The legislation of the Russian Federation for subjects of civil turnover provides for the opportunity to be a participant in common (shared) property. Each of its participants has the right to own, use and dispose of property on an equal basis with other owners by mutual agreement concluded between them.
Instructions
Step 1
According to the Civil Code of the Russian Federation, any thing that is owned by several persons is their common property. In turn, common property can be joint (without determining the shares of each of the owners), or shared (with a clear regulation of the share of each owner). The shares of each of the owners are determined by an agreement in which the contribution of each to the acquisition of the thing is indicated and the procedure for its use is determined. The general rule for determining shares in common property is as follows: "if the shares of participants in shared ownership cannot be determined on the basis of the law and are not established by agreement of all its participants, the shares are considered equal."
Step 2
The property of the spouses, which they jointly acquired during the marriage, is common (joint) property. The shares of each spouse in the division of jointly acquired property are considered equal. A different procedure for the division of property may be determined by the parties when concluding a marriage contract.
Step 3
Disposal of common property, its sale, lease, mortgage, etc. carried out by agreement with other owners. However, each of them has the right at any time to demand the allocation of his share in the common property. The following rule applies here: "if a thing can be divided in kind (without losing its basic qualities), then the required share is allocated, otherwise other participants pay the cost of the allocated share, or it is sold to a third party." The right to allocate a share (in the absence of assistance from other owners in the issue of its separation from the general mass) has the right to demand in court.
