Shared ownership. Dangers and problems. Property: individual and common What are the types of ownership shares?

It is sometimes difficult for an ordinary person to understand Russian laws. In places they are confusing and seem illogical. However, as they say, ignorance of the laws does not exempt you from responsibility. The consequences of this ignorance are especially costly in the real estate industry. Therefore, now I would like to answer the main questions related to ownership of the apartment.

What does ownership mean and how can I understand whether I have this right or not?

Ownership means the right of the owner to own, use and dispose of the residential premises belonging to him. Proof that this person is the owner of the apartment is a Certificate of state registration of ownership.

Is an apartment received from the state the property of the residents?

No, those living in a so-called municipal apartment do not have ownership rights to it unless they have privatized the premises. This means that the rights of residents are similar to the rights of a tenant: you must pay for the granted right of residence and carefully use the apartment for its intended purpose. You also have the right to place other members of your family in it with the consent of the people already living there. However, your right to own and dispose of this property does not apply to such an apartment.

What is the difference between shared ownership and joint ownership of an apartment? Does it make sense to register shared ownership when buying an apartment?

Common property can be either shared or joint. The difference is that with shared ownership, the shares of each participant in the ownership of the apartment are clearly distributed. This is not the case with joint ownership.

From definition type of property depends primarily on the rights of their owners when disposing of property. With shared ownership, it is possible to sell, exchange, or donate individual shares by its owners, taking into account the consent of the remaining owners. In case of joint ownership, such a right can only be exercised for the entire apartment.

Do I have the right to obtain ownership of an apartment after the death of a relative?

It all depends on whether the apartment was owned at the time of death and who was registered there. If the apartment was used under social rental conditions and you were not registered there, then most likely it is not possible. If the apartment was owned, then you need to contact a notary within 6 months after death in order to claim the rights to the inheritance. If you were registered there, then you need to re-issue the municipal tenancy agreement and only after that, with the help of privatization, obtain ownership of the apartment.

Is it still possible to privatize housing for free?

When buying an apartment with a mortgage loan, will the bank own the title?

No. When you purchase an apartment with a mortgage loan, ownership passes to the borrower (or co-borrowers, depending on the agreement) at the time of state registration of the property. The bank uses this apartment only as collateral for the loan.

But some restrictions are imposed on you on the rights to use and dispose of the apartment until the loan is fully repaid. All of them must be specified in your loan agreement, so at the stage of its conclusion it is better to familiarize yourself with these conditions more carefully. Usually the rights to sell an apartment, transfer housing for rent or leasing, and register other family members are limited. All these actions are possible, but they must be agreed with the bank.

What should I do when my property rights are violated? My relatives do not allow me into the apartment, part of which I own.

If you cannot reach an agreement to resolve this conflict peacefully, you must go to court to recognize your right to dispose of your part of the property.

Can they deprive me of ownership of an apartment without my knowledge if I do not live in it?

No, they can't. The law provides for the owner's right to renounce ownership of property. If you do not wish, the case should be considered in court with you as a defendant.

What are the pros and cons of owning an apartment?

The following can be distinguished positive points for the homeowner:

The owner has the right to own, use and dispose of his housing, namely to live in it, sell, buy, rent out, donate, bequeath, exchange, redevelop.
- In case of demolition of a house, the state is obliged to provide similar housing.
- It is very difficult to evict a homeowner from an apartment that belongs to him. Even if there is a large debt for utility services, the owner is evicted after a court decision, the apartment is sold and the remainder is transferred to the owner after the debts are paid. But this is provided that the owner and his family members have other housing suitable for living. Residents of municipal apartments in a similar case are moved to another apartment in accordance with hostel standards, i.e. at least 6 sq. m per person.
- After the death of the owner, the apartment passes to the heirs, regardless of whether anyone was registered in it.
- An apartment owned before marriage will not be considered community property and will not be divided between spouses in the event of a divorce.

At the same time, there are certain minuses:

Property taxes must be paid annually.
- Owners bear all the costs of repairing the common areas of the house, and not just their apartment.
- After the death of a person living in a municipal apartment, only those who are registered in it can claim it. Anyone with the right to inheritance can claim an apartment with property.
- Owned housing is property with which the borrower may be liable to the bank in the event of non-payment of the loan.

