Common property is the ownership of one property by several people. Such property may contain a divisible and an indivisible part, as well as their totality. Common ownership is divided into two types - shared, when the share of each is determined, and joint, when the share of each is not determined.
A typical example of joint ownership is a farm; inheritance, when the owners do not legally determine the shares when receiving the property. This also includes the acquisition of a thing or property by spouses. The peculiarity of such property lies in the fact that the subjects enter into legal relations not only with an unlimited number of persons, but also with each other, creating certain rules for owning joint property. However, the owners enter into relations with third parties together.
Joint ownership concept
Joint ownership is a type of common ownership where there is no clear definition of the share of each. The disposal of such property is carried out exclusively with the consent of all its participants. Each of them has the right to dispose of joint property subject to common consent. If the disposition of the joint property takes place without observing the necessary powers of common consent, it may be invalidated at the suit of other owners. The division of such property is possible only after the share of each is determined.
Features of the emergence of joint ownership
There are three ways of the emergence of joint ownership: farm, or peasant economy; horticultural, horticultural or dacha partnership; joint property of the spouses. A farm or peasant economy belongs to all participants in joint ownership, unless other agreements have been established: shared or separate ownership and its disposal on the basis of a simple partnership agreement. The procedure for the disposal of such property is determined by agreement of all rightholders. Also, for convenience, the head of the farm can be appointed, deciding the main issues.
In a gardening partnership, the transfer of the right to joint ownership is possible only among the members of the partnership. This happens exclusively with the consent of all participants in the joint property. Often, such decisions are made at general meetings. In the joint ownership of the spouses, when one of them concludes a transaction for the disposal of real estate, the notarized consent of the other spouse is required. If there is none, the spouse has the right to challenge the transaction and prove its invalidity in court. This can be done within a year, starting from the day when he learned or should have learned about the transaction. Provided that there is a marriage contract, it is necessary to present it, since with the help of it the legal regime of the spouses and the possibility of disposing of joint property can be changed.
