When several persons own the same property, thing, such property, thing are in common ownership of these persons. The law distinguishes two modes of common ownership: joint ownership, without the allocation of shares and shared ownership. As a general rule, ownership of property is shared, if the possibility of common joint ownership is not provided for by law. And nevertheless, cases when it is the regime of common joint ownership that operates in relation to property, things are very common: this is the property of spouses, acquired jointly, and privatized apartments (at the initial stage, privatization was allowed without determining shares), as well as the property of the peasant (farm) economy.
Instructions
Step 1
Before allocating a share from the common property, it is necessary to transfer the property to the mode of shared ownership. Spouses can do this, for example, by entering into a prenuptial agreement. And according to the general rule of Article 244 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), the transition from the regime of joint ownership to the regime of shared ownership is carried out by agreement of all co-owners, or by a court decision, on the basis of a requirement stated by one or several co-owners.
Step 2
The separation of a share from a common shared ownership, as a general rule, is made by agreement of all co-owners (Article 252 of the Civil Code of the Russian Federation). In some cases, the allocation of a share is possible in kind, for example, in a private house, you can make a separate entrance and use only part of the house. In other cases, the allocation of a share in kind is impossible, therefore, the share of the allocated owner can be redeemed by one or more of the remaining co-owners.
Step 3
If no agreement is reached, any of the participants in the shared ownership may apply to the court with a demand for the allocation of his share (Article 252 of the Civil Code of the Russian Federation). Here, the divisibility or indivisibility of an object in nature will also matter. It should be borne in mind that shares in common property rights are abstract shares, not tied, for example, to a specific room or part of a house, if we continue the example of a private house, therefore, when dividing a house in kind, the size of such an ideal share may not coincide with the real one. share that can be selected. Let's say that the share in ownership is 50%, and the room and corridor, which can really be allocated for a separate entrance, make up only 40% of the house. In such cases, in order to compensate for the disproportionality of the actually allocated share of the person's share in the property right, the owner is paid a monetary payment from the other (other) owners, whose real property share has increased due to such an owner. The disproportion can be eliminated not only by monetary, but also by other compensation, for example, by awarding the disadvantaged owner of a shed or other outbuilding at the house.
Step 4
If it is impossible to allocate a share in kind, a participant in shared ownership has the right to demand payment of the value of his share by other participants. On the other hand, if the share of a participant is insignificant and he does not have a significant interest in the use of the common property, the court may oblige other participants in the shared property to pay compensation to such a participant even in the absence of his consent. From the moment of receiving compensation for his share in the common property, the person loses the right to a share in the common property.
