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Ownership issues are, perhaps, the first place among the many questions which are solved by the modern people every day. Unreasonably high real estate prices do not allow you to purchase an apartment or room.
Courts inundated with lawsuits, which concern requests resolving of disputable housing issues. Many problems in the field that is associated with the allocation of shares in a residential area.
In accordance with the current legislation the property may be owned by several persons. In this case we are talking about the right of common ownership.
If the shares of owners are defined, this property is in shared ownership. If the proportion is not established by the agreement and cannot be determined on the basis of the law, they are considered equal. The participants of shared property may establish a procedure for determining the change in the shares. Default common ownership of property is shared, unless the law stipulates the formation of joint ownership of property.
When joint ownership share is not defined. By agreement of the participants in joint ownership, common property can be set to fractional ownership. If no agreement is reached fractional ownership is established by the decision of the court.
Owners of property in common ownership to dispose of it by agreement, with each owner entitled to dispose of shares at its discretion in compliance with its compensated alienation of the right of the other parties share ownership of the right of priority of purchase of a sold share at the price for which it is sold and on other equal conditions, except in the case of a public auction.
Very often the division of property and apportionment of a share arises in the division of marital property, and when the separation of members of families that received housing in the common property during the privatization. It often happens that cohabitation becomes impossible, and the financial situation does not allow to solve the housing problem by purchasing an additional dwelling, then the only way to solve the housing problem is the share allotment, in a residential area for sale.
Consultation will help to provide the details and implications of property division and allotment share, because sometimes it is better to negotiate and resolve the issue in the pretrial order, and if such an agreement is impossible, the specialist will represent Your interests in court or tell you how independently to defend their right.
The decision on the allocation of shares is possible in a voluntary order, the shares shall be determined independently, by agreement, if agreement is not reached – will require application to the court.
The property which is in shared ownership may be divided by agreement between the owners. A participant in shared ownership shall have the right to claim partition of its share out of common property. If agreement on these issues is not achieved, the participant in shared ownership shall have the right to demand partition in kind its share of the common property in court. In the case of disproportionate assets allocated in kind shall be paid a corresponding sum of money or other compensation. Payment of compensation in lieu of the share allotment is permitted only with the consent, but in the case of insignificance of the allocated shares, the court may decide the matter and in the absence of consent of the owner, obliging the remaining participants in share ownership to pay him compensation.
If vydel shares in nature is impossible without disproportionate damage to property or permitted by law, the released shall be entitled to pay him his share of the co-owners. Division of property in joint ownership and partition of his share can be made after a preliminary determination of share of each participant in the right to common property.
The definition of "the allocation of shares in kind" deals with the Civil code. It contains an article that explains in detail this concept and explains when such procedures are performed. According to article 364 of the Civil code of Ukraine, the co-owner is entitled to the allocation in kind share of the property being in common ownership.
In addition, if the Board in kind share of the common property is not permitted in accordance with the law or is impossible (article 183 of this Code), the co-owner who desires partition, is entitled to receive from the other co-owners money or other material compensation of the value of its shares. This, for example, it is possible in the following case: during the joint life of husband and wife purchased or built house. In fact, this private building is subject to real estate owned by several people. In the case of division, the couple may be tempted not only to divide their property, but also to actually allocate a share in nature in the order of division of property, to make it clear what people can use and dispose of.
It would seem that everything is simple. However, far from the law, it can be difficult at times to navigate what the law says. The division and allocation of the share in kind is carried out with a report regarding the technical capabilities of the division of immovable property or of the Conclusions about technical capabilities of the Board in kind share of the immovable property, what to do without professional help is quite difficult.
The very same procedure of allocation of shares in kind is described in detail, however, people a need for clarification of legal professionals - lawyers, as to in what situations and how is the procedure when you can divide and allocate, as well as be reimbursed for a share in the common property.
Joint property of spouses ceases to exist in its division. As a result, each spouse becomes an owner of the previously owned common property.
The division of marital property can be made during marriage and at its dissolution, or after a divorce. Section made at the request of one spouse, the simultaneous request of both spouses or, in the case of the application by the creditor of the requirement about section of common property of spouses for foreclosure of the share of one of spouses in common property.
In the absence of disagreement, the spouses can enter into an agreement on the division of their common property. The family code does not impose any special requirements for the form such an agreement. It can be concluded in oral or written form, at the request of the spouses, the agreement may be notarized.
In case of dispute the section of common property of spouses and determination of their shares in this property are produced judicially.
When spouses dispute on the division of joint property a court shall be established:
- part of the property subject to division;
- absence of claims of third parties on the property;
- property not subject to partition;
- what property is subject to transfer to each of spouses;
- appropriate monetary or other compensation that may be awarded to a spouse if the other spouse is transferred property the value of which exceeds due to him his share.
- other relevant circumstances.