And it assumes that the owner has unimpeded rights possessions , use And orders with your property ( V in this case– apartment). Provided that the owner’s actions do not violate the law and the rights of other people.

The fact that someone has ownership rights to the apartment is electronic recording in, and confirmation of this fact is an extract from this register, or paper.

On ownership may be imposed, which prohibits the apartment owner from certain actions with his property. In particular, encumbrance is .

The apartment may be located in property both one person and property several people.

If everything is more or less clear with the property of one - individual, then with the property of several persons there may be options: it can be general joint or common share(Opens in a new tab.">Article 244 of the Civil Code of the Russian Federation).

Type of property listed in Title for an apartment, as well as in . From type of ownership of the apartment The rights and opportunities of its owners to dispose of this apartment depend.

Individual (personal, full) ownership of the apartment

This is the case when the apartment is solely owned by one person. He also manages it. He is listed in Title or in EGRN extract for an apartment.

True, this does not exclude the existence of other rights ( For example,) y ( members of his family, for example). Such characters are not related to property and do not affect the disposal of real estate, but actually create an encumbrance ( in the form of your right of residence) when selling an apartment.

This is a case when two or more people simultaneously own an apartment, and their shares of ownership are common property are not defined, and are considered equal, in other words it is - common property without defining shares.

Then all owners are listed in Title / Extract of the Unified State Register of Real Estate for an apartment and have the same rights to possession , use And order this apartment (Opens in a new tab.">Article 253 of the Civil Code of the Russian Federation).

When selling an apartment, all its owners act together, acting as one owner, a single party, and the money received from the sale must also be divided equally among themselves.

Title for an apartment at common shared ownership issued ( more precisely, it was issued until July 2016) to each owner separately. This owner is listed on the front side Title. On back side Title other participants are indicated shared ownership (indicating their shares in the right).

Sample Certificate of Title (shared ownership):

Can occur with any type of acquisition of an apartment ( privatization, inheritance, purchase, etc.), if at the time of acquisition the apartment was divided into shares ( ideal or real), and transferred into ownership “in parts”.

For example, a family may indicate in the contract that the apartment is purchased in equal shares for the husband, wife and child.

May also arise from general joint ownership – on the basis of a separate notarial agreement between the owners, a marriage contract between spouses, or on the basis of a court decision.

Share owner ( both ideal and real) V common shared ownership of an apartment can dispose of it at his own discretion: sell, donate, bequeath, etc. (Opens in a new tab.">Article 246 of the Civil Code of the Russian Federation). But in the event of a sale, he must take into account this share by other owners ( owners of the remaining shares).

"SECRETS OF A REALTOR":

For the procedure for organizing a transaction for the purchase and sale of an apartment, see the interactive map. It will open in a pop-up window."> STEP-BY-STEP INSTRUCTIONS (will open in a pop-up window).

Property can be registered to 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.

General

As evidenced by Art. 244 of the Civil Code of the Russian Federation, property owned by 2 or more persons is considered common property. This often applies to real estate. There is common shared 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 property is established on the basis of the law. For example, the property of spouses or persons in a peasant household is considered joint. But the owners have the right to agree on the division and secure this decision in a legal way.

Share

Often the concept of shared ownership refers to real estate. The rights and obligations of owners are the same. This implies the distribution of ownership rights in established shares, as well as the possibility of generating income from it. Participants are responsible for maintaining assets.

Owners can have property in fractions and percentages. In Art. 245 of the Civil Code of the Russian Federation states that the proportion is equal, unless otherwise provided by law, agreement or practice of relations between owners. The size of shares changes due to the emergence of new persons and 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 conflicts regarding orders. Selling property has some peculiarities. For example, if one of the owners wants to sell his part, then others can buy it. Moreover, they are given a pre-emptive right, which is specified in But only if this does not apply to sales with assistance. If this norm is violated, the remaining owners can appeal the transaction through the court.

Rights

The shareholder's rights to shared ownership are specified in the law. According to Art. each owner can:

1. Own property.
2. Exploit it.
3. Dispose of it - change, rent, sell.

And since the property has several owners, the rights and obligations of the participants in shared ownership are taken into account. All transactions can be carried out with the permission of all owners.

For example, land is owned by 4 people. There are fruit trees on the territory. Three people do not want to cultivate the garden, but want to rent out the plot. And one wants to work on it. In this case, the majority opinion does not work. We need to look for a compromise. If you cannot reach a common decision, then you need to go to court. Moreover, all persons have this right.

