How to build a residential building with real savings! (Alexander Volyntsev). How to rent a house in a club: instructions, experience of visitors Advantages of joint purchase of real estate

Many houses are being built in partnership with relatives. But how not to be left with nothing in the end?

Building together is certainly easier and cheaper than building alone. Usually, such construction is carried out on its own, which also allows for good savings. But life is unpredictable, and it happens that happy new settlers gradually turn into irreconcilable enemies. This happens especially often when dividing a jointly built house. To avoid such a possible development of events, it is necessary to initially provide for some nuances, which the lawyer Oleg Sukhov told the "Owner" about.

Treaty Above All

The main thing that will help to avoid future conflicts is a simple partnership agreement. Oleg Sukhov says that “such an agreement gives rise to a regime of general shared ownership between relatives, combining funds and efforts for a common goal - the construction of a residential building. " After such an agreement, "construction" partners make contributions, which are initially assumed to be equal. If the contributions are different, then this must be indicated in the contract. It is worth knowing that the contribution of each of the participants can be not only money, but also any other property. For example, land plot, building materials or even professional skills in construction or business connections of someone from the family. But each comrade must contribute to the common cause.

Text of the contract

“When concluding an agreement, it is necessary to describe in detail the contributions of each participant and the forms of the contributed shares; common property based on the assessment of deposits, - says lawyer Oleg Sukhov. “In addition, do not forget about the clause governing joint activities and accounting for joint operations." It is worth noting that family ties should not affect companionship in any way. Each participant is responsible to the other for his contribution to the common cause. For example, one participant is responsible for the supply of materials, while the other is committed to building. In this case, the first partner must deliver on time necessary materials in accordance with the terms and conditions stipulated in the contract. The second is subject to quality requirements and deadlines. construction works... “Thus, if losses are caused by one of the participants in the construction, then they should be compensated for by him, and not distributed among all parties. So, in one of the cases, the Moscow City Court, canceling the decision of the court of first instance on the distribution of the amount of the increase in the cost of construction among all participants, indicated that, since the increase in the cost of construction was caused by the actions of only one of the participants who delayed the transfer building materials, it is he who must compensate the losses caused by this to everyone else, ”the lawyer notes.

Outsiders in construction

Construction is not always carried out exclusively by the parties to the contract. Sometimes third parties are involved. If the participants intend to invite such persons, for example, builders, and conclude a work contract, then all participants in the joint construction should become the customers. Sign the contract itself construction contract and both all comrades and one of them can monitor the progress of work. However, the selected person must have the authority of other participants to execute transactions on their behalf. For this, an appropriate power of attorney is drawn up.

Stop construction

There are times when the construction site stops halfway or even a decision is made not to finish building the house at all. In such situations, Oleg Sukhov advises early termination of the simple partnership agreement. As a result, each participant acquires the right to a share in an unfinished house. The size of the share and its type are determined by Article No. 252 Civil Code RF.

The lawyer recalls an example from his practice: “The brothers entered into an agreement on joint activities for the construction of a residential building, and each made a contribution stipulated by the agreement, but after a while the house was decided not to be completed, and the agreement was terminated in judicial procedure... After that, one of them went to court with a claim to recognize his ownership of a share in an unfinished building and to allocate this share in kind. The court of first instance dismissed the claim, citing the fact that in connection with the termination of the contract, the plaintiff has the right to demand only a return Money transferred to a partner during the term of the contract. However, the Presidium of the Moscow City Court, canceling this decision, reasonably indicated that the building in progress in the event of termination of the contract becomes the object of the right of common shared ownership of the comrades. Termination of the contract does not entail the termination of the right to common property, therefore each of the former comrades has the right to raise the question of determining his share and its real separation. "

