Many have their own property. It can be a car or a house, furniture, various household items and more. If we talk about the legal aspect, then by the right of ownership, as a rule, they understand the possibility of treating property as the owner wants.
It is believed that the owner can give, exchange, sell and even destroy it. Typically, the owner makes these decisions alone. Any restrictions may be provided by law. However, there are exceptions to this general rule. There are times when the owner must coordinate all his decisions with someone else.
Common ownership
Property may rightfully belong not only to one, but to two or more persons. As a rule, this is obtained with legal inheritance. In the case of a will, each item is usually transferred to a specific person. In the absence of such a document, property becomes the property of all. This is how common ownership arises.
Classification
Russian law defines two types of common ownership:
- Joint.
- Share.
In the first case, ownership is carried out on a common basis, without defining the parts of each owner. Shared ownership of a house, for example, respectively, involves a specific part for everyone. In common ownership is usually everything that is acquired by the spouses during their marriage, unless otherwise agreed between them. Property in shared ownership may be held by persons both related and not related by kinship. In order to avoid any problems in the disposal and ownership, it is advisable to maintain good relations with all parties.
Theoretical part
Not everyone understands the rule of law that governs this area of property relations. It is appropriate to quote the words of ancient Roman lawyers. They wrote that each owner has the right to share ownership of the thing as a whole. That is, he does not own a part of anything. He has a share of the right to use the thing. How is this rule expressed in practice? If in possession is 1/4 of the right of common shared ownership of the premises, the area of which is 80 square meters. m., this does not mean that in the possession of a person 20 m2. This means that a person has part of the ability to use. Under certain conditions, shared ownership may be terminated. In this case, a person can receive part of the thing for sole use. He also has the opportunity to secure the right to use this part.
Opportunities of the parties
In accordance with Art. 209 Civil Code, each owner can:
- Owning property is real.
- To use - to derive the benefit for which the thing is intended, to receive income, products, and fruits.
- To dispose - to change, sell, pledge, lease and so on.
However when common ownership apartments, their powers, a person can only realize with the consent of all the other parties to these material relations. In this case, it must be clearly understood that in the absence of approval of at least one subject, even with the smallest part of ownership, actions will be considered illegal. For example, there is shared ownership of the land on which there are fruit stands.
Four people own it in equal parts. Three of them do not want to engage in a garden and offer to lease the whole property. However, the fourth wants to work in it and process it.In this case, it will not be possible to make a decision by a majority of votes, since the land plot is shared. It will be necessary to seek a compromise. The housing code has slightly different provisions. For example, property decisions in an apartment building are decided at a general meeting of residents. Moreover, those who disagree with the majority opinion will be forced to submit to it.
Dispute resolution method
Quite often, it is not possible to reach a consensus on the use or ownership of shared property. In this case, you can go to court. At the same time, the participant in shared ownership has the opportunity to make demands for ownership or use in accordance with the size of its part. In some cases, this is not possible. Then he has the right to demand from the other parties who use and own property belonging to his part, appropriate compensation.
The court cannot make a decision obliging one or another person to agree to lease or sale. This is due to the fact that there is a "free contract". Shared property may not be sold, exchanged, leased, etc., under coercion of the parties. One of the owners may, however, dispose of the thing on their own. In this case, the principle of preemptive purchase must be observed. If the property generates income, then it shall be distributed in proportion to the existing shares, unless otherwise provided.
Improvement and maintenance costs
The costs of such a plan can be divided into several categories:
- Registration procedures, insurance.
- Maintenance or overhaul.
- Communal payments.
- Security.
- Payment of taxes and more.
All payments should be distributed among the owners in proportion to their shares. It does not matter if a person uses his part or not, he is obliged to maintain it. However, situations often arise when shared ownership is maintained at the expense of payments of not all owners — someone refuses expenses. In this case, those persons who incurred the necessary expenses may recover part of them from the evading owner. For example, citizen A. filed a lawsuit against citizen B. regarding the recovery of expenses for the maintenance of property in the amount of 5,000 rubles.
The court found that the second owner for six months did not make utility bills. These amounts were introduced by citizen A. in order to avoid blackouts, water and other things. The court considered these claims substantiated, and the claim was satisfied. However, if an expensive repair was made without the consent of the other owners, the collection requirements will not be satisfied. Such events are not included in the category of necessary and are not considered measures to maintain the premises in proper form.
Before carrying out such work, you should seek the consent of the other owners. It is best written in writing. In the event that the living space still requires repair, but there is no consensus on this issue, an act should be drawn up in the presence of all owners. If someone refused to sign it, this must be indicated on paper. After this, you need to invite experts to draw up estimates. Having these documents later in court it will be easier to prove the amount of expenses and their justification.