The court cannot make a decision obliging a person to agree to something else that is contrary to his wishes. This is due to the principle of freedom of agreement. Therefore, property can be disposed of by agreement.

Responsibilities

It is necessary to take into account other nuances regarding who has shared ownership. Rights and obligations of owners land plots or other property are approved for the legality of transactions. Shareholders can change the size of their share. For example, repairs are made and equipment is purchased, it becomes the property of the person who sold it. But this is prohibited if the contract states otherwise.

Owners of shares must pay taxes and utility bills. If even one of them evades this, then this is considered a violation of the law. It is mandatory to notify 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 specified in an agreement between persons. If a person receives income, then he must pay taxes and bear maintenance costs. The rights and obligations of owners in shared ownership are the same for everyone.

Features of the section and section

Shared ownership terminates upon division and separation. These procedures have their own characteristics. If the division is carried out, then the property ceases for all its owners. Extract from common property suggests different reasons for performing both procedures. For example, division or allotment is carried out with the consent of all owners. But this is carried out by court decision.

The allocation is carried out at the request of creditors. It is indicated: division and allotment are made in kind, if this complies with the norms of the law. But if it is impossible to do this, the owner who wishes to receive his part under the division or allotment has the right to receive compensation. This often happens through a court order. Shared ownership ceases upon receipt of compensation.

Joint property

The law has the concept of joint ownership. Its peculiarity is that the owners manage the property and there are no shares in it. Owners can agree on use. The order is possible only if the transaction is agreed upon 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 declared invalid by the court. When dividing and allocating, it is necessary to determine the shares of each.

Spouses' property

The property of married people has its own characteristics. In Art. 256 of the Civil Code of the Russian Federation states that property acquired after registration of marriage will be joint, unless other conditions are specified in the marriage agreement.

Sale of shares

The rights and obligations of owners of shared property are fixed by law. The owners of the property can dispose of it. Home sales transactions are often carried out. To sell the entire apartment, you need permission from all owners. This also applies to cases where a person wants to pledge housing. Moreover, everyone must give consent - if someone does not provide permission, the transaction will not take place.

Rights under shared ownership imply that a person can dispose of his part at his own discretion. But in this case, problems may arise with determining the actual share. If there is a part in one-room apartment, then it will be difficult to isolate it. But if the common property is registered in a house with several apartments, then such a procedure will be realistic.

It turns out that to be implemented, an object must be divisible. Often, specialists are brought in for the extraction procedure to help perform it correctly. Another solution is to go to court. The owner is given the number of meters that are necessary for comfortable stay. For example, the court can transfer a room to a person, and the right to use the bathroom, kitchen, or hallway is granted.

If one of the owners decides to sell his part, he must notify the other owners in writing. A month is given to decide. The cost must be the same as that announced when submitting the document. If you sell a share to other persons without notifying the other owners, then such a transaction may be challenged. Then the owner returns the money and receives his property.

Rent

Shared ownership rights imply the ability to rent out your part. The procedure is performed with the permission of the other owners. But often transactions are carried out with the person who has found the tenant. But this is considered illegal. If a person nevertheless rents out his part, the remaining owners can evict the tenant.

But no one can prohibit people from moving in for temporary residence. Although dissatisfied owners can go to court, if the case is won, then the decision applies to certain persons who moved in under the contract.

Earth

Citizens may have shared ownership of land. The same rules of law apply here as with other property. According to Art. 244 of the Civil Code of the Russian Federation, common ownership appears when the object is indivisible. If the plot is in a 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 participants in the association. But they can agree on the distribution of land by agreement. Shared ownership of land allows you to use it like other property.

Thus, 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 and therefore cannot be canceled.

Concept common property arises when one object is owned by several persons (both individuals and legal entities).

Reasons for occurrence and types

This type of property arises due to various reasons: official registration of marriage; where several people live; Creation farm, where there are several owners, etc. - in other words, when two or more people take possession of property that cannot be divided into several parts either by force of law or without changing its purpose.

Two types of common property rights can be distinguished, which differ in the essence of ownership and are regulated by different rules:

• shared ownership– a type of property that is characterized by the allocation of a certain share in the ownership of property, both movable and immovable;
• joint ownership– when the shares of property ownership are not determined in advance.

Share in the ownership of an apartment - what is it?

When an apartment becomes the property of several persons and the shares of ownership are agreed upon in advance, we are talking about shared ownership of the apartment. In such a situation, housing can only be disposed of with the consent of all owners, regardless of the size of the share.

