Property can be registered for one person who has the right to use and dispose of it. But often it has several owners. Therefore, there are such concepts as common and shared ownership. The rights and obligations of owners are fixed in law.
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As evidenced by Art. 244 of the Civil Code of the Russian Federation, property owned by 2 or more persons is considered common property. Often this applies to real estate. There is common ownership and joint ownership. In the first case, the division of property in certain shares is assumed. In the second situation, the object will be undivided.
Often common shared and joint ownership is established on the basis of the law. For example, property of spouses or persons of a peasant farm is considered joint. But the owners have the right to agree on a division and fix this decision in a legal way.
Share
Often refers to real estate such a thing as shared ownership. The rights and obligations of the owners are the same. This type of property implies the distribution of ownership rights in fixed shares, as well as the possibility of obtaining income from it. Participants are responsible for the maintenance of assets.
The owners of the property may be in fractions and percent. In Art. 245 of the Civil Code of the Russian Federation states that the proportion is equal, unless otherwise provided by law, contract or practice of relations between owners. The size of the shares is changing due to the emergence of new persons, the modernization of property. The rights to use shared ownership are exercised by each owner on the basis of the consent of the others.
If there is no agreement between the owners, then disputes are resolved in court. Often, this body helps resolve contradictions about the order. Property sale has some features. For example, if one of the owners wants to sell his part, then others can acquire it. Moreover, they are granted pre-emptive right, which is indicated in Art. 250 Civil Code of the Russian Federation. But only if it does not apply to sales through public bidding. If this rule is violated, the remaining owners may appeal the transaction through the court.
Rights
The rights of the shareholder on shared ownership are specified in the law. According to Art. 209 of the Civil Code of the Russian Federation, each owner can:
- Own property.
- Exploit it.
- To dispose of it - change, rent, sell.
And since the property has several owners, the rights and obligations of participants in shared ownership are taken into account. All transactions can be performed with the permission of all the owners.
For example, land is owned by 4 people. On the territory there are fruit stands. Three people do not want to perform garden processing, but want to lease the land. And one wants to work on it. In this case, the majority opinion does not work. A compromise must be sought. If you cannot reach a unified decision, you need to go to court. Moreover, all persons have this right.
The court cannot make a decision obliging the person to agree to something else, which contradicts his desire. This is due to the principle of freedom of agreement. Therefore, you can dispose of property by agreement.
Responsibilities
It is necessary to take into account other nuances who have shared ownership. The rights and obligations of owners of land or other property are approved for the legality of transactions. Participants in shares can change the size of their part. For example, repairs were made and equipment was purchased; it becomes the property of the person who sold it. But this is prohibited if the contract indicates otherwise.
Owners of shares must pay taxes, utility bills. If at least one of them evades this, then this is considered a violation of the law. Responsibilities include necessarily informing the owners of their intention to dispose of the property. All owners have the same ownership rights.
Income distribution
According to Art. 248 of the Civil Code of the Russian Federation, the owner has the right to a proportional distribution of income from property that is registered in joint ownership. An exception may be cases prescribed in the agreement between persons. If a person receives income, then he must pay tax, bear the costs related to the content. The rights and obligations of owners with shared ownership are the same for everyone.
Partition and highlight features
Shared ownership ceases upon division and allotment. These procedures have their own characteristics. If the partition is performed, then the property is terminated for all its owners. The separation from the common property implies different grounds for performing both procedures. For example, a section or allotment is carried out by agreement of all owners. But this is done by court order.
Allocation is carried out at the request of creditors. In Art. 252 of the Civil Code of the Russian Federation states: a section and a division shall be made in kind, if this complies with the norms of the law. But if it is impossible to fulfill this, an owner who wishes to receive his part under a section or allotment has the right to receive compensation. Often this happens with a court order. Share ownership ceases upon receipt of compensation.
Joint property
The law has the concept of joint ownership. Its feature is that the owners manage the property, there are no shares in it. Owners can agree on the use. An order is possible only with the agreement of the transaction with each other.
But every owner can enter into transactions regarding the disposal of assets. If such actions are not agreed upon, the procedure will be invalidated by the court. In the division and allocation, it is necessary to determine the shares of each.
Property of spouses
The property of people who are married has its own characteristics. In Art. 256 of the Civil Code TF states that property acquired after marriage registration will be joint, unless other conditions are indicated in the marriage agreement.
Sale of shares
The rights and obligations of owners of shared property are fixed by law. Owners of property may dispose of it. Often, transactions for the sale of housing. To sell the entire apartment, you need the permission of all the owners. This also applies if a person wants to transfer housing as collateral. Moreover, everyone should give consent - if someone does not grant permission, the transaction is not conducted.
Rights under shared ownership suggest that a person can dispose of his part at his discretion. But in this case, problems may arise with the determination of the actual share. If there is a part in a one-room apartment, then it will be difficult to allocate it. But if the common ownership is framed on a house with several apartments, then such a procedure will be real.
It turns out that to implement the object must be divisible. Often, specialists are assigned to the allotment procedure to help accomplish this correctly. Another decision is to go to court. The owner is given the number of meters that are necessary for a comfortable stay. For example, the court can transfer a person to a room, and the right to use is granted to the bathroom, kitchen, hallway.
If one of the owners decided to sell his part, then he must notify the other owners in writing. A month is provided for their decision. The cost should be the same as announced when the document was submitted. If you sell the stake to other parties without notifying the other owners, then such a transaction may be challenged. Then the owner returns the money and receives his property.
Rent
The rights of shared ownership imply the ability to lease their part. The procedure is performed with the permission of the remaining owners. But often transactions are conducted with the person who has found the tenant. But this is considered unlawful. If a person nevertheless leases his part, the remaining owners can evict the tenant.
But for temporary residence, no one can forbid to inspire people. Although dissatisfied owners can go to court, but if the case is won, the decision is valid for certain individuals who have settled under the contract.
Land
Citizens may have shared ownership of land. Here, the same rules of law apply as with other property. According to Art. 244 of the Civil Code of the Russian Federation general ownership appears when the property is indivisible. If the site is in share, then it can be distributed in kind.
According to Art. 257 of the Civil Code of the Russian Federation, the common property of farmers is the property of all members of the association. But they can agree on the distribution of land by agreement. Shared ownership of land allows you to use it as well as other property.
Thus, the ownership of a share of property implies the existence of rights and obligations. All procedures with property should be carried out on the basis of the law. Then the transactions are considered official, therefore they cannot be canceled.