Private property- this is the legal right of specific legal entities or individuals to real estate located in the housing sector. The laws of the Russian Federation do not limit how much of it each citizen can own, what size it is and what its value is.

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The main condition is that property in the country must be registered with the Office of the Federal Registration Service.

Type of property- This is one of the foundations of the world economy. This concept is used as property or relationships that arise regarding ownership, appropriation and use.

There are 2 main types of apartment ownership:

1. Municipal or state. The owners are the state, represented by departments and committees for the management of state property, and local governments.
2. Private. Real estate is owned by individuals or families. Divided into several subspecies:
   • individual;
   • collective (general);
   • share;
   • general share;
   • general joint.

Types of private property

Let us consider in more detail such types as individual and general:

1. Individual. It is characterized by the fact that an individual fully owns his property. This form provides for the ownership of an apartment by one person. This is possible if he is the only one registered in the housing or the other residents have renounced their rights to this property.
2. Shared property– possession of property by several citizens. According to the law, this form is divided into joint and shared.

Joint

This form of real estate ownership does not involve dividing it into parts. The responsibilities and rights associated with housing located in this type of ownership lie with all owners simultaneously. Regardless of how many owners and what size of the apartment, if one of them wants to donate, sell or abandon the property, the decision is made by all owners.

When buying an apartment that has several owners, the purchase and sale agreement must be concluded simultaneously with all of them.

Share

With this form, the specific share of the apartment of each owner is determined. Housing should be divided into equal parts, but there are exceptions. For example, by law or contract, shares may be determined unevenly, taking into account what contribution was made during the purchase or how many improvements were made by one or another owner. All residents who have a share manage the property, make repairs, redevelopment, by mutual agreement.

If one of the owners decides to sell, donate or abandon his part, he can do this without waiting for a positive response from other property owners. However, they have a pre-emptive right to purchase part of the apartment if it is sold to an outsider.

Own

This type occurs when housing is purchased by spouses using common funds or after its privatization. Of course, each family member has his share, but these parts are not specifically defined and are considered absolutely equal. The husband and wife dispose of property by mutual agreement. In general, everything that the spouses acquired during the marriage is considered common, except for things for personal use, and this does not depend on the fact that one worked and the other took care of the house and looked after the children.

When entering into a marriage, a marriage contract can be drawn up between people; it can stipulate what property or part of it will belong specifically to each person. They can also enter into other agreements between themselves that are permitted by law.

Each spouse can enter into agreements with third parties such as: lifelong maintenance, purchase and sale, exchange, donation, regarding the part of the housing they own, only after its allocation or determination of the procedure for using the property. You can include a share in your will without separating it or dividing it.

Property rights between family members continue to apply after the termination of the marriage. Unless otherwise agreed in the prenuptial agreement or agreements concluded between the spouses during the marriage. Property that belongs to the family can be divided among its members by mutual agreement; if this is not reached, then the dispute must be resolved in court.

Ways to purchase private property

There are several ways to purchase residential real estate:

1. Privatization of housing belonging to the housing stock.
2. Purchasing houses and apartments from individual developers or other housing construction projects.
3. Drawing up a purchase and sale agreement.
4. Obtaining housing through inheritance or donation, as well as on other grounds provided by law.
5. Participation in housing cooperatives or condominiums.

Privatization

One of the possibilities for acquiring ownership of residential real estate, an apartment or a house, related ancillary buildings, plots of land or part thereof is privatization. Everyone, in accordance with current legislation, has the right to purchase housing once through its privatization.

Ownership of real estate can be registered in this way if a social tenancy agreement has been concluded between the state and the person.

Property cannot be privatized if it:

• recognized as emergency;
• located in closed military camps;
• This is service housing;
• dormitories;
• premises located in rural areas and owned by the fund of stationary institutions for social protection of the population.

A child who grew up in an already privatized apartment and part of it is registered in his name, after reaching the age of majority, can once independently, free of charge, privatize another housing.

A person who privatized housing and then changed his mind and returned it to the state can no longer privatize an apartment or house for free.