It should be understood that if all the owners live on the territory of the apartment, then it is not possible to actually divide the area in accordance with the shares of each according to the documents. In this case, the co-owners try to come to an agreement and divide the living space, taking into account the life circumstances and needs of each. If this issue cannot be resolved peacefully, the owners go to court, where the procedure for using the living space will be determined. If it is necessary to change the order due to any new circumstances (for example, the birth of a child), the court may revise the decision that was made earlier.

Regulatory acts that regulate issues of shared ownership of an apartment

In order to determine the procedure for use and how co-owners can dispose of their shares, one should refer to the Civil Code of the Russian Federation (Part One) dated November 30, 1994 N-51 Federal Law. Chapter 16 is entirely devoted to the regulation of common property rights.

If we are specifically interested in the right of shared ownership in an apartment, we should pay attention to the following articles:

• Art. 245. The article states that if shares in common property are not determined in advance, then the shares will be considered equal. Also, when investing in improving the condition of the property, the size of the share can increase in proportion to the investment.
• Art. 246. Shared property can be disposed of only with the consent of the co-owners, while any of the owners has the right, etc. your share.
• Art. 247. Shareholders have the right to use the property by agreement of all co-shareholders. Each owner has the right to receive his share for use; if in fact this is not possible, he has the right to count on compensation.
• Art. 248. Everything that the owners can receive as a result of the exploitation of shared property (income, fruits, etc.) is divided between the owners according to their shares, unless there are other agreements.
• Art. 249. Expenses for the maintenance of common shared property - all this is also divided between the co-owners in accordance with the size of the shares.
• Art. 250. This article describes the right of co-owners to preference in purchasing a share in common shared ownership, provided that the sale is not through a public auction.
• Art. 251. Upon sale, the share passes into ownership from the date of conclusion of the agreement, unless other conditions are specified in the agreement.
• Art. 252. The division of property can take place by agreement of all co-shareholders. Any of the co-owners has the right to allocate his share either by agreement of all owners or by court decision. If the allocation or division of property is not possible or is prohibited by law, then the shareholder has the right to compensation, after receiving which he is deprived of his property rights.
• Art. 255. The creditor has the right to apply to the court, if one of the owners in common property cannot pay off the debt with the property that he has, to collect the debtor’s share, while the share can be sold both to the other property owners and at public auction, and cash The proceeds from the process will be used to pay off debts.

Behind Lately the changes affected only the 1st paragraph of Article 250 of the Civil Code of the Russian Federation (the changes entered into force on March 1, 2015), which talks about the pre-emptive right to purchase shares in common property by co-owners. Moments have been added at which this advantage is abolished upon the sale of property with, or more precisely, a share.

Main problems: how to divide, sell or rent out a share in an apartment

So, the problems faced by people who own shared property can be divided into several types: I want to have my own room, I want to sell or rent out my share. Let's look at everything in order.

I want to have my own room

If you not only own a share in the apartment, but you also have to live in it with other shareholders, the question arises: how to divide the area so that everyone has their own corner. This issue is regulated by law and is described in Art. 245 of the Civil Code of the Russian Federation - on the procedure for using residential premises. The first option for determining order is peaceful, because it is better to come to an amicable agreement with your neighbors and decide who will live and where.

Healthy! Even if you have agreed on everything with other residents, it is best to formalize the procedure for use with a notary, so that later you do not have to prove who said what.

Another option, when it is not possible to resolve the residence issue peacefully, is to go to court. The court will take into account all the circumstances and divide the rooms between the owners, as it considers it correct, not always taking into account the size of the owners’ shares. If one owner has a family and the second is single, then the first owner will get a larger room.

Do I want to sell my share?

When cohabitation does not suit one or more property owners, and they would like to receive their share in monetary terms, the question arises of selling a share in a common apartment. In such a situation, there are several possible solutions:

1. If only one of the owners declares the sale of a share, then the remaining residents have an advantage over others who wish to purchase, and in this case it is necessary to obtain their consent. This right is regulated by Article 250 of the Civil Code of the Russian Federation.
2. If several co-owners would like to sell the entire property, but one, who has a small share that cannot be realistically allocated, does not agree, then you can go to court (based on paragraph 4 of Article 252 of the Civil Code of the Russian Federation), where permission to sell the apartment without consent will be obtained. protester", with the condition of paying him compensation in the amount of his share of total cost apartments.
3. If all co-owners are ready to leave, then they can simply sell the apartment and each receive their share.

