Does registration give you the right to own a home? What rights does a registered person have in an apartment? What types of apartment ownership are there? Features, requirements and recommendations If the apartment is private.

It is sometimes difficult for an ordinary person to understand Russian laws. In places they are confusing and seem illogical. However, as they say, ignorance of the laws does not exempt you from responsibility. The consequences of this ignorance are especially costly in the real estate industry. Therefore, now I would like to answer the main questions related to ownership of the apartment.

What does ownership mean and how can I understand whether I have this right or not?

Ownership means the right of the owner to own, use and dispose of the residential premises belonging to him. Proof that this person is the owner of the apartment is a Certificate of state registration of ownership.

Is an apartment received from the state the property of the residents?

No, those living in a so-called municipal apartment do not have ownership rights to it unless they have privatized the premises. This means that the rights of residents are similar to the rights of a tenant: you must pay for the granted right of residence and carefully use the apartment for its intended purpose. You also have the right to place other members of your family in it with the consent of the people already living there. However, your right to own and dispose of this property does not apply to such an apartment.

What is the difference between shared ownership and joint ownership of an apartment? Does it make sense to register shared ownership when buying an apartment?

Common property can be either shared or joint. The difference is that with shared ownership, the shares of each participant in the ownership of the apartment are clearly distributed. This is not the case with joint ownership.

From definition type of property depends primarily on the rights of their owners when disposing of property. With shared ownership, it is possible to sell, exchange, or donate individual shares by its owners, taking into account the consent of the remaining owners. In case of joint ownership, such a right can only be exercised for the entire apartment.

Do I have the right to obtain ownership of an apartment after the death of a relative?

It all depends on whether the apartment was owned at the time of death and who was registered there. If the apartment was used under social rental conditions and you were not registered there, then most likely it is not possible. If the apartment was owned, then you need to contact a notary within 6 months after death in order to claim the rights to the inheritance. If you were registered there, then you need to re-issue the municipal tenancy agreement and only after that, with the help of privatization, obtain ownership of the apartment.

Is it still possible to privatize housing for free?

When buying an apartment with a mortgage loan, will the bank own the title?

No. When you purchase an apartment with a mortgage loan, ownership passes to the borrower (or co-borrowers, depending on the agreement) at the time of state registration of the property. The bank uses this apartment only as collateral for a loan.

But some restrictions are imposed on you on the rights to use and dispose of the apartment until the loan is fully repaid. All of them must be specified in your loan agreement, so at the stage of its conclusion it is better to familiarize yourself with these conditions more carefully. Usually the rights to sell an apartment, transfer housing for rent or lease, and register other family members are limited. All these actions are possible, but they must be agreed with the bank.

What should I do when my property rights are violated? My relatives do not allow me into the apartment, part of which I own.

If you cannot reach an agreement to resolve this conflict peacefully, you must go to court to recognize your right to dispose of your part of the property.

Can they deprive me of ownership of an apartment without my knowledge if I do not live in it?

No, they can't. The law provides for the owner's right to renounce ownership of property. If you do not wish, the case should be considered in court with you as a defendant.

What are the pros and cons of owning an apartment?

The following can be distinguished positive points for the homeowner:

The owner has the right to own, use and dispose of his housing, namely to live in it, sell, buy, rent out, donate, bequeath, exchange, redevelop.
- In case of demolition of a house, the state is obliged to provide similar housing.
- It is very difficult to evict a homeowner from an apartment that belongs to him. Even if there is a large debt for utility services, the owner is evicted after a court decision, the apartment is sold and the remainder is transferred to the owner after the debts are paid. But this is provided that the owner and his family members have other housing suitable for living. Residents of municipal apartments in a similar case are moved to another apartment in accordance with hostel standards, i.e. at least 6 sq. m per person.
- After the death of the owner, the apartment passes to the heirs, regardless of whether anyone was registered in it.
- An apartment owned before marriage will not be considered community property and will not be divided between spouses in the event of divorce.

At the same time, there are certain minuses:

Property taxes must be paid annually.
- Owners bear all the costs of repairing the common areas of the house, and not just their apartment.
- After the death of a person living in a municipal apartment, only those who are registered in it can claim it. Anyone with the right to inheritance can claim an apartment with property.
- Owned housing is property with which the borrower may be liable to the bank in the event of non-payment of the loan.

Hello.
I continue to sort out your letters:

"Good evening. Please tell me, what is the fundamental difference if spouses register an apartment as shared ownership (50/50) or joint ownership?”

