Joint ownership - the concept and grounds of occurrence

According to Article 209 of the Civil Code, ownership is the right to own, use and dispose of their property. The law allows the owner to perform any actions with his property, including his alienation. However, these actions should not be illegal, should not violate the rights of citizens and other legal entities and individuals established by the Constitution and other laws.

The right of common ownership of property appears when the property is owned simultaneously by two or more persons. Quite often, individuals and legal entities acquire property in common, it is financially advantageous, or is a consequence of a confluence of various circumstances. As a result, this issue becomes the most urgent, and the legislator devotes a number of articles to the civil code.

As follows from the law, common property can be shared, as well as shared.

Equity ownership arises in the event that the share of each of the participants in the property is determined by the agreement concluded between them or by a court decision. In other situations, joint ownership appears.

In the Civil Code of the Russian Federation, article 253 deals with joint ownership of property. It specifies that persons who own property on the right of joint ownership dispose of, and also own and use this property together. Other conditions for the disposal, possession and use of property may be specified in the agreement between them. The article emphasizes that even if the transaction for the disposal of property is made only by one of the property owners, it still needs to obtain consent to such a transaction from all other participants in the joint property. At the same time, participants equally have the right to dispose, own and use their property. But the law allows other participants in joint ownership to demand recognition of such a transaction as invalid if they prove that the participant who made the transaction lacked the necessary powers, and the person with whom the party made the transaction knew or at least should have known about it .

Most often, joint ownership of property arises from the spouses. If there was no marriage contract concluded between the spouses, then all the things, items and real estate that the husband and wife could purchase during the marriage, will be considered their joint property. Such property can be and various inexpensive things, for example, tea service, and more valuable subjects (home appliances, furniture, vehicles). It should be remembered that the joint property of the spouses will also be the real estate acquired in marriage, even if it was purchased with the money of only one of the spouses, for example the husband, and the wife at that time did not work.

The joint joint property of spouses also arises if the property formerly owned by only one of the spouses has been significantly improved in marriage, at the expense of material investments, for example, overhauling the apartment. This does not take into account, for joint money made such improvements, or spouse invested in such improvements is their money, tk. In marriage all money resources are recognized as common, except for those received as a gift or by inheritance.

On such property, the spouses will be recognized as joint property by a court decision, unless the marriage agreement concluded by the spouses before the court decision is passed will provide for a different regime for such property.

It should be remembered that the right of ownership will arise only in one of the spouses for the following things, objects, other movable and immovable property:

- which was in his possession even before the marriage. If it is movable property, it is advisable to have checks and receipts confirming the acquisition date;

- things, items that were received by the spouse in marriage as a gift or by inheritance. It is desirable to make such notarial gifts, otherwise, in the event of a dispute over the ownership of these things, it will be difficult in court to prove that they were really donated only to the husband or only to the wife;

- property that is an object of individual use, for example, a toothbrush. It should be remembered that exceptions to this rule will be jewelry and luxury goods;

- and the last thing that will be recognized as property of only one of the spouses is the right to the result of intellectual activity.

Joint shared ownership between spouses arises when the property is divided, which the husband and wife acquired in marriage. The property is divided into shares, which in most cases are equal. However, the court can also recognize a larger share of joint property for one spouse than for the second if it considers that it is necessary to take into account the interests of common children under the age of eighteen who have remained with the first spouse. The court, when dividing shares, can take into account the interests of one of the spouses. Also, the shares can be divided unevenly, based on the terms of the marriage contract.

Not only between husband and wife, but also between other participants in joint ownership, it is possible to separate property and allocate shares of each of the participants, or only a share of one of them. The shares under the division will be equal, but another procedure for partitioning shares may be provided for by law or an agreement between the parties.