Comrade leaves the construction site

There are situations when the contract is terminated in relation to only one of the participants, but remains in force in relation to others. In this case, as the lawyer notes, arbitrage practice the definition of shares is ambiguous: some courts proceed from the ratio of deposits that actually developed at the time of termination of the contract, which is absolutely fair, others - from the ratio provided for in the contract. Oleg Sukhov gives the following example: “Three relatives have teamed up to build country cottage where everyone had to finance a third of the construction cost. Accordingly, upon completion of the construction, each received 1/3 of the share, that is, the contributions of each to the joint activity were determined as equal. Two fully financed their share, and the third only half. The court decided to terminate the contract in respect of this participant and return to him the amount that he transferred according to his contribution (50%). After the house was completed by the remaining two, the third comrade went to court with a claim to recognize his right to a share in the built house, corresponding to the contribution made, and to allocate it by dividing common property. The court dismissed the claim, citing the fact that the termination of the contract and the payment of compensation excluded the possibility of acquiring ownership of the result of joint activities in the future. "

Thus, it is possible to build a house together with relatives. But it is necessary to conclude an agreement, which provides a description of the contributions of each participant and the procedure for determining the shares in the built house, as well as the consequences of termination and amendment of the agreement.

Pooling shopping is a trend that is gaining popularity in the real estate market among private investors. According to the players' estimates, the share of such transactions today is 5-7%, whereas three or four years ago they were single.

Collective mind

Most often, real estate is bought by relatives. “About 5-10% of the apartments in our facilities are registered as shared ownership. Basically, the buyers are families - spouses, brothers and sisters, as well as people who are in a civil marriage, ”Olga Kuznetsova, vice president of RED Development, told N&C. “During the year, the share of transactions in the total sales volume of the company, where two or more people appear as buyers of one apartment, is 12%. These are mainly relatives, "- the commercial director of FGC" Leader "Grigory Altukhov cites the data. However, over the past couple of years, the circle of such buyers has expanded, and among them you can increasingly find non-relatives.

The explanation for this phenomenon is simple. Real estate, as an investment instrument, has a fairly high entry threshold - from 3-4 million rubles. in the suburbs and from 6-8 million rubles. - in Moscow. At the same time, there are many people on the market who want to buy an apartment with investment objectives in a new building, having 2–3 million rubles, - this amount will not be enough if you do not use borrowed funds... But, having added up the capital, it is already possible to acquire the most liquid format - a one-room apartment in a new building.

The main advantage of this type of investment is the ability to invest in reliable asset with a minimal budget. If the project is of high quality, then the purchase of real estate in a new building at the level of the pit will in any case bring profit at least due to the increase in prices during the construction of the complex (30-40%). With a favorable economic situation to this can be added the market growth in value.

“If investors have about 1.5 million rubles each, then they are able to buy a separate house in the Moscow region together and get a good income, about 450 thousand rubles. for each, - says Yana Sosoreva, Deputy General Director for Sales of NDV-Real Estate. - The cost per square meter can grow by 30% or even more, it all depends on the characteristics and environment of the new building. A similar transaction can be repeated several times in a row: until the amount accumulates, allowing separately from each other to invest in real estate. "

Joint investments also make it possible to obtain additional bonuses and discounts when buying a large amount of space. For example, when a person has enough funds to purchase a floor in a club house, he may be puzzled by finding a companion with whom he will buy two floors in order to get a tangible discount for a major deal.

“If an investor comes to us with a solid capital (for economy class the amount of investment should be at least $ 1 million) and is ready to invest it in a project at the initial stage of construction, then we give a discount of 10-15% of starting price implementation, - says the chairman of the board of directors of the family of companies KASKAD Family Valery Mishchenko. - In fact, for us such investments are an alternative to lending. Only bank money is expensive for a developer - at least 16-17% per annum, and at the same time, the requirement to issue a pledge and surety must be fulfilled. Therefore, it is better to attract private investors by providing them with benefits ”.

“We have additional discounts for the purchase of several apartments or townhouses. Some clients, wishing to get the best price, bring friends, - says Ivan Tatarinov, commercial director of GLINCOM. - Together they purchase from two to five apartments and receive good discount- up to 7-10%. We had an example when four buyers took part in a deal at once. "

Addition rules

Often, it is with shopping together that many begin their investment activity... If earlier it was an obscure process in terms of technology, now more and more people understand it. In addition, this way of investing is more understandable and stable than the market. valuable papers, precious metals or currency.