On the one hand, there is a difference, on the other hand, there is no difference.
What is the fundamental difference? What does “shared ownership” mean?
This means that the spouses have clearly defined who owns what share. (One gets half an apartment, the other gets half an apartment: not 49 by 51, not 40 by 60, but exactly equally: 50 by 50.

Another thing is that there are real shares and there are ideal ones.
That is, the ideal shares are those that do not correspond to the area of ​​any of the rooms, but are, as it were, “cut off from life”, that is, the ideal share is 50% of the apartment - it can be in one room, or in another room, and (if three-room apartment) and in the third room...
And where exactly is no one clear. Until the spouses agree (or the former spouses agree): what,... how, how to make these ideal shares real. That is, in this case, someone must renounce the right to some of their meters, and someone, on the contrary, acquires this right.

But let's return to our question.
So, the spouses register the apartment as 50/50 or as joint ownership.

What does “joint ownership without determining shares” mean?

This means that my wife and I do not know who owns what share.
That is, we own the apartment together.
And she owns, say, 1%, and I own 99%, or vice versa, she owns 99%, and I own one percent, or, vice versa: she owns 50% and I own 50% - it doesn’t matter: we own the apartments together. In a divorce, the court, as a rule, considers that the spouses, when purchasing an apartment, had equal rights to purchase this apartment, since they registered it as joint property. And, as a rule, in 99 percent of cases, it moves from joint ownership to shared ownership, that is, it divides the property in half.
But this is “as a rule”, because sometimes it happens that due to the savings previously made by a person, which were made before his marriage, a person has formed some kind of
money supply, and the person has already “entered into buying an apartment” with this excess money supply.

That is, let’s say the spouse contributed, say, 200 thousand and the spouse contributed 2 million. And with these two million two hundred thousand they bought an apartment.

In this case, if it can be proven that there was such a distribution of funds when purchasing an apartment, the court may award one of the spouses a larger share of the apartment, and another a smaller one.
But, as a rule, as I already said, in 99 percent of cases, in the event of a divorce, the court moves from common joint property to shared ownership, by dividing the property clearly in half: half for you, dear wife, for me half of our joint apartment.

In this case, the court arises when? When there is some kind of dispute, when people do not agree with something and cannot agree on something themselves. If people agree on everything, then, as a rule, there is no need for a trial. And, in this case, the spouses can agree that, let’s say, she owns 0.1 apartments, I own 0.9.
Maybe?
Maybe.
Can we document our agreements by defining the shares through an agreement?
Can. And it will also be legal.
Can we go to court with this decision of ours?
We can have the court record this decision of ours on the division of common property.

That is, what happens: on the one hand, we need the division of shares for the court in case of divorce, but there is another instance when we may need to divide the shares (at a minimum, to indicate which share belongs to which of the spouses). This organization, this authority is the tax office.
Please note: dividing an apartment into shares (actually and for the tax office) are two different things.

That is, if, for example, my wife and I have property registered as common joint property without defining shares, then in order to determine who owns what (for example, during a divorce), we must first move from common joint property to shared ownership.
That is, divide our shares, our whole apartment into shares.

But when we are dealing with the tax office, we can ourselves, by agreement with my wife, agree which share of the apartment will belong to me (for tax purposes and to receive a deduction for this apartment), and which to her.

A simple example: let’s say an apartment costs 3 million rubles.
As a buyer of an apartment, I have a tax deduction of 2 million rubles.
And the spouse, let’s say, sits at home and does housework, and doesn’t work.
That is, what happens?
I go to the Tax Inspectorate and say that my wife and I agreed (for tax purposes) to determine our shares as follows: that, for example, she owns a third of the apartment, and I own 2/3 of the apartment.

The apartment, as we remember, costs 3 million. That is, it turns out that I bought a share of an apartment worth 2 million and I have 2 million as a tax deduction. I use my tax deduction, in this case, entirely.
Well, what about your wife?
My wife can't use it yet.
Why?
Because staying at home with children, she has no income on which she would pay taxes.

If our shares are clearly defined (50% for her and 50% for me), then in this case we cannot come to the tax office and say: “Let us recalculate our shares for tax purposes.”
In this case, it turns out that the cost of the apartment is 3 million. My share is worth one and a half million (half of the apartment), and her share is also worth one and a half million.
And despite the fact that I have the right to a tax deduction in the amount of 2 million, this tax deduction (which I can use) is no more than the value of the property that I purchased.
And I purchased a share of an apartment worth, respectively, one and a half million.

