What is shared ownership of an apartment. What are the types of ownership? fractional ownership facts

Mikhail Romanovsky

Articles written

V modern society to have your own housing is a priority and common desire of almost every person. A similar trend emerged in the 1990s after the adoption of property laws allowing privatization. Residents of the Russian Federation now have the opportunity to legitimize their right to private property through several types of ownership: individual ownership, shared ownership of an apartment, common shared ownership, common joint ownership of an apartment. Until that moment, all real estate was state-owned. Public property was leased from the public.

Forms of property ownership

Real estate includes objects whose location cannot be changed, namely: residential premises and land plots. The owner exercises his right of private property directly at the location of the property. Each object has its own specific address. To determine the owner of the object, the following types and forms of ownership of real estate are assumed:

• state;
• collective;
• private.

The difference is that at state form the owner is the Russian Federation, as well as its subjects, in the second case - local authorities, and private form implies the ownership of property by individuals and legal entities. Regardless of the form of ownership, each owner, in addition to the right, also has certain obligations in relation to the property. State property has its own characteristics:

• in possession of the state may be even property withdrawn from circulation;
• only the state has the right to confiscate property from other owners;
• independent determination by the state of the conditions for the use of state property.

The state and subjects of the Russian Federation own real estate, which is necessary for the implementation of their functions. These can be buildings that house governments, the army, state enterprises, as well as defense facilities, factories. state property federal highways are also considered. In the Russian Federation, these objects are not subject to privatization, since they are intended to protect the interests of the population and the implementation of state goals.

The right of private property is an absolute, legally protected right to certain property of a particular person. Life is impossible without private property market economy. The legislation of the Russian Federation does not limit the permissible number of objects of ownership for each citizen, the maximum or minimum size property value. Private property is subject to the right of inviolability. All objects of ownership within the Russian Federation are subject to state registration.

Classification of private property

• individual - the owner is one person, is realized with the complete refusal of those living in the apartment from their right to private property;
• shared ownership of an apartment - used in the process of privatization of communal apartments, each owner has his own share of a certain size;
• general share - the shares of all residents are considered equal in the absence of other agreements in the privatization process;
• general joint - when inheriting housing at the same time by several persons, when acquiring at the expense of joint funds.

Joint ownership arises in the case of privatization of real estate by spouses and family members. Decisions regarding the disposal of property are made by all family members living together. If there is a need for one of the owners to sell their own part of the common property, the property is transferred to shared ownership. When buying a home owned by several people, the contract of sale must be signed with each.

Shared ownership involves the ownership of each tenant of a certain share of the apartment. The size of the share is indicated in the contract of sale and depends on the material contribution of each. The disposal of property is carried out with the consent of all owners. When disagreements arise regarding the ownership of shared property, the general defense of interests takes place in court.

Acquired with the capital acquired jointly during the marriage, real estate is considered the property of the spouses. The parts of each family member are considered the same. The disposal of housing occurs by mutual decision. When the division of property is not possible by mutual agreement, it is better to defend the right of private property in court. Protection of property rights is possible on the basis of the Constitution Russian Federation(Article 45).

Ownership process

As a result of changes in legislation and the formation necessary conditions to determine the boundaries of individual ownership, the attitude of the population towards property changed dramatically. Citizens of the Russian Federation can acquire individual housing by:

• privatization of real estate housing funds;
• execution of a purchase and sale transaction;
• purchase of housing from construction companies;
• receiving as an inheritance or as a gift;
• acquisition of housing with participation in housing cooperatives and other similar organizations.

To determine the boundaries and extent of ownership, apply the following types documents.

1. Title documents - fix the right of private ownership of a citizen in relation to certain property.
2. Technical passport - issued at the BTI after implementation technical inventory and contains information about the inventory value of the property.
3. Certificate of ownership - issued by the BTI on the basis of a registration certificate and a document confirming the right of ownership.

The process of purchase and sale must be confirmed by an appropriate contract drawn up in writing. It is better that the data about the object of the transaction are reliable and accurate. The agreement is intended to determine the conditions for the transfer of the right to housing and can later be used to protect the rights of the owner.

The seller undertakes to transfer the property for the agreed amount in deadlines under the specified conditions. State registration agreement is necessary for the agreement to enter into force. When transferring the object of the contract from the seller to the buyer, an acceptance certificate is signed real estate.