It is important to know that the sale of a share in an apartment is much lower than the cost of the same share if the apartment is sold as a whole. The price difference can reach 15-25%.

How to submit your part?

Everything here is very simple - renting out or registering someone on your part of the living space is possible only with the consent of all owners; this issue is regulated on the basis of Article 246 of the Civil Code of the Russian Federation. If there is a need to register minor child, then this can be done without the permission of other owners, because children are registered at the place of registration of one of the parents (Article 70 of the Housing Code of the Russian Federation, norms of the Family Code)

Right of common joint property of spouses

In order for the right of joint ownership to arise between a man and a woman, a marriage must be officially registered. Property acquired during marriage becomes the joint property of the spouses, where each has an equal share. A different procedure can be established provided that a marriage contract has been signed, in which, with the consent of the husband and wife, ownership rights regarding the property of each of them are designated. Issues arising during the use and disposal of joint property are regulated by Article 256 of the Civil Code of the Russian Federation and Articles 33-39 of the RF IC.

The right of joint use includes property that was acquired by spouses during marriage, but it is important to know that this right does not apply to:

• acquired before marriage;
• resulting from ;
• personal belongings.

All this is the separate property of the spouses.

For information: the individual property of one of the spouses can be recognized as joint property, provided that there were investments in it during the marriage, which greatly increased the value of the property (repairs, reconstruction).

Although when making transactions with joint property, written or notarized permission of both spouses is not required (based on the fact that both spouses agree to the transaction and nothing else has been proven), but spouses without a notary can dispose of real estate or objects that require registration and/or notarization certified consent of the other spouse cannot according to Art. 35 IC RF.

The division of property can be carried out both during the marriage and upon its dissolution. This process is regulated by Articles 38 and 39 of the RF IC. In the best case, the division occurs peacefully, when the owners agree on who will get what. If you cannot reach an agreement on your own, the only way out is to go to court. IN judicial procedure the division of property will be established in equal shares, so that both spouses receive shares of the property equal in value. In the event that the shares are not equal, the spouse with the smaller share is awarded monetary or other compensation.

Very important point is not only the acquisition of property during the marriage, but also with what funds it was acquired, because this can greatly influence the court's decision on division.

Example No. 1

The wife sued her husband for the division of an apartment that was acquired during the marriage.

The court found that this apartment was purchased with funds resulting from the sale of the husband's premarital property, which are not common property. In view of this fact, the court decided that the apartment was not subject to division, because is not joint property.

Example No. 2

The wife applied to the judicial authorities for the division of property, including an apartment, after the divorce.

The court stated that this apartment was not purchased by the spouses for general funds, but was presented to her husband as a military man, respectively this property is not common and joint property and is not subject to division.

How is the division of real estate in shared ownership carried out?

The video shows the order, procedure and features of the division of property that belongs to more than one owner.

Russian legislation of the Russian Federation regulates several possible forms of ownership: sole, joint and shared ownership.

The terms joint and shared ownership initially imply that the corresponding property objects, to which the rights of the owners extend, simultaneously have two or more rights holders.

The legal regime of each of the above types of common property has certain nuances and differences that property rights holders should take into account.

The initial difference between shared and joint ownership is that in the first option, each right holder of the property is assigned a specific share, expressed as a percentage, while in the second option, a clear amount of property assets belonging to each right holder is not established.

Other legal nuances of ownership and disposal follow from this difference. different types common property.

According to the law, common ownership of any property assets is considered shared, with the exception of only those situations where the legislator provides for the possibility of forming joint ownership. Accordingly, joint ownership can be formed only in cases expressly provided for by civil law.

Joint ownership

The terminology “joint ownership” implies a form in which the copyright holders of the property have similar rights. As a rule, in civil legal relations, joint property is formed between spouses in relation to property assets acquired by them during marriage.

The legislator establishes that any property acquired by spouses during marriage legal relations, with the exception of a few situations provided for by family law, automatically becomes joint property. In this case, it does not matter at all with whose specific finances the property assets were acquired, and in whose name they were registered.

As an exception, we can name a situation when spouses have a marriage contract that defines differently legal status matrimonial property in comparison with general legislative rules. In addition, assets inherited or received as a gift by one spouse are not considered joint marital property.

In addition, spouses always retain the opportunity, by mutual agreement, to make newly acquired property into shared ownership. To do this, they again need to conclude a contract, on the basis of which the allocation of shares in the corresponding property will be made.