That is, for tax purposes, it is more profitable to register the apartment as a common joint property without determining the shares.
Moreover, it can be issued for one spouse. The second spouse, in this case, risks little.

Because what the spouses acquired during marriage is jointly acquired property. And if the apartment is registered, for example, in the name of the husband, then in the event of a divorce, the wife can always demand the “lion’s share” of this apartment.
(Well, of course, the apartment was bought with common money - it means: “Come on, honey, half of the apartment is for me. And I will have my own share of the apartment.”)

Thank you for your attention.
.
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Concept common property arises when one object is owned by several persons (both individuals and legal entities).

Reasons for occurrence and types

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

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

• shared ownership– a type of property that is characterized by the allocation of a certain share in the ownership of property, both movable and immovable;
• joint ownership– when the shares of property ownership are not determined in advance.

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

When an apartment becomes the property of several persons and the shares of ownership are agreed upon in advance, we are talking about shared ownership of the apartment. In such a situation, housing can only be disposed of 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 come to an agreement and divide 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 revise the decision that was made earlier.

Regulatory acts that regulate issues of shared ownership of an apartment

In order to determine the procedure for use and how co-owners can dispose of their shares, one should refer to the Civil Code of the Russian Federation (Part One) dated November 30, 1994 N-51 Federal Law. 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, we should pay attention to the following articles:

• Art. 245. The article states that if shares in common property are not determined in advance, then the shares will be considered equal. Also, when investing in improving the condition of the property, the size of the share can increase in proportion to the investment.
• Art. 246. Shared property can 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 the property by agreement of all co-shareholders. Each owner 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 exploitation of shared property (income, fruits, etc.) is divided between the owners according to their shares, unless there are other agreements.
• Art. 249. Expenses for the maintenance of common shared property - all this is also divided between the co-owners in accordance with the size of the shares.
• Art. 250. This article describes the right of co-owners to preference in purchasing a share in common shared ownership, provided that the sale is not through a public auction.
• Art. 251. Upon sale, the share passes into ownership from the date of conclusion of the agreement, unless other conditions are specified in the agreement.
• Art. 252. The division of property can take place by agreement of all co-shareholders. Any of the co-owners has the right to allocate his share either by agreement of all owners or by court decision. If the allocation or division of property is not possible or is prohibited by law, then the shareholder has the right to compensation, after receiving which he is deprived of his property rights.
• Art. 255. The creditor has the right to apply to the court, if one of the owners in common property cannot pay off the debt with the property that he has, to collect the debtor’s share, while the share can be sold both to the other property owners and at public auction, and The proceeds from the process will be used to pay off debts.

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

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

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

I want to have my own room

If you not only own a share in the apartment, but you also have to live in it with other 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 come to an amicable agreement with your neighbors and decide who will live and where.

Healthy! Even if you have agreed on everything with other residents, it is best to formalize the procedure for use 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 residence issue 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 correct, not always taking into account the size of the owners’ shares. If one owner has a family and the second is single, then the first owner will get a larger room.

Do I want to sell my share?

When cohabitation does not suit one or more property owners, and they would like to receive their share in monetary terms, the question arises of selling a share in a common apartment. In such a situation, there are several possible solutions:

1. If only one of the owners declares the sale of a share, then the remaining residents 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 property, but one, who has a small share that cannot be realistically allocated, does not agree, then you can go to court (based on paragraph 4 of Article 252 of the Civil Code of the Russian Federation), where permission to sell the apartment without consent will be obtained. protester,” with the condition of paying him 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 each receive their share.

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

How to submit your part?

Everything here is very simple - renting out or registering someone on your part of the living space is possible 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 there is a need to register a minor child, then this can be done without the permission of other owners, since children are registered at the place of registration of one of the parents (Article 70 of the Housing Code of the Russian Federation, norms of the Family Code)

Right of common joint property of spouses

In order for the right of joint ownership to arise between a man and a woman, a marriage must be officially registered. Property acquired during marriage becomes the joint property of the spouses, where each has an equal share. A different procedure can be established provided that a marriage contract has been signed, in which, with the consent of the husband and wife, ownership rights regarding the property of each of them are designated. 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 RF IC.

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

• acquired before marriage;
• resulting from ;
• personal belongings.

All this is the separate property of the spouses.

For 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 property (repairs, reconstruction).

Although when making transactions with joint property, written or notarized permission of both spouses is not required (based on the fact that both spouses agree to the transaction and nothing else has been proven), but spouses without a notary can dispose of real estate or objects that require registration and/or notarization certified consent of the other spouse cannot according to Art. 35 IC RF.