Privatization is considered to be one of the options for acquiring real estate, land or parts thereof. It is possible to use this right only once and on condition that an agreement has been signed between the person and the state social recruitment. One of the main requirements of privatization is the consent of all registered in the housing.


A minor who grew up in a privatized apartment retains the right to use the free privatization of other real estate after reaching the age of majority. Types of objects not subject to privatization:

• emergency real estate;
• real estate located in military camps;
• service housing;
• hostel buildings;
• premises located in rural areas;
• property of stationary institutions of social protection of the population.

In accordance with the laws of the Russian Federation, owners can dispose of real estate at their discretion. The owner has the right to prescribe any individual. The disadvantages of privatization are that such a right in without fail subject to taxation (the amount of annual payments is determined depending on the value of the property), and utility payments, as a rule, are higher than in non-privatized apartments.

Land ownership

Natural resources, including land, may belong both to the state and be in individual possession of citizens and legal entities. Therefore, to determine the ownership of land, the same types are used as in the classification of ownership of real estate.

object property law while acting land plot. The size and boundaries of the land plot are established in order to determine the rights to the land. Citizens of the Russian Federation have the same right to acquire possession of a piece of land permitted by law.

The owner can use and dispose of the land at his own discretion: place buildings on it or use it for agricultural purposes. Not only the upper surface layer, but also minerals and reservoirs are at disposal. At the same time, the use of the land plot must comply with the intended purpose of this category of land and the permit for its use.

Shared ownershipspouses is provided for by the legislative norms of the Russian Federation on a par with the joint. It is on the right of common fractional ownership the purchase of real estate and other valuable property is often formalized. What is the difference between these modes and why sometimes shared ownership is preferable, we will tell in our article.

The right of common shared ownership and joint ownership (signs according to the Civil Code of the Russian Federation)

Common shared and common joint ownership are of the same nature: both of them imply a plurality of owners of the same object of property. Moreover, each of them also has its own distinctive features.

The interpretation of the right of common shared ownership of the Civil Code of the Russian Federation involves the initial determination of the shares of ownership of property, which can be either equal or unequal. The disposition of property is carried out by the spouses within the limits of their shares.

There is no difference between shared ownership and shared ownership. According to civil law, these concepts are identical.

The joint property of the spouses does not imply the allocation of shares, and the disposal of property is carried out by the spouses jointly, based on the principle of good faith.

At the request of the spouses or an interested third party, the property in their joint ownership may be divided. The shares obtained as a result of such a division form a common shared property.

When does the joint property of the spouses arise?

The joint shared property of the spouses is formed when their property is not legal (established by the norms of the family legislation of the Russian Federation), but a contractual regime. By the will of the spouses, this happens:

Don't know your rights?

• when concluding a marriage contract (then this regime will apply to all joint property of the spouses, which they will determine in the terms of the contract);
• when concluding separate agreements on the acquisition (creation) of property.

In the latter case, one part of the property of the spouses may be subject to a legal regime, and for the other part, a contractual one.

In addition to the voluntary establishment of common shared ownership, there is also a forced one, which occurs in judicial order.

Common shared ownership of an apartment, house, land plot and its differences from joint ownership

Between joint property and shared ownership, the difference is more pronounced in relation to real estate. This is due to the fact that the ownership of real estate objects, along with rights, also establishes obligations for the maintenance of property.

The second factor that plays a role in the fact that spouses strive for a clearer demarcation of the shares of ownership of real estate is its value. The price of real estate, as a rule, is high and therefore significantly affects the interests of the parties.

With this in mind, Russian civil law establishes a special order of disposal for real estate, deviating from the principle of good faith, which is a postulate of joint ownership and distinguishes it from shared ownership. We are talking about the requirement of a notarized consent of the second spouse to a transaction with property that constitutes common joint property. However, the deviation from the principle of the presumption of good faith does not cancel other signs of joint ownership (and its differences from common shared ownership), including the equality of spouses in the disposal of property.