It should be noted right away that the legal status of joint marital property refers exclusively to property values ​​acquired by citizens who are in registered marital relations, in accordance with the standards of the current Russian legislation. So-called common-law spouses living together without registering marriage relations cannot have joint property.

In the situation under consideration, either sole or shared ownership is possible.

Legal nuances of joint ownership

• Let us also consider several nuances of the legal regime that distinguish a joint form of ownership from shared ownership:
• Since the owners (spouses) jointly own and use joint marital property, each of them has identical rights and obligations in relation to common property values. In addition, if we are talking about such expensive joint property as real estate, each spouse has the right to dispose of it only with notarized consent from the second spouse. In a situation with joint ownership, copyright holders may have certain difficulties when alienating common. So, if the remaining copyright holders of the property do not want to sell it, the interested party may have to go through the procedure of allocating a share from the common property values.
• If the property is jointly owned by persons, they bear equal responsibility for the implementation tax obligations. Accordingly, this automatically implies that the property tax payment on immovable objects calculated and paid by copyright holders in equal shares.
• Any of the legal holders of joint residential real estate has the right to use a property tax deduction subject to the conditions specified by the legislator. If a residential property was purchased before the beginning of 2014, the deduction will be limited to an amount of 2 million rubles for all property owners. If residential real estate was purchased later than 01/01/2014, then each of the joint owners has the right to receive tax deduction from the personal income tax tax base in the amount of up to 2 million rubles (and for a mortgage loan - up to 3 million rubles).

Shared ownership

Property values ​​are in the common ownership of several persons with the determination of a specific share in the rights for each share owner.

Rights holders who own property objects under the right of common shared ownership have the right to freely dispose of their own share without agreeing on the possibility of its alienation with the owners of other shares. In the situation under consideration, there is only an important legal nuance: the copyright holders of the remaining shares in general property object have, according to the law, a priority opportunity to redeem the alienated share.

Accordingly, if one spouse (or another shared owner) decides to sell residential real estate, then he must first offer to buy it out to the second spouse (or other shared owners).

And only after receiving a properly formalized refusal to buy the share from all other share owners or without receiving any response within the period regulated by the legislator, the potential seller of the share has the right to put up his own part of the property for sale to third parties.

It may arise for various legal entities in a variety of situations. Thus, property assets can be registered as shared ownership of both spouses and other persons, related or not.

If we talk about spouses, then they have the right, by mutual agreement, to register common property assets not as joint property, as happens in most situations, but as shared property. To do this, they will need documentation confirming the shared status of the common property.

One of the most popular options for this documentation acts as a marriage contract. Experts recommend that spouses entering into a marriage contract carefully consider all its clauses and conditions so that in the future there are no legal grounds for recognizing the agreement as void.

In addition to the voluntary agreement of the spouses, in practice there is the possibility of transferring joint property into shared property in the legal process. Thus, taking into account the circumstances of a particular case, the judge can divide marital assets and establish the size of shares due to divorced spouses. When making such a division, the judge may take into account which of the spouses incurred large financial expenses in acquiring property that was their joint property.

If we talk about the shared property of a married couple, most often each spouse owns half (an equal share) of the common property. But spouses can also come to a mutual agreement on other proportions for the distribution of their shares. In the situation under consideration, one may own a share in property values, for example, in the amount of 25%, and the second – 75%.

It is worth considering that starting from the moment of transferring joint marital property into shared property, spouses must pay tax payments, utilities and other payments for themselves, in amounts proportional to their shares.

Legal nuances of shared ownership

Among the main features it is worth noting:

• The legal grounds for the emergence of shared ownership of property are different. Thus, a person can become the owner of a share in a real estate property as a result of transactions, recognition of his rights by a court decision, inheritance by will or legal order, privatization or the conclusion of a marriage agreement. The number of co-owners of the property, and therefore the number of shares in specific situation can be very different.
• In contrast to joint ownership, with shared ownership, the legislator establishes more specific boundaries for the ownership and disposal of shares in property. With the form of ownership under consideration, the rights of persons to property values ​​will be much better protected if a third party has claims against one of the shared owners. In addition, with shared ownership, compared to joint ownership, it is much easier to sell part of the property owned by the potential seller.
• Each participant in shared ownership pays the costs of maintaining and repairing the property, and also pays property taxes and other fees in proportion to the size of his share in the common property right.
• In the case of purchasing real estate with the status of shared ownership, the tax deduction is also distributed among the co-owners in proportion to their shares. Restrictions on maximum sizes Personal income tax deductions are similar to those for joint ownership.