In order to privatize, you need:

1. So that everyone registered gives their consent.
2. A written refusal is required from someone who does not want to take over the part that belongs to him.
3. Participation in privatization 1 time.
4. It must be recognized as non-emergency.

There are several positive and negative aspects that a person faces after the privatization of housing. The advantages include the right to bequeath or lease it, pledge it, sell it and make other transactions not prohibited by law.

The owner can register any person in the house or apartment. It is almost impossible to take away privatized housing; the only way is to do it through the court, putting the property up for public auction, and returning the proceeds to the owner of the property.

The negative aspects include the fact that you have to pay a tax annually for privatized housing. Its size ranges from 0.1 to 2.0% of the property value. Its price is determined by the BTI, and today it is not very high, but soon they plan to charge a tax not on this amount, but on the cost of the apartment on the housing market. Also, utility bills are much higher than those paid by residents of non-privatized apartments.

Documents confirming rights to real estate

This can be confirmed by certain legally established contracts and certificates. Very often they are different for each owner.

Papers giving the right to real estate can be divided into three types:

1. Title deeds:
   • agreement on purchase and sale, lease, exchange, gift;
   • a certificate of the right to inherit by law or will, of the acquisition of an apartment at a public auction, of the right to a share in the joint property of spouses;
   • the court's decision. All listed documents, except the last one, must be notarized.
2. Technical certificate. Issued after carrying out a technical inventory of an apartment or house by BTI employees. This document describes the technical condition of the housing and its inventory value. The registration certificate must contain the address, information about the building in which the apartment is located, area, number of rooms and data on the redevelopment carried out.
3. Certificate of ownership. Such a document can be obtained from the BTI if you already have a technical passport and a title document.

Having in hand the entire set of documents listed above, the owner of the apartment can completely dispose of it: sell, donate, bequeath, and also enter into other types of contracts provided for by the current legislation of the Russian Federation.

It often happens that one apartment has several owners at once. They know that the apartment is in their shared ownership, and if there are no conflicts or the need to somehow dispose of their property, they do not go into much legal detail. But at some stage all the nuances can become very relevant. Let's try to figure it out What is the difference between shared ownership of an apartment and, say, ownership of a room in an apartment.

Shared ownership: opportunities and limitations

Shared ownership differs from common joint ownership in that the part of each of the owners of this property is clearly defined, but they all jointly manage this property. Article 288 of the Civil Code of the Russian Federation clearly states that the owner has the right to own, use and dispose of the residential premises that belong to him.

The rights of the owner are named in Article 30 of the Housing Code of the Russian Federation, and they boil down to the following:

• the owner of the property may exercise the rights of ownership, use and disposal of the premises that belong to him in accordance with its purpose;
• he has the right to provide this premises for the possession or use of other people on the basis of rental agreements, free use or other grounds specified by law

These rights equally belong to all owners of an apartment that is in shared ownership, and everyone has the right to live in it and move members of their families into it. At the same time, when selling a share of your apartment, renting it out, or moving other people into it, you have to take into account some restrictions prescribed in Article 246 of the Civil Code of the Russian Federation.

It says that disposal of property that is in shared ownership is possible only by agreement of all owners. That is, everyone can have their share, but for this it is necessary to agree on this issue with all other owners. Moreover, before selling his share to an outside party, its owner must ensure that other owners waive their right of first refusal. The mistake is made by those who offer their co-owners to buy their share at too high a price. The fact is that after this they no longer have the right to sell it cheaper to other people.

The consent or refusal of other homeowners must be documented in writing.

How does shared ownership of an apartment differ from private ownership?

Often, shared ownership of an apartment is confused with private ownership of a room or apartment in an apartment building. In fact, as Article 36 of the Housing Code of the Russian Federation states, common areas that are not parts of apartments and serve more than one room in the house belong to the right of common ownership. These include stairs, basements, elevators, technical floors, attics, sanitary equipment, and so on. In addition, the common property of the residents of an apartment building also includes the land plot where the house is located and the facilities intended to service the house and located on this plot.