Determination of shares in the right of common shared ownership

The termination of the joint ownership regime and the transition to common shared ownership may occur due to the fact that:

• the spouses established shared ownership with the definition of shares belonging to both parties at the time of acquiring the right of common ownership of the property;
• the spouses determined the shares of property ownership on the basis of mutual agreement by signing an agreement on the division of property or (in the absence of the consent of the parties) by applying to the court;
• a third party interested in determining the share of one of the spouses applied to the court (for example, when foreclosing on joint property) with an appeal to delimit shares in common shared property.

By mutual agreement of the spouses, the shares can be determined both in proportion to their contribution to the creation (acquisition) of property, and disproportionately. When determining the shares, the court in most cases proceeds precisely from the proportions of the contribution of each spouse.

Consequences of separating a share from common shared ownership

The allocation of the share of each of the spouses leads to the fact that they acquire the right to independently dispose of their share of the property and acquire the right of common shared ownership to it. At the same time, it must be remembered that the second spouse has the right of priority to acquire a share that does not belong to him, if the second spouse decides to sell it.

In addition, the allocation of a share will lead to the delimitation of responsibilities for the maintenance of property. In particular, this applies to the payment of taxes on common shared property, property insurance, as well as utility, operating and other expenses.

It should be especially noted that if the conditions for the ownership of common property are established by the marriage contract, then when it is declared invalid or terminated (both by a court decision and by mutual consent of the spouses), the parties return to the legal regime.

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If shared ownership was established by an individual agreement (for example, the acquisition of an apartment), then by decision of the parties or judicial authorities, the size of the shares can only be changed, but joint ownership can no longer be established. The only possibility for the parties to return to the joint ownership regime is to challenge the transaction in its entirety and declare it invalid - however, for this the parties must have very compelling circumstances.

Everyone wants to have their own apartment. However, there different types property - private, common, municipal, from which housing can be transferred to individual ownership.

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Not everyone has the opportunity to purchase their own apartment, many citizens continue to live in municipal housing, where they are only tenants.

In the article, we will consider what types of ownership of an apartment are in 2019, the features of each type and legislative regulation.

Basic moments

The term private property returned to the Russians in 1990, when a massive process of transferring apartments from municipal housing stock to private ownership began.

In 1991, privatization began, which continues into 2019. Let's consider the basic concepts, types of property and mechanisms for their regulation by legislative acts.

What it is

In 1991, a program for the privatization of municipal and state housing began to operate in the Russian Federation, as a result of which several types of apartment ownership appeared.

New legislation and programs to regulate housing relations were adopted.

Municipal property implies that the apartment is in the possession of the municipal authority and is provided to citizens on the basis of, that is, a citizen and members of his family have the right only to use housing as a tenant.

But they do not have the right to dispose of the apartment at their discretion. Private property means a full-fledged and legally protected right of a citizen to a specific housing.

Such living space must be registered with the registration chamber, and the owner has full right at its discretion, sell, change, transfer such an apartment by gift or donation, without asking the consent of the municipal authority.

Citizens in the Russian Federation can get an apartment in private ownership in several ways:

• public or municipal housing;
• registration ;
• purchase through and in housing construction;
• inheritance, in or on other statutory grounds.

In 2019, 4 categories of property are considered:

When it might come in handy

Every citizen should know the type of property in which the apartment is located, since this determines the degree to which a person can dispose of housing.

Citizens live in municipal housing on the basis of a social lease agreement and do not have the right to make any legal transactions with such an apartment.

After the privatization process, a citizen acquires housing in private ownership, therefore, without notifying the municipal authority, at will, make transactions with the apartment.

According to the legislation, every citizen has the right to once exercise the right to free and transfer housing from the municipal housing stock to private ownership.

The only exception to the rule are minors who participated in privatization in childhood, after reaching the age of majority, they can again take part in privatization.

Regulatory regulation

Regulate these issues regulatory legal acts:

This law defines the basic principles and procedures for the transfer of municipal property to the private property of citizens, specifies the required documents, criteria and a list of housing that is subject to privatization.

What type of apartment ownership

In this section, we will consider in detail each type of property, its nuances and specifics, so that when you make a privatization or purchase an apartment, you know your rights regarding housing.

If one of the co-owners wishes to sell, donate or exchange his share, then such living space must be transferred to shared ownership before the transaction.

Shares in joint ownership are disposed of by all participants by mutual agreement.

As a result of privatization, a citizen receives his own housing, and at the same time on a completely free basis. but privatized apartment has some specifics.

