does not matter, there is a use or not.The amounts will be divided into several parts.
When making significant improvements one of the co-owners, he can count on the revision of the size of their share upwards.In this case, the total share ownership will be changed, but only with the consent of all parties.If no agreement is reached on a voluntary basis, the interested party can go to court.
permitted by law to dispose of part of the property, if the other owners do not agree to sell the object completely.But it must be complied with the requirements contained in the Civil Code of the Russian Federation.
When selling a share in the property of the other co-owners may exercise the right of pre-emption.Failure to comply with these conditions will enable them to recognize the transaction invalid.
total share ownership on the ground has its own characteristics.This portion can be divided into several smaller.This should be certain conditions are met:
- area of new sites should not be less than the statutory minimum for the land earmarked in each case;
- divide the land only once, after a division of households and other buildings.If the co-owners fail to reach consensus, the matter can be resolved in court.Russian legislation provides for the transfer of property by one person.Otherwise, he will have to pay compensation.
In transactions must be remembered that the total share ownership suggests that the owners have a certain part of the rights and duties of an object, but not a specific part of it (for example, a specific room in the apartment).
