General joint ownership can be formed only in cases stipulated by law. There are two types of implementation of these relationships. So, common joint property may arise between spouses, as well as between members of a farm (peasant) farm. In this case, the law allows the transfer of property to another regulatory regime. Participants in the established relations use the property together (unless otherwise provided by law). Disposal of property is carried out in accordance with mutual agreement.
Transactions on the disposal of property may be made by any of the participants in these relations, if this is specified in the agreement concluded between them. If one of the owners completed the transaction without having the authority to do so, it may be declared invalid in accordance with the request of other parties. At the same time, the party requiring recognition of the invalidity of the transaction must prove that the party that disposed of the property without authority had acted on intent or gross negligence.
Parts of property in these relations are established in case of division of property or separation of part from it (while the right to common shared property, for example, provides for the presence of specific pre-determined shares). Parts shall be deemed equal if the other is not provided for by agreement between the parties or by law. Common joint property may be divided in accordance with general rules. They are established and fixed in legal order.
The legislation that was in force in Russia established a regulatory regime in accordance with which spouses used property. The definition of the rules was enshrined in family and marriage law. In this case, there was the principle of separation of property before marriage. There was also the principle of community during marriage, in accordance with which a common joint property was formed.
Modern legislation provides spouses with ample opportunities in determining the regulatory regime for the disposal of property acquired together. In addition, some of the rules governing these relations are included in the Civil Code.
Unless otherwise provided by agreement between the spouses, the property acquired in a marriage is considered to be their joint (common) property. In the process of concluding a marriage contract, spouses can determine the status of the property. So, it can be attributed to either shared or separate ownership. A certain regulatory regime applies to property received by either spouse as an inheritance or gift during marriage. The property of each spouse can be classified as joint in the event that during the marriage, at the expense of common funds or at the expense of the other spouse, the price of property was significantly increased. For example, in a house that belongs to one of the spouses, a major repair was carried out due to the investments of the other. As a result, the value of the house has grown significantly. It should be noted that this provision is valid, unless otherwise provided by the marital agreement.
The resolution of the issue of foreclosure on joint property is carried out depending on whether one spouse or both acts as a party to the obligation. If the obligation of one is considered, then the penalty may be levied only on property that is in its separate possession, as well as on the part in the matrimonial property.
There are also cases where the parties to the obligation are both spouses. In this case, recovery may be imposed on property in separate possession, and on the common property of both. In accordance with the conditions and specific circumstances, one or another regulatory regime is used when making a decision.