In the case of collective investment, as a rule, an object is selected at the very initial stage of construction, with the lowest possible price per square meter. Most often these are studios or one-room apartments, that is, the most liquid asset that can be easily and quickly sold in any market situation.

The process of completing such a transaction is no more difficult than concluding regular contract equity participation in construction (DDU). Only in this case, several equity holders are prescribed in the preschool education institution and indicate the percentage of investments in accordance with the size of each contribution to total amount transactions. In order to avoid possible conflicts in the future, it is better to register all shares in the contract. When registering ownership, each participant receives a certificate.

If investors have about 1.5 million rubles each, then they are able to together buy a detached house in the Moscow region and get a good income, about 450 thousand rubles for everyone.

In this case, there can be any number of investors, there are no legal restrictions here. “Among the buyers of small properties, I managed to meet a maximum of four investors,” says Mikhail Kondyrev, managing partner of 33 Poselka. Two years ago, four people pooled land in the Yaroslavl direction. Initially, everyone planned to live outside the city, dividing 16 acres into four equal parts. Two have actually built houses and settled in them, while the rest are trying to sell their shares - there are difficulties due to the small size of the plots.

But most often two or three people decide on joint investments, otherwise the income received for each will not be so attractive. Mikhail Kondyrev gives another example.

Two friends have jointly acquired a plot in holiday village... To increase the attractiveness of the land, they built a house on it and successfully sold it for about 25% of the profit. The economics of the project is as follows: the plot cost about 2 million rubles, the cost of building a house and engineering communications amounted to less than 3 million rubles., and the sale price of home ownership - about 6.3 million rubles.

“In our project Loft Garden this year, two investors bought a small apartment with an area of ​​30 sq. m worth about 230 thousand dollars, - says O. Kuznetsova. - Unlike most cases of joint purchases, the shares were divided into unequal parts - 3/4 and 1/4. In the future, the owners are planning to lease the apartments. "

Basically, for joint investments, people who are versed in finance who trust each other unite. Often such clients are bank employees, as well as realtors, who know in advance about new ones entering the market. interesting projects... “In our practice, there was a case when a leading bank, which was a partner of a developer, offered preferential lending schemes to its employees in order to attract additional micro-investments into a project,” recalls Maria Litinetskaya. general manager company "Metrium Group". - Some employees have teamed up with colleagues and friends and bought out not a large number of apartments ".

Pooling deals are accompanied by higher risks, since there may be disagreements between investors, even relatives, on certain issues.

The main difficulty of collective investment is finding a reliable partner. First, you need a person with a certain amount of money who you can trust. Secondly, buyers must have a consensus on how to manage the apartment. Fractional ownership imposes a large number of restrictions - all actions with real estate, including sale and lease, will have to be coordinated by investors.

“Joint deals are accompanied by higher risks, since there may be disagreements between investors, even relatives, on certain issues,” notes Aleksey Olenev, Deputy Director of the Est-a-Tet New Buildings Department. - A common story when one wants to sell real estate and raise money, while the other believes that a greater profitability can be obtained by still holding the object. Sometimes it doesn’t even come to the conclusion of a deal, because already at the stage of selection the partners disagree, or someone even thinks about investing money ”.

Unite on forums and buy in bulk

Recently, another trend is gaining popularity - to pool funds for the wholesale purchase of apartments in new buildings. On the Internet there are forums of private investors offering to invest 4.5–5 million rubles. in real estate. Registers of participants are being created, funds for potential investments are being formed. The budget of one such fund is on average 100-200 million rubles. in Moscow and the Moscow region. As a rule, participants receive from developers the opportunity to purchase properties at a lower price than retail prices, preferences for payment schemes, and they can also select and book specific apartments before the start of sales. A similar investment procedure is already being applied abroad, and the US authorities have developed a legislative framework for crowdfunding, that is, public funding.

