The civil legislation of the Russian Federation provides for such concepts as common share and common joint property. In case of shared ownership, the ownership right to any property belongs to two or more subjects by shares. It turns out that in case of shared ownership, each of the subjects has a certain share in the ownership of the property. The size of the share is established either by law or by agreement of the parties. If the shares are not specified, then they are considered equal.
Instructions
Step 1
If the parties have not agreed among themselves, then any of the participants can apply to the court with a demand to separate their share from the common property. It should be remembered that it can be satisfied if the share can be distinguished in kind. If it is impossible to do this, then the entity that has declared the requirement to separate a share from the common property will be able to receive a certain amount of money or other compensation for the value of its share in such property. When declaring a condition to pay him compensation, other participants are obliged to pay him the cost of his share. The amount of monetary compensation is determined by agreement of the parties, and in the absence of consent, by the court at the claim of the applicant. The amount of compensation must correspond to the market value of the common property at the time of the dispute. The court is obliged to take into account the expert opinion, other circumstances that will be important for a particular case.
Step 2
The Civil Code of the Russian Federation provided for an exception to the general rule, i.e. payment of compensation with the consent of the subject who has made such a claim is possible when his share in the common property is insignificant, it is unrealistic to allocate it, the subject has no interest in using the common property. If these three circumstances are established, then the court, in the absence of the consent of this participant, may order the payment of compensation instead of the allocation of a share in the common property in kind.
Step 3
A similar situation arises when such an entity is allocated property in an amount greater or less than the size of its share in common property. This difference in the allocated property will be smoothed out by the payment of an appropriate sum of money or other compensation. Since this discrepancy can be both in the direction of increasing the share, and in the direction of decreasing, then either the distinguished entity or other participants in the common property (depending on the circumstances of the particular case) will be obliged to pay monetary compensation.