As for the owner of a share in the ownership of an apartment, he still has slightly fewer rights than a person who is the owner of the entire apartment, or the owner of a room in. Those who solely own an apartment can dispose of it without anyone’s consent. They don’t necessarily need to notify anyone about this. But the owners of rooms in communal apartments are still obliged to do this, since they also have the right of common shared ownership of common areas (for example, a kitchen, a corridor, a bathroom). You can change, sell or rent out your room in a communal apartment only with the consent of your neighbors. But if a tenant of a communal apartment can only dispose of his own room, if he owns it solely, then the owner of a part in a separate apartment has the opportunity to dispose of a share of the entire apartment.

Allocation of share in kind

Conflicts between the owners of shares in an apartment are, unfortunately, not that uncommon, and often they result in the decision of one of the co-owners of the property to secede by any means from those with whom it has become impossible to share the territory. In this case, you can go one of three ways:

• sell your share to anyone who wishes to purchase it;
• determine the procedure for using residential premises;
• allocate a share in kind.

As practice shows, selling a share in a residential property is fraught with many difficulties. The new owner of part of the apartment may have the same problems as the seller of this share, unless, of course, it was acquired by representatives of the second conflicting party. Few strangers would want to move into a problem apartment. So you have to sell your part at a very low price.

The best option is, referring to Article 252 of the Civil Code of the Russian Federation, to demand the allocation of your share from the common property. This means that a person is recognized as having the right of private ownership of a separate isolated room - for example, one of the rooms in an apartment or in a private house.

True, the forced allocation of a share in kind is not provided for by law in all residential premises. To do this, it must also be technically possible to divide all the utility rooms, as well as a separate entrance, which is hardly realistic in the conditions of an apartment building. Therefore, in such cases, at the request of the plaintiff, the court determines the procedure for using the property, and it becomes clear who uses which room.

You can also negotiate with other homeowners agreement on real allocation of shares, on the basis of which to use the property, which is very difficult when the conflict has already flared up, and all decisions are made emotionally.

By and large, each situation has its own nuances. Therefore, those wishing to dispose of their share in common property should definitely consult with a good lawyer specializing in housing issues.

Own- a historically determined form of appropriation of material goods by people. With a more thorough analysis of its content, its economic and legal aspects come to the fore. They are closely interconnected and interdependent.

Type of ownership- this is a type that is characterized by the subject and the peculiarities of its connection with the object.

The interaction itself directly depends on the type of socio-economic system. Each object and subject, in turn, corresponds to special forms. The criteria are quite diverse and can be classified according to many criteria: property rights, methods of appropriation, etc. Let us consider further what the form of ownership may be.

Classification of forms of ownership

Property can be classified in various ways, for example:

1. According to the form of appropriation of various forms of property (individual, collective and state property).
2. According to the form of ownership (private, state and joint ownership).
3. By type of production relations (primitive communal, feudal, capitalist, socialist, slave).

According to the Civil Code of the Russian Federation, the following forms and types of property are fixed in Russia:

1. State
2. Municipal
3. Private
4. Public

The defining type of property in a market economy is private property.

Types of private property

Private property can appear in the following basic forms:

• Single property - characterized by the fact that physical. or legal A person realizes all property relations. The owner of a private enterprise can use the labor of his family or hired workers;
• Partnership ownership - it offers the association in one form or another of property, capital, several legal entities or individuals for the purpose of carrying out common business activities;
• By type of desk. own We have an LLC (limited liability company) and an ALC (additional liability company).
• Corporate ownership is based on the function of capital, which is formed through the free sale of titles to one’s own shares in an OJSC (open joint-stock company).

Forms of public ownership

Public property exists in 3 main forms of ownership:

• Collective property is formed by distributing it among the members of the team at a given enterprise, CJSC (closed joint-stock company).
• State property - it releases all members of society as owners, the implementation of relations, appropriation through ownership relations is carried out by the state. apparatus. Directive relations are implemented by state economic entities. own
• Public property - it offers ownership of the entire social state directly, directly and simultaneously to everyone individually. This form of ownership was enshrined in the Russian constitution and was a form without content.

State property

State property- ownership of property either by the state (the entire Russian Federation) or by a subject of the state (for example, Moscow).