So the owner of the apartment must, in addition to, also pay the costs of maintaining the premises common use in good condition and repair.

In public housing, tenants do not pay these costs. After privatization, the owner will have to pay an annual amount, which is growing rapidly every year.

Video: property

Therefore, this nuance becomes an obstacle in the way for some citizens who prefer not to privatize housing in order to avoid paying tax.

Although in practice, citizens rarely coordinate their actions with the self-government body and independently rent out such apartments, although this action is illegal.

Get full rights to municipal apartment it is possible by registration of privatization or redemption from the municipality at the average market price. Then the owner acquires all rights to the full disposal of the property.

The Civil Code of the Russian Federation provides that any property, including an object, may be owned by several owners on the basis of common - joint or shared - ownership. Here we will consider the situation when the apartment is in joint ownership, that is, certain shares in it are not allocated.

Joint ownership: occurrence and features

The right of common ownership is traditionally understood as several people together and at their own discretion to use and dispose of the property that belongs to them on a trust basis.

The most common option for the emergence of joint property, provided for by the Civil Code of the Russian Federation, is the joint property of spouses (Article 256 of the Civil Code). This is only an apartment acquired during the marriage. It is worth emphasizing here that we are talking only about real estate that the family got as a result of so-called paid transactions. If the apartment was inherited by one of the spouses, or under a donation agreement, it is recognized as the private property of only this spouse.

True, if the second spouse has made significant improvements to the donated or inherited home, such property will already be considered joint. At the same time, the Family Code clearly states that improvements and changes should significantly increase. True, often, wanting to keep the property of each of them in its original form, the spouses sign a special agreement

There is another possibility of the emergence of joint ownership of housing, although not provided for by the Civil Code, but based on Law of the Russian Federation "On privatization housing stock In Russian federation" and in practice is not so rare. In that normative document it is said that a dwelling in joint ownership can be privatized by people who live together, regardless of whether they are related. The standard form of the privatization agreement contains a column that allows the citizens themselves to determine what property should be transferred to their apartment - joint or shared.

The co-owners of real estate can also be members of the farm, who are in close, trusting relationships.

From general to specific

It should be immediately noted that the community of property in joint ownership is expressed to a greater extent than in shared ownership. All owners of property use and dispose of it together, unless otherwise provided by such a document as a mutual agreement of all.

For example, if you want to sell an apartment that is jointly owned by the spouses, then both must be present during the transaction, and if one of the owners for some reason cannot appear in person, in this case, according to Article 35 of the Family Code, his notarized consent. In addition, if the apartment is jointly owned, the transaction can only be carried out in relation to its entirety - no one can sell only their share without its prior official allocation.

It is also important to understand that if the transaction was made by one of the co-owners who, according to their earlier agreement, did not have the right to do so, and the other party should have known about it, such an agreement can no longer be challenged. After all, counterparties are absolutely not obliged to delve into the internal relations of those who own property on the basis of joint ownership.

Joint ownership: how to sell your part?

We repeat: very often, the property of the spouses, who have not stipulated otherwise in the marriage contract, is in common joint ownership. While they live together, it does not matter, but in the event of a divorce, for example, one of them may need to sell his part. But in order for this to become possible, this share in joint ownership, one way or another, must first be allocated. Most often, in such cases, an agreement is concluded on the simultaneous allocation of a share. In some situations, a contract is more appropriate.

It should be noted that, unless otherwise provided by law or the relevant agreement, both in case of shared and joint ownership, the shares are assumed to be equal. It is important to know that if there is an intention to sell a share of common property, other owners always have the right of first refusal, and only if they do not express such a desire, it is possible to conclude a deal with an outsider. The sale of other owners must be notified in writing and, naming the price, it is not worth overestimating it, otherwise you will not sell your part of the property to an outsider cheaper. At the same time, other owners have only thirty days to decide on the purchase of the proposed share, and if during this time they do not take any action to acquire part of the housing, you can sell it to anyone.

If there are several who want to purchase your share, and all of them are co-shareholders, you have the right to independently choose an applicant for your square meters. In fact, selling your share of joint property is quite difficult, as well as generally disposing of it at your own discretion. Moreover, the share of each owner in the apartment, of course, is not indicated in any way, but is expressed only in numbers in the relevant documents, and quantitatively it is expressed in the form of fractions or percentages.