“Private collective investments really help save savings from inflation and bring a certain profit when buying apartments at an early stage of construction,” says M. Litinetskaya. “At the same time, it is important to invest in projects with certain prospects. Thus, the construction of a metro station or other socially significant objects near the house will undoubtedly lead to a significant increase in housing prices in the future. The risks of project failure can be reduced by seeking professional advice and choosing a reliable developer. If we talk about new for Russian market the phenomenon of crowdfunding, then in this case the probability of making a profit is even greater, since apartments are purchased, as a rule, in bulk with a certain discount. In the future, it is possible to transform such schemes into more complex financial models subject to the development and adoption of a legislative and regulatory framework. "

In fact, crowdfunding is an analogue of closed-end mutual investment funds (ZPIF) of real estate, with the only difference that in the second case, the approach to investments is more professional and reliable. Interest in closed-end real estate investment funds has also grown significantly over the past two years. In essence, these are the same collective investments, but under professional management. For example, in 2013 the Sberbank - Residential Properties”Raised 700 million rubles, in 2014“ Sberbank - Residential Real Estate - 2 ”is already three times more - over 2 billion rubles, which became a record for the market of Russian closed-end real estate investment funds. The number of shareholders also increased - from 500 to 700. Average amount investments amounted to 1–3 million rubles. “Shares of the fund have become an excellent way for investors to diversify assets through the liquid real estate market and get the profitability that is formed as a result of price increases when buying a home in the early stages of construction and selling at the time of high degree readiness ", - says Aleksey Novikov, head of the real estate fund management department, managing director of Sberbank Asset Management CJSC.

Private equity investment units are of interest to private investors for several reasons. Firstly, many funds have a comfortable entry threshold - you can invest an amount several times less than the price of the cheapest apartment in the Moscow region (due to the fact that this is a collective investment). There is a closed-end investment fund on the market with a minimum contribution of 500 thousand rubles. Secondly, the shareholder can be sure of a professional examination of investment objects, that is, new buildings, projects with a dubious reputation are not considered. Thirdly, the closed-end real estate investment fund offers investors a significantly higher profitability bank deposits due to more favorable conditions purchases (discount from the developer, which is possible with the wholesale of square meters). For example, ZPIF "Zhilaya Nedvizhimost" provided shareholders with a return of 17% per annum.

In general, according to experts, the collective investment method is justifying itself today. Private co-investment is an opportunity to invest the amount that you have without resorting to a mortgage. “Unlike an apartment bought with a loan, a shared home is easier to sell,” says Julian Gutman, director of the new buildings department at INKOM-Real Estate. - In this case, you do not need to repay the loan or transfer the debt to a new buyer. Accordingly, such objects are sold much faster, buyers are easier to find, and transactions bring more income. "

How to build a dream house ?!
Project "Master of Destiny"

For me personally, home is very important. This is not just a place to live, it is a place of Power. And when creating your home, the dream home, you need to take into account not only where what rooms and baths will be, this is important, but not so much, but first of all, to what extent all your needs and desires are realized in it.

He has almost twenty years of experience in personal construction of industrial, commercial and residential premises in Russia and abroad. More than 10,000 m2 in total. And I did not just stand next to me, but I invested, controlled, sometimes day and night, I was the chief engineer, and the chief executive officer, and the technical supervision, and the ideological inspirer, and the gendarme, if necessary - just a worker! Anything happened ...

The baggage of practical knowledge is colossal!

I select photographs from my construction site for the training about the dream house. And to be honest, when I see all these half-walls, half-roofs and pits, it takes a lot! Now you are sitting in a warm, cozy and very comfortable house, and you can't even believe that everything was in such chaos! It was ... Still, it was ... And here it is very important to go step by step, step by step. As they say - the eyes are afraid, but the hands are doing!

Building a house is also an excellent training in self-motivation, moral and financial discipline. Already where, where, but here it is for sure - the order beats the class!

