What types of property are there? Features, requirements and recommendations

At all times there were disputes and conflicts between people about 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 ownership that exists. When buying an apartment or when exchanging it is very important to know what kind of property is involved. What types of property for the apartment exist, we will consider further. And also in what their feature.

Types of ownership of real estate

To begin with we will find out what relates to real estate. These are objects whose location can not be changed. The owner enjoys his right to dispose of property at the location of the property.

There are such types of real estate:

• The state . The owner is the state or its subjects.
• Collective . The owner is the local government.
• Private . A full-fledged host is a natural or legal person.

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

Types of ownership of the apartment

The owner of the apartment can act:

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

• Individual.
• Collective.
• The share.
• Common equity and joint.

How to buy a house in private ownership

You can buy housing in several ways:

• Through the contract of sale.
• Residential area can be obtained as a legacy or as a gift.
• You can buy a house or an apartment from an individual builder or in any housing construction.
• Through participation in a housing cooperative or condominiums.
• By privatization of housing, which refers to the housing stock.

The type of ownership when buying an apartment is of great importance. Consider what constitutes joint and shared ownership and what are their distinctive features.

Joint ownership

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

An exception may be a provision that is entered into a marriage contract by a preliminary decision of both parties. It specifies the conditions for disposing of the apartment regardless of who invested in it and when it was acquired. A marriage contract can be concluded not only before marriage, but also during cohabitation.

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

Features of the sale of joint property

I want to note that even after the spouses divorced and the apartment was not sold, the rights to real estate are preserved. As the types of joint ownership of an apartment affect the sale, we will consider further.

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

When selling an apartment, you need to obtain permission from all co-owners. If the spouse is not included in their number, it still requires additional consent.

When drawing up a sales contract, the parties are:

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

After drawing up the contract, it is necessary to apply to the Cadastre and Cartography Department in order to register the transaction.

Ownership of an apartment

Types of shared ownership of the apartment:

• The equity.
• The total equity.

With this form of ownership, the share of each apartment owner is determined. It can be equal parts or not. This happens in the event that one of the owners made a greater contribution when buying or repairing. Carrying out of repair, reconstruction, and also disposal of property should occur by mutual consent of the owners. If such consent is not attained, it shall be pronounced by the court.

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

It is often difficult to single out a real or ideal share, since there is a discrepancy between incomes, investments and many other nuances.

In the event that one of the owners decides to sell their part or donate, he can not do this without the consent of the other owners. Interest holders have the advantage of buying a sold part of housing to an outsider.

Confirmation of joint ownership of the apartment

First of all, there should be the following documents:

• Certificate of marriage registration.
• Passports of the wife and the husband.
• Documents confirming the birth of a child.
• A marriage contract, if any.

And also serve as confirmation:

• Certificate of ownership or warrant.
• Legal acts.
• References, contracts, receipts.
• Payment of the share, if it is participation in shared construction.
• Entering a share in capital.
• Contribution.

All operations must be documented.

Tax deduction

According to the legislation of the Russian Federation, from January 1, 2014, if you acquired housing in joint ownership in 2014, you have the right to use the tax deduction in the amount of actual expenses incurred for the purchase of housing, but not more than 2,000,000 rubles. This right is enjoyed by all owners, regardless of the type of ownership of the apartment.

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

• A taxpayer statement on dividing a tax deduction between co-owners, if he decided to exercise such a right.
• It is necessary to indicate the type of apartment ownership in the declaration. This statement does not guarantee payment to all co-owners and is not the basis for this.

For payment it is necessary to apply to the tax inspectorate personally to the co-owner of the apartment, at the same time drawing up an application and submitting a tax return of 3-NDFL. If the taxpayer fails to comply with these actions, it is considered that he did not use the right of deduction.

If under the documents the spouse is the owner of the apartment, he can apply to the tax inspectorate to receive a deduction without notification to the second spouse and not to submit an application for the distribution of the deduction. The second spouse will need to submit a statement of distribution with the agreement with his second half.

Privatization of the apartment

Types of property subject to privatization:

• Personal property. The owner is one person.
• The equity . It is popular in the privatization of communal apartments. Required exact sizes of shares of each owner.
• The general share. Equal shares are provided for all tenants of the apartment.
• The general joint. Applicable to married couples and their underage children.

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

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

• Housing is official, that is, state property.
• Accommodation hostel.
• Housing is in a military town of a closed type.
• The apartment is located in the countryside and belongs to the foundation of social protection institutions.
• The living area is recognized as emergency.

If a child has grown up in a privatized apartment with a part designed for him, then when he reaches the age of majority he has the right to privatize another housing completely free of charge, but once.

A person who took advantage of the right to privatize housing, but then refused and returned housing to the state, has no more rights to free privatization.

Requirements for housing privatization

Before you privatize housing:

• All those who are registered in the apartment must give their written consent.
• Those refusing to register their shares must write a written refusal.
• Housing should not be recognized as an emergency.

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

Anyone who privatizes a home has the right to do this once.

Pros and cons of privatization

Pros in privatization are as follows:

The apartment can be:

• Lease out.
• Bequeath.
• Bail.
• Sell.
• To give.
• You can also register any person.
• To take away the privatized apartment is possible only in a judicial order, and money is returned to the owner.

The disadvantages of privatization are as follows:

• An annual tax on housing 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.
• Communal payments for a privatized apartment are higher than for public ones.

Features of communal housing

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

• Individual - for each room.
• The equity.

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

When the sale is not required the consent of the tenants, if each room is registered with the right of ownership.

If the whole communal apartment is the property of the co-owners, that is, each owner - his share in the sale, you need the permission of each owner. However, I want to note that you can leave a room in this case without the consent of neighbors.

To sell a room in a communal apartment to an outsider is possible only after the remaining tenants refuse to purchase it. In order to comply with the sale procedure, it is necessary to send letters to all tenants with a notice of the price and terms of sale. If there are several applicants, and you can not decide within three months, they can apply to the court and resolve this issue.

Rent a room is possible only with the permission of neighbors.

Title documents for an apartment

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

• The contract, notarized, about the purchase and sale, the gift, the exchange or lease.
• The certificate, notarized, about the right to inherit by will, by law.
• Certificate for part of the apartment, notarized.
• The court's decision.
• Technical certificate.
• Certificate of ownership.

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

When buying a home, you need to use the services of trusted real estate companies. It is advisable to engage in buying with the help of a competent lawyer, it will help you understand all the issues and will not allow you to miss important points. This will ensure a quiet life in the new apartment and eliminate unpleasant surprises.