Researchers point out that a purely numerical expression of a share in no way reveals its legal nature and does not answer the question of whether each of the owners of common property has a share in the right to common property, a share in the property itself or a share in its value. Most issues related to the use of the shares being sold are resolved in court. Therefore, when acquiring a share, the new owner has to keep in mind that the conditions for using it may change, and they will have to be established through the courts.

concept common property arises when one object is owned by several persons (both individuals and legal entities).

Grounds for occurrence and types

This type of property arises due to various reasons: official registration of marriage; where several people live; creation of a farm, where there are several owners, etc. - in other words, when two or more persons take possession of property that cannot be divided into several parts, either by virtue of the law or without changing its purpose.

Two types of common property rights can be distinguished, which differ in the nature of ownership and are regulated by different rules:

• fractional ownership- type of property, which is characterized by the allocation of a certain share in the ownership of property, both movable and immovable;
• joint property- when the shares of ownership of the property are not predetermined.

Share in the ownership of the apartment - what is it?

When an apartment becomes the property of several persons and the shares of ownership are agreed in advance, we are talking about shared ownership of the apartment. In such a situation, housing can be disposed of only with the consent of all owners, regardless of the size of the share.

It should be understood that if all the owners live on the territory of the apartment, then it is not possible to actually divide the area in accordance with the shares of each according to the documents. In this case, the co-owners try to agree and share the living space, taking into account the life circumstances and needs of each. If this issue cannot be resolved peacefully, the owners go to court, where the procedure for using the living space will be determined. If it is necessary to change the order due to any new circumstances (for example, the birth of a child), the court may review the decision that was made earlier.

Normative acts that regulate issues in the shared ownership of an apartment

In order to determine the procedure for use and how co-owners can dispose of their shares, please refer to Civil Code Russian Federation (part one) dated 11/30/1994 N-51 FZ. Chapter 16 is entirely devoted to the regulation of common property rights.

If we are specifically interested in the right of shared ownership in an apartment, you should pay attention to the following articles:

• Art. 245. The article states that if shares in common property are not predetermined, then the shares will be considered equal. Also, when investing in improving the condition of property, the size of the share may increase in proportion to investments.
• Art. 246. Shared property may be disposed of only with the consent of the co-owners, while any of the owners has the right, etc. your share.
• Art. 247. Shareholders have the right to use property by agreement of all co-shareholders. Each of the owners has the right to receive his share for use, if in fact this is not possible, he has the right to count on compensation.
• Art. 248. Everything that the owners can receive as a result of the operation of shared property (income, fruits, etc.) is divided among the owners in accordance with their shares, unless otherwise agreed.
• Art. 249. Expenses for the maintenance of common shared property - all this is also divided among the co-owners in accordance with the size of the shares.
• Art. 250. This article describes the right of co-owners to the advantage of buying a share in common shared ownership, provided that the sale is not through a public auction.
• Art. 251. Upon sale, the share passes into possession from the date of conclusion of the contract, unless otherwise specified in the contract.
• Art. 252. The division of property may take place by agreement of all co-shareholders. Any of the co-owners has the right to allocate their share either by agreement of all owners, or by a court decision. If the allocation or division of property is not possible or prohibited by law, then the shareholder has the right to compensation, after receiving which, he is deprived of the right of ownership.
• Art. 255. The creditor has the right to apply to the court, if one of the owners in common property cannot repay the debt with the property that he has, to collect the share of the debtor, while the share can be sold both to the other owners of the property, and at public auction, and cash proceeds from the process will be used to pay off debts.

Recently, the changes have affected only the 1st paragraph of Article 250 of the Civil Code of the Russian Federation (the changes entered into force on 03/01/2015), which refers to the pre-emptive right of co-owners to purchase a share in common property. Points have been added where this advantage is abolished when selling property with, more precisely, a share.

Main problems: how to share, sell or rent a share in an apartment

So, the problems that people who own shared property face can be divided into several types: I want to have my own room, I want to sell or rent out my share. Let's take everything in order.