A small photo report.

If you do not have enough hands, and the deadlines are burning - take the construction into your own hands!

Investments. Until recently, commercial real estate as an investment object remained practically inaccessible to individuals. Today this issue has been resolved by individual companies, and new participants are preparing to enter the new market.

Taking into account the trend of expansion of regional and international retail chains and the expectation of the arrival of new international operators in Russia, it is predicted that demand for high-quality retail premises with a favorable location will also persist. Meanwhile, the supply of such properties is also growing, as a result of which, according to Colliers International, rental rates in professional shopping centers have already stabilized last year. In general, according to the company's specialists, the profitability of investments in commercial real estate is gradually decreasing and today averages about 13-15% per annum for the best office properties. Moreover, in 1998-1999 it reached 25%, in 2000 - 22-23%, in 2001 - 20%, in 2002 - 17%.

Fleming buys Moscow. The professional level of development reached by the Moscow commercial real estate market attracts large Western investors. So, in the summer of this year, the British company Fleming Family & Partners announced the creation of a fund for investments in the capital's real estate. The estimated volume of investments that are planned to be directed primarily to office buildings class "A" in the historical center of Moscow, is about $ 60 million. The technology of work is as follows. The company buys the building with tenants and manages it for a certain period... Investors are periodically paid a kind of dividend. For several years, the capitalization of the object has been increasing, after which it is sold. The current profitability of such investments is estimated by experts at about 20% per annum.

Individual investors also have the opportunity to invest in commercial real estate and receive a stable income from one of the most reliable assets. There are already several intermediaries working in this market. Among them is one closed-end mutual investment fund.

Real estate goes to the stock exchange. The closed First Real Estate Investment Fund managed by Concordia Asset Management attracted funds from investors in March 2003. In contrast to the conservative Fleming Family & Partners, the Russian mutual fund is focused on investments in more risky, but at the same time, potentially more profitable properties. Namely: in development projects at the stages of readiness of the main documentary base. That is, at the expense of the fund, the construction of objects is being carried out with their subsequent leasing. According to the experts of "Concordia", the profitability of such projects can be from 25 to 70% per annum, depending on the sector and region of investment. During the initial placement, the fund accepted contributions in the amount of 16 million rubles or more. It was originally planned that investments Russian mutual fund will be three times "longer" than the British. They were designed for 15 years - expiration date trust management was determined on March 18, 2018. However, in September, the fund's rules were changed and the "length" of its investments was reduced to five years.

During the life of the mutual fund, the shareholders will annually receive "dividends", the amount of which will be 80% of annual growth share value. According to "Concordia", over the past six months, this growth amounted to 12%, or 24% per annum (in rubles). You can "fix" the received profit earlier the deadline- the rules of the mutual fund allow the free circulation of its shares. Today the shares of "First Investment" are included in the unlisted list of the MICEX, and from January 2004, organized trading on them should begin. For the time being, it is possible to buy shares only from their current owners. However, at the end of this year - early next year, the fund plans to conduct additional accommodation securities in the amount of 1 billion rubles. As reported to the magazine "Finance." at Concordia, the minimum entry threshold for new investors will be at least no lower than March.

In addition to the First Investment Fund, there is another specialized mutual fund in the market - the Real Estate Mutual Fund under the management of the Professional Management Company. However, there is no real estate in it.

Resort investments. The UMACO group of companies also plans to organize several closed mutual funds, the funds of which will be directed to the construction of hotel facilities and the development of infrastructure for accommodation of tourists. They will work as part of the Sochi hotel infrastructure development program. At the forum "Kuban-2003", which will take place on October 9-12, three projects will be presented in the form of investment summaries. The program involves mastering more than 50 land plots on the territory of Greater Sochi. It is planned that the "Resort" mutual funds will become one of the mechanisms for the implementation of this project. According to Roman Nakashidze, a specialist in the public relations department of the YUMAKO group, both legal and individuals... The preliminary cost of the "entrance ticket" will be 10 million rubles. In the future, it is planned to organize the exchange circulation of the shares of these funds.