Municipal property

Municipal property- property owned by the municipality (municipal entity). And a municipality is, to a certain extent, a public entity independent of the state, based on the principles of civil society and self-government. In other words, bodies acting in the interests of the public in a certain territory.

At all times, there have been disputes and conflicts between people over the ownership and use of material goods and services. The basis of any system of economic relations is property. The nature of exchange, consumption and distribution also depends on the type of property. When buying an apartment or exchanging it, it is very important to know what kind of property we are talking about. We will consider below what types of apartment ownership exist. And also what is their peculiarity.

Types of real estate ownership

First, let's find out what applies to real estate. These are objects whose location cannot be changed. The owner exercises his right to dispose of property at the location of the property.

There are the following types of real estate:

• State. The owner is the state or its subjects.
• Collective. The owner is the local government.
• Private. The full owner is an individual or legal entity.

According to the legislation of the Russian Federation, a citizen can have an unlimited number of objects of ownership, and there is also no limit on their value. All private property must be registered. She is subject to the right of immunity.

Types of apartment ownership

The owner of the apartment can be:

1. State or municipality. That is, this includes municipal authorities and state property management committees.
2. Private person. The apartment belongs to a family or one individual. Private real estate is divided into:

• Individual.
• Collective.
• Share.
• Common share and joint.

How to purchase private property

There are several ways to purchase housing:

The type of property when buying an apartment is of great importance. Let's consider what joint and shared ownership are and what their distinctive features are.

Joint ownership

An apartment that is purchased during marriage and registered in the name of one of the spouses, since there can only be one owner of the property, rightfully belongs to both. The documents may not include a wife or children. But all property acquired during marriage is considered common and belongs to both spouses on equal terms.

An exception may be a provision that is included in the marriage contract by prior decision of both parties. It specifies the terms of disposal of the apartment, regardless of who invested how much money in it and when it was purchased. A marriage contract can be concluded not only before marriage, but also during cohabitation.

Joint ownership is the ownership of a territory on equal rights and it is unacceptable to conduct property transactions without allocating shares. - when transferring property from one person to another, it will be necessary to establish the share of each owner.

Features of the sale of joint property

I would like to note that even after the spouses divorced and the apartment was not sold, the rights to the real estate are retained. Let’s look at how types of joint ownership of an apartment affect sales below.

If one of the former spouses wants to sell or exchange the apartment, he will need the consent of the former spouse.

When selling an apartment, you must obtain permission from all co-owners. If the spouse is not one of them, additional consent is still required from him.

When drawing up a purchase and sale agreement, the parties are:

• Owners.
• Buyer.
• You can use the services of a proxy, a person who, under a power of attorney, has the right to represent one of the parties.

After drawing up the contract, you must contact the cadastre and cartography department in order to register the transaction.

Share in ownership of an apartment

Types of shared ownership of an apartment:

• Share.
• General share.

With this form of ownership, the share of each apartment owner is determined. These may be equal parts or not. This happens if one of the owners contributed more to the purchase or renovation. Repairs, reconstruction, and disposal of property must occur by mutual agreement of the owners. If such agreement is not reached, it is adjudicated by the court.

Housing shares can be real or ideal. The real share implies separate housing and a separate entrance. Accordingly, this is only possible in a private home. In the case of multi-apartment housing, shares can only be ideal.

Very often it is difficult to identify a real or ideal share, since there is a discrepancy in income, investments and many other nuances.

If one of the owners decides to sell his part or donate it, he will not be able to do this without the consent of the other owners. Shareholders have an advantage over the purchase of the part of the housing being sold to a stranger.

Confirmation of joint ownership of the apartment

First of all, you must have the following documents:

• Marriage registration certificate.
• Passports of wife and husband.
• Documents confirming the birth of the child.
• Marriage contract, if any.

This is also confirmed by:

• Certificate of ownership or warrant.
• Legal acts.
• Certificates, contracts, receipts.
• Payment of a share, if this is participation in
• Contribution of a share in the capital.
• Making a contribution.

All transactions must be documented.