I want to have my own room

If you do not just own a share in the apartment, but you also have to live in it with other co-shareholders, the question arises: how to divide the area so that everyone has their own corner. This issue is regulated by law and is described in Art. 245 of the Civil Code of the Russian Federation - on the procedure for using residential premises. The first option for determining order is peaceful, because it is better to agree amicably with your neighbors and decide who and where will live.

Healthy! Even if you have agreed on everything with other tenants, it is best to formalize the use order with a notary, so that later you do not have to prove who said what.

Another option, when it is not possible to resolve the issue of accommodation peacefully, is to go to court. The court will take into account all the circumstances and divide the rooms between the owners, as it considers it right, not always taking into account the size of the shares of the owners. If one owner has a family, and the second one is single, then the first one will get a large room in size.

Want to sell my share?

When Cohabitation dissatisfied with one or more property owners, and they would like to receive their share in money equivalent, the question arises of selling a stake in shared apartment. In such a situation, there are several options:

1. If only one of the owners declares the sale of a share, then the rest of the tenants have an advantage over others who wish to purchase, and in this case it is necessary to obtain their consent. This right is regulated by Article 250 of the Civil Code of the Russian Federation.
2. If several co-owners would like to sell the entire housing, and one, who has an insignificant share that cannot really be allocated, does not agree, then you can go to court (on the basis of paragraph 4 of Article 252 of the Civil Code of the Russian Federation), where permission will be obtained to sell the apartment without consent " protester”, subject to the payment of compensation in the amount of his share of the total cost of the apartment.
3. If all co-owners are ready to leave, then they can simply sell the apartment and get each their share.

It is important to know that the sale of a share in an apartment comes out much lower than the cost of the same share if the apartment is sold as a whole. The difference in price can reach 15-25%.

How to submit your part?

Everything is very simple here - it is possible to rent or register someone on your part of the living space only with the consent of all owners, this issue is regulated on the basis of Article 246 of the Civil Code of the Russian Federation. If it becomes necessary to register a minor child, then this can be done without the permission of other owners, because children are registered at the place of residence of one of the parents (Article 70 of the RF LC, the norms of the Family Code)

The right of common joint property of the spouses

In order for the right of joint property to arise between a man and a woman, a marriage must be officially registered. Property acquired during marriage is jointly owned by the spouses, where each has an equal share. Another procedure may be established provided that a marriage contract has been signed, in which, with the consent of the husband and wife, the property rights regarding the property of each of them are indicated. Issues arising during the use and disposal of joint property are regulated by Article 256 of the Civil Code of the Russian Federation and Articles 33-39 of the IC of the Russian Federation.

The right to joint use includes property that was acquired by the spouses during the marriage, but it is important to know that this right does not apply to:

• acquired before marriage;
• resulting ;
• personal items.

All this is the separate property of the spouses.

For your information: the individual property of one of the spouses can be recognized as joint, provided that there were investments in it during the marriage, which greatly increased the value of the object (repair, restructuring).

Although when making transactions with joint property, the written or notarized permission of both spouses is not required (based on the fact that both spouses agree to the transaction and the other is not proven), but dispose of real estate or objects that require registration and / or notarization, spouses without a notarized consent of the other spouse cannot, in accordance with Art. 35 RF IC.

The division of property can be carried out both during marriage and at its dissolution. This process is regulated by Articles 38 and 39 of the RF IC. At best, the division takes place peacefully, when the owners agree on who gets what. If you cannot reach an agreement on your own, the only way out is to go to court. The court will establish the division of property in equal shares, so that both spouses receive equal shares of property in value. In the case when the shares are not equal, the spouse with a smaller share is assigned monetary or other compensation.

Very important point is not only the acquisition of property during the marriage, but also with what funds it was acquired, because This can greatly affect the decision of the court on the partition.

Example #1

The wife sued her husband for the division of the apartment, which was acquired during the marriage.

The court found that this apartment was bought with funds resulting from the sale of the husband's premarital property, which are not common property. In view of this fact, the court decided that the apartment was not subject to division, tk. is not joint property.

Example #2

The wife contacted judiciary for the division of property, including apartments, after the dissolution of the marriage.

The court stated that this apartment was not purchased by the spouses for common funds, but was donated to the husband as a military man, respectively, this property is not common and joint property and is not subject to division.

How is the division of real estate in shared ownership carried out?

The video shows the procedure, procedure and features of the division of property that belongs to more than one owner.