Guaranteed yield. In addition to participation in shares investment funds, there is another way to invest in commercial real estate. For example, the Tonnex Group is launching an updated version of the Profitable Meter project in November. Its essence is as follows. Tonnex attracts a pool of investors whose accumulated funds are invested in commercial real estate (primarily in office and retail real estate within the Moscow Ring Road). The acquired properties are transferred to management companies that search for tenants and provide property maintenance. Investors buy shares in the company that owns the rights to real estate, thus becoming its co-owners. Facility managers provide the "title" company with a return on investment in square meters, a part of which will be paid to investors on a quarterly or annually basis. In fact, these are dividends, the amount of which is fixed in the agreement of the company managing the project ("Tonnex Group") with the investor at the level of 15-17% per annum of the amount of the deposit in US dollars (after payment of all taxes) and does not depend on the actual results financial activities companies. According to the director of "Tonnex" Andrey Tkachenko, this way the business risk for individual investors is removed. The contract fixing the regularly paid income is concluded for a period of three years. If, after its expiration, any of the co-investors decides to exit the project, Management Company undertakes to find a buyer for the shares owned by him or for the entire object and organize its sale. In any case, as Andrey Tkachenko said, the amount of the contribution will be paid to the investor in full. In this case, the received dividends will not need to be returned. By default, the agreement is extended for another three years.

Having decided to participate in the project, you should agree to take on certain risks, such as liquidity risk. Model contract does not provide for the possibility of returning the deposit earlier than three years later, so the investor, if necessary, will have to sell his shares. However, their buyers, according to Andrey Tkachenko, are likely to be willingly purchased by the management company itself or co-investors. As for the risk of unsuccessful investments, in this program, according to the management of "Tonnex", it is minimized. As a rule, investors' funds will be used to purchase real estate that has already been leased out on a long-term basis. Therefore, the real return on investment can be easily calculated. The regularity of dividend payments is additionally guaranteed reserve fund, which is formed from part of the profit received from the management of real estate. The same fund will be used if during the final sale of the object it is not possible to raise an amount sufficient to return all investment deposits... However, according to Andrey Tkachenko, the likelihood of such a situation is extremely small and comparable to the probability of a systemic economic crisis that affects all industries.

From November, the "entrance ticket" to the "Profitable Meter" will cost $ 30 thousand. Maximum amount investment is not limited. But soon less wealthy citizens will be able to participate in the program. At the beginning of next year, Tonnex plans to form a closed-end real estate investment fund, minimum amount investments in which will not previously exceed $ 5 thousand. After the formation of the fund, the issue of bringing its shares to the organized exchange market will also be resolved.

It's no secret that many houses, summer cottages, cottages are being built together with relatives: brothers, sisters, nephews and parents. It is much easier to build such a house together, and most importantly, it is less expensive. As a rule, without using the services construction firms and independently doing everything necessary work, you can save up to 50% of your money. But life, as you know, goes on as usual, and after some time, happy new settlers can turn into irreconcilable enemies on the basis of the division of the once amicably built house. Lawyer Oleg Sukhov ( ).

A simple agreement of difficult comrades
First of all, in order to avoid conflicts, it is necessary to conclude a simple partnership agreement (Chapter 55 of the Civil Code of the Russian Federation), which gives rise to a regime of common shared ownership between relatives, combining funds and efforts for a common goal - the construction of a residential building. So, the comrades make contributions that are assumed to be equal, unless otherwise specified in the contract. The contribution of each of the participants in the construction can be not only money, but also any other property: for example, the land plot of one of the comrades, on which the future structure will be erected, or building materials left over from the dismantling of a residential building belonging to another relative, and even professional skills in construction or business connections of someone from the family. Each comrade must contribute to the common cause.