Tax deduction

According to the legislation of the Russian Federation, from January 1, 2014, if you purchased housing in joint ownership in 2014, you have the right to take advantage of a tax deduction in the amount of actual expenses incurred for the purchase of housing, but not more than 2,000,000 rubles. All owners have this right, regardless of the type of ownership of the apartment.

3-NDFL (tax return form) is submitted to the tax office by each property owner, and the necessary documents must also be attached. Namely:

• Application by the taxpayer to divide the tax deduction between co-owners, if he decides to exercise such a right.
• The type of ownership of the apartment must be indicated in the declaration. This statement does not guarantee or constitute a basis for payment to all co-owners.

To make the payment, the co-owner of the apartment must contact the tax office personally, filling out an application and submitting a 3-NDFL tax return. If the taxpayer does not perform these actions, it is considered that he did not exercise the right of deduction.

If, according to documents, the spouse is the owner of the apartment, he can apply to the tax office to receive a deduction without notifying the second spouse and not submit an application for distribution of the deduction. The second spouse will need to submit an application for distribution with the agreement of his significant other.

Privatization of an apartment

Types of property subject to privatization:

Privatization is one of the most popular ways of purchasing housing. According to the law, a citizen has the right to participate in the privatization of housing once.

Types of ownership of an apartment and conditions under which privatization is impossible:

• Housing is official, that is, state property.
• Dormitory premises.
• The housing is located in a closed military camp.
• The apartment is located in a rural area and belongs to the fund of social protection institutions.
• The living area is recognized as unsafe.

If a child grew up in a privatized apartment with a part registered in his name, then when he reaches the age of majority, he has the right to privatize another apartment completely free of charge, but only once.

A person who exercised the right to privatize housing, but then refused and returned the housing to the state, no longer has the right to free privatization.

Requirements for privatization of housing

Before privatizing housing:

• Everyone registered in the apartment must give their written consent.
• Those who refuse to register their shares must write a written refusal.
• Housing should not be considered unsafe.

Previously, we described the types of ownership of an apartment that can be privatized.

Anyone who privatizes housing has the right to do it 1 time.

Pros and cons of privatization

The advantages of privatization are as follows:

The apartment can be:

• Rent out.
• Bequeath.
• Submit on bail.
• Sell.
• Present.
• You can also register any person.
• It is possible to take away a privatized apartment only in court, and the money is returned to the owner.

The disadvantages of privatization are as follows:

• An annual housing tax is paid. It is 0.1-0.2% of the cost of the apartment. The tax is determined by the BTI. In the future, it is planned to proceed from the market value of the apartment, this will significantly increase the amount of tax.
• for a privatized apartment is higher than for a state-owned one.

Features of communal housing

What are the different types of ownership in a communal apartment? She may be:

• Individual - for each room.
• Share.

The Housing Code regulates registration standards in a communal apartment, according to which registration in such a living space is possible only with the consent of all co-owners. Their permission is also required to register your family members. Consent is not required only for registering your own children.

When selling, the consent of the residents is not required if ownership is registered for each room.

If the entire communal apartment is the property of co-owners, that is, each owner has his own share in the sale, permission from each owner is required. However, I would like to note that in this case it is possible to bequeath a room without the consent of the neighbors.

You can sell a room in a communal apartment to a stranger only after the other residents refuse to buy it. To comply with the sale procedure, letters must be sent to all residents notifying them of the price and terms of sale. If there are several people interested, and you cannot decide within three months, they can go to court and resolve this issue.

You can rent out a room only with the permission of your neighbors.

Title documents for the apartment

What should be the ownership rights to the apartment, the type of necessary documents is listed below:

• An agreement, certified by a notary, on purchase and sale, on donation, on exchange or lease.
• A certificate certified by a notary about the right of inheritance by will, by law.
• Certificate for part of the apartment, certified by a notary.
• The court's decision.
• Technical certificate.
• Certificate of ownership.

Having the above title documents, a technical passport and a certificate confirming ownership, you become the full owner of the apartment.

When purchasing a home, you must use the services of trusted real estate companies. It is advisable to make a purchase with the help of a competent lawyer; he will help you understand all the issues and will not allow you to miss important points. This will ensure a quiet life in your new apartment and eliminate unpleasant surprises.