To sum it up: the main differences

Before moving on to the differences and joint ownership, let us note them common features. In both cases, we are talking about property that implies the rights of several persons simultaneously to some property, for example, to residential real estate.

The main difference between the forms of ownership under consideration is the absence of clearly defined percentages ownership of a property that is present with shared participation.

It is from this fundamental rule that all other differences flow:

• with joint ownership, each of the owners of property value has identical rights to the corresponding object, and with shared ownership, the size of the shares, and, therefore, the scope of rights may differ;
• joint ownership can arise only in situations directly defined by the legislator, and shared ownership - in all other cases of common ownership;
• shared ownership is available to all citizens without taking into account the degree of their relationship, and joint ownership, as a rule, arises between spouses in the presence of officially registered marriage legal relations;
• co-owners of jointly owned property assets bear financial expenses for their maintenance and payment tax payments in a joint and several manner, and the owners who own their personal shares pay the required expenses in proportion to the size of their property shares;
• in marital legal relations, joint legal ownership is established by default, upon the acquisition of common property by spouses, and shared ownership between spouses arises from contractual relations or a court decision;
• the owner of an object belonging to joint ownership can sell it only with the consent of the second co-owner, and the owner of a specific share in a common property object has the right to freely alienate his own part, observing the rule of priority redemption of the share by other shareholders.

Property rights to citizens Russian Federation guaranteed by national legislation. In particular, they can own real estate jointly, or on a shared basis. At the same time, not everyone understands the difference between these concepts. Nevertheless, it is quite significant, and it doesn’t hurt to know all the nuances.

Basic Concepts

Both of these types of property have generally the same properties. General share, as well as joint, assumes that the property has several owners. Moreover, each type has a number of characteristic features.

The procedure for exercising the rights of owners is regulated Civil Code Russia. At the same time, the law allows persons who own common joint real estate to divide it into shares.

Joint ownership

This concept implies that citizens own certain property without dividing it into parts as a whole. In other words, everything is the property of, for example, a married couple, that is, they can manage it exclusively jointly.

At the same time, there is a division of responsibilities arising during the use of real estate or other types of property. The law also specifies that any type of property acquired during marriage automatically becomes community property. Such a common thing is divided into shares only if an appropriate agreement is concluded.

In the latter case, there is a division or deduction of one share of the property in favor of a third party (for example, a child).

In addition, common property becomes joint only in a situation where the spouses are in an officially registered marriage. A civil union does not imply the emergence of circumstances conducive to the accumulation of such property.

Such community property obliges all spouses to participate equally in the administration. They are, among other things:

• pay the fiscal fees provided for by law;
• participate in maintenance costs;
• decide on sale or division;
• donated, etc.

Shared common property

This type of property ownership involves dividing it into certain shares. In particular, an apartment, for example, can belong to both spouses in a ratio of 50 to 50 percent. At the same time, if there is a child, then the division is carried out in a different order.

In this case, the common property is also subject to division in another ratio - 25 to 75 percent or some other way. In most cases, a shared apartment is divided into equal parts. At the same time, it is allowed that not only relatives or spouses can own property.

As noted earlier, a common apartment that is jointly owned can be divided into parts without any problems by drawing up an appropriate agreement.

The law also provides for other options, in particular the drawing up of a marriage contract. If no documents were drawn up, then the division of property, from the point of view of law, is void.

In some situations, common property is distributed among co-owners by court decision. Sometimes the sizes of the parts are also determined there. This usually happens in cases where the spouses are unable to reach a compromise on this issue. The court then takes into account the personal expenses of the husband and wife in the acquisition process.

Legal consequences of property division

After the property has been divided into shares, each co-owner acquires the opportunity to dispose of his part at his own discretion. Common real estate, which is in shared ownership, implies the right of each co-owner to sell his part, without obtaining consent from other interested parties. The latter are given priority when purchasing. In case of refusal, sale to third parties is permitted.

Among other things, shared ownership also leads to the division of all related responsibilities relating to the maintenance of real estate. That is, spouses will have to pay taxes on their part, pay proportionately for utility bills, insure their property separately, etc.

It is important to remember that if the ownership of property was regulated by a marriage contract, after its termination by agreement of the parties or a court verdict, a return to provided by law regime.