What to write in the contract
“When concluding a contract, it is necessary to describe in detail the contributions of each participant and the forms of the contributed shares, the timing and procedure for depositing must also be indicated, since the determination of shares in common property is based precisely on the assessment of contributions,” says lawyer Oleg Sukhov. - In addition, do not forget about the clause regulating the conduct of joint activities and the accounting of joint operations. However, the general-purpose nature of relations in a partnership of relatives does not at all mean that they are not responsible to each other for the proper performance of obligations. If one participant undertook to transfer the property for use as a contribution, and participates in the contract in an arc, performing the work, then the first participant is responsible for the timely transfer and compliance of the transferred property with the agreed conditions, and the second can be subject to requirements for the quality and timing of construction. Thus, if losses are caused by one of the participants in the construction, then they should be compensated for by him, and not distributed among all parties. So, in one of the cases, the Moscow City Court, canceling the decision of the court of first instance on the distribution of the amount of the increase in the cost of construction among all participants, indicated that since the increase in the cost of construction was caused by the actions of only one of the participants who delayed the transfer of construction materials, it is he who must compensate the losses caused by this to all the rest ", - says the lawyer Oleg Sukhov.

Involvement of outsiders in construction
If the participating comrades intend to invite third parties, for example, builders, and conclude a contract for the construction of a house, then everyone should become customers, since upon completion of a large construction project, the house will be divided into predetermined shares. Both all partners and one of the participants can sign the construction contract itself and monitor its execution, in this case the powers of this partner to make transactions on behalf of all others are certified by a power of attorney.

If construction stops
It often happens that the once close-knit team of relatives decides to stop construction halfway and not finish building the house at all. What to do in this case? What are the consequences for the comrades of termination of the contract?

“If the decision about early termination of the contract is accepted in relation to all partners, then each acquires the right to a share in the unfinished construction object, the fate of which should be determined according to the rules of Article 252 of the Civil Code of the Russian Federation. Here is a vivid example from judicial practice: the brothers entered into an agreement on joint activities for the construction of a residential building, and each made a contribution stipulated by the agreement, but after a while the house was decided not to be completed and the contract was terminated in court. After that, one of them went to court with a claim to recognize his ownership of a share in an unfinished building and to allocate this share in kind. The court of first instance dismissed the claim, citing the fact that in connection with the termination of the contract, the plaintiff has the right to demand only the return of the funds transferred to the partner during the period of the contract. However, the Presidium of the Moscow City Court, canceling this decision, reasonably indicated that the building in progress in the event of termination of the contract becomes the object of the right of common shared ownership of the comrades. Termination of the contract does not entail the termination of the right to common property, therefore, each of the former comrades has the right to raise the question of determining his share and its real separation, ”emphasizes lawyer Oleg Sukhov.

Comrade leaves the construction site
Another situation arises if the contract is terminated only in relation to one of the partners, but remains in force in relation to the others. However, when determining shares in property rights, judicial practice is ambiguous: some courts proceed from the ratio of deposits that actually developed at the time of termination of the contract, which is absolutely fair, others - from the ratio provided for in the contract.

“I will give you another interesting case from practice. Three relatives have teamed up to build a country cottage, where each had to finance a third of the construction cost. Accordingly, upon completion of the construction, each received 1/3 of the share, that is, the contributions of each to the joint activity were determined as equal. Two fully financed their share, and the third only half. The court decided to terminate the contract in respect of this participant and return to him the amount that he transferred according to his contribution (50%). After the house was completed by the remaining two, the third comrade went to court with a claim to recognize his right to a share in the built house, corresponding to the contribution made, and to allocate it by dividing common property. The court dismissed the claim, citing the fact that the termination of the contract and the payment of compensation excluded the possibility of acquiring ownership of the result of joint activities in the future, ”sums up the lawyer Oleg Sukhov.

Thus, a well-drafted agreement between relatives should provide not only a detailed description of the contributions of each and the procedure for determining the shares in the common property right upon completion of construction, but also the consequences of termination and amendment of the contract, which will significantly reduce the likelihood of long litigation between relatives in the joint construction of real estate. ...