Inseparable Improvements
To them, for example, include extensions, new structures on the territory, perennial plantings and more. If one of the owners has agreed to such improvements, he has the opportunity to increase his share in the common law. It is worth noting that capital repairs in judicial practice do not act as inseparable improvements. Its holding does not allow to increase its share in the law. The consent of the remaining parties may be expressed in actions showing approval of the production of improvements, based on the conditions for the use of the facility.
Order
A person who has shared property can sell, donate, exchange, mortgage, bequeath, and so on. It should be remembered that this is not an disposal of part of the object. If it is supposed to conclude an agreement of exchange or sale of a share, a certain procedure must be followed.
For example, in the second case, the other parties should be notified in writing of the planned actions. In this case, the notice indicates the conditions of sale and price. If the remaining owners refuse to purchase or do not buy part of the right to own real estate within a month, and for a movable object within 10 days from the date of notification, then a person can complete a purchase and sale transaction. Notifications can be given in person (against signature) or sent by mail. Next you need to wait a month or ten days.
Special cases
If the shared property will be bequeathed, pledged or donated, then the consent of the other parties is not necessary. The transaction in these cases is recognized as legal. It should be said here that donation of a “dwarf" share in the right to an apartment in the capital is quite widespread. This is used, as a rule, for subsequent registration of a person at the place of residence.
At its core, this transaction is considered invalid, because the gift is "covered" purchase and sale. However, to prove this is very problematic. Lawyers recommend that people who have shared ownership of an apartment, if possible, sell it at the actual (real) price or buy parts from other parties in order to become the sole owner. Otherwise, you can be among the ten co-owners of living space, whose real addresses are unknown. Very often, actual residents of such premises survive, creating unbearable conditions for them and forcing them to sell their part at a lower cost.
Disorder
In the event of unlawful actions, any owner of shared ownership may demand the transfer of the obligations and rights of the buyer to themselves. To do this, you must contact the judicial authority within three months. If this deadline is missed, the lawsuit will be denied. Also, you can’t demand to declare the transaction invalid. You can only put forward a proposal to replace an unauthorized person (buyer) by one or more owners of the object.
Division of shared ownership
Disputes regarding the use of the object arise between the parties quite often. Disagreement is usually about real estate. If no agreement was reached between people who have shared ownership, then you should go to court. An appropriate action is filed with the executive body. The parties are entitled to demand the allocation of their part or division of ownership. In the first case, ownership and disposal of the object continues with those who remain within the framework of these relations. The division of shared ownership implies its complete cessation. On the example of a residential building, an allotment means the transfer to one of the owners in the sole ownership of an isolated certain part. His right to share the remaining area is terminated. As a rule, the court appoints an examination. In it, the specialist will offer several options for the section of the object. The court selects one in which the interests of all parties will be taken into account.
Establishment of use
There are cases when the allocated part does not correspond to the isolated space, and reconstruction is impossible due to the dilapidation of the building. Then the court will be forced to refuse claims on the allocation or division of property. In this case, the parties may submit an application for the appointment of the procedure for using the common object, provided that no agreement was reached between them. When it is established, each owner will be given a specific part of the object, in accordance with its share. The allocated room does not always correspond exactly to the part and may be uninsulated.In this case, the court must take into account the prevailing order of use.
Other cases
Owners may demand the allocation of their share in cash. In this case, you should know that if the part is insignificant, the person does not actually use the object, there is no corresponding room, the court can make a decision without the consent of this party. In this case, compensation is assigned to the share at the expense of other owners. Lenders may also qualify for part. When the debtor does not have enough other property to pay off the debt, the borrower may demand the allocation of a share and the recovery of it. If there are objections from other parties, they can buy this part at the market price. Money, respectively, will be used to pay off debt.
Finally
The Russian Constitution has a provision guaranteeing citizens of the country the right to private property. Everyone can have any object, use it, own it, dispose of it both jointly with other persons and independently (individually). No one should be deprived of his property, except in court. However, you must know about the responsibilities. It should be remembered that ownership of property is primarily a responsibility, including to the state and other citizens. If you have an object of ownership, you need to know certain laws, procedures and rules for the resolution of certain disputes.
In most cases, litigation can be avoided by compromising decisions. Shared property has its own specific features. They must be taken into account when planning any transactions. If a conflict situation nevertheless arose, then when filing a claim it is necessary to formulate your requirements as accurately as possible, if necessary, provide additional information to the court, evidence confirming certain disputed points. Knowledge of the law in many ways contributes to the protection and preservation of property, its proper disposal.