The division of property can be carried out both during the marriage and upon its dissolution. This process is regulated by Articles 38 and 39 of the RF IC. In the best case, the division occurs peacefully, when the owners agree on who will get 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 the property in value. In the event that the shares are not equal, the spouse with the smaller share is awarded monetary or other compensation.

A 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 influence the court's decision on division.

Example No. 1

The wife sued her husband for the division of an apartment that was acquired during the marriage.

The court found that this apartment was purchased 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, because is not joint property.

Example No. 2

The wife applied to the judicial authorities for the division of property, including an apartment, after the divorce.

The court stated that this apartment was not purchased by the spouses using common funds, but was given to the husband as a military serviceman; accordingly, 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 order, procedure and features of the division of property that belongs to more than one owner.

Citizens jointly acquire apartments, houses, land plots and other property assets, which they use on equal terms, collectively.

In first place in terms of the prevalence of precedents is the joint property of spouses.

The legal regime of the Family and Civil Codes of the Russian Federation provides for all property acquired during marriage to be considered common.

It is regulated by the following legislation and regulations:

• Article 33,34 of the RF IC;
• Clause 1, Article 256 of the Civil Code of the Russian Federation;
• a number of norms, Articles 244, 253 – 256 of the Civil Code of the Russian Federation.

The articles state that housekeeping by spouses involves a mutual contribution to the family budget and the property assets they acquire, real estate and other things that form the background of the family’s well-being.

It consists of the investments of each spouse, obtained by:

• receiving wages;
• profits from doing business;
• receiving pensions and benefits;
• bonuses, fees and other financial income.

The legislation provides for taking into account income the work done around the house by the wife (husband) and raising children. Also, if he does not replenish the family budget for other valid reasons.

So, almost everywhere, acquired property is determined by common property, used by both parties and owned by both on equal terms. First of all, this applies to apartments that citizens received after marriage and its registration with the civil registry office.

The exception is the provisions provided for in the marriage contract, which regulate the determination of the economic basis of the family by prior decision of the parties and by mutual preference.

These cases are based on the legislative framework of Chapter 8 of the Family Code of the Russian Federation and on the clauses of the marriage contract.

The marriage contract includes the terms of disposal of the apartment, regardless of whether the husband or wife had it before marriage. And from whose contributions from the invested labor and money became the reason for its acquisition.

Types of joint ownership of an apartment

Purchasing property with other owners is available to every citizen of the Russian Federation who:

• Buys housing, contributing only part of the capital of its total cost.
• along with other heirs.
• Receives along with other recipients.
• Included in the certificate of ownership along with parents or other relatives in the process.

Unlike matrimonial property relations, these types of collective ownership are determined initially, before the emergence of economic relations between the parties.

That is, they are preceded by a contract.

Here the nuances of the use of property are prescribed, excluding situations of spontaneous and uncontrolled appropriation of the collective economic basis by one person.

The agreement provides for the division of property upon termination of the partnership between the parties. The clauses of the agreement are strictly observed by the parties voluntarily, according to an agreement drawn up by them, or by a court decision.

Documents of joint ownership of the apartment

The number of confirmations and evidence includes primarily:

• civil passports of husband and wife;
• marriage registration certificate;
• marriage contract (if any);
• children's birth certificates.

For other entities, confirmation is determined on the basis of an agreement on concluding a property transaction, or a certificate of inheritance.

In addition, the required documentation includes acts of title, certificates, contracts and receipts confirming the purchase of an apartment or warrant. And also, documentation confirming:

• payment of shares (see);
• making a contribution;
• contribution to the capital.

The listed documentation reflects the existence of joint property of the spouses if the money was paid by the husband or wife during the period of marital relations between them. And also, if the spouses received housing jointly, during the period of existing family relationships.

In the case of collective use of real estate by co-owners, the listed documentary evidence determines ownership and disposal (see).

Privatization

The property right to a privatized apartment depends on what legal trends accompanied this process. The nuances of privatization may have the following consequences.

1. An apartment is personal property, privatized by a citizen before marriage. After creating a family, it will remain the personal property of the citizen, unless the marriage agreement provides otherwise.
2. They received housing after marriage, but during privatization the wife (husband) refused to register joint ownership in favor of the husband with a separate statement (see). The object becomes the personal property of the husband (wife).
3. The husband (wife) received the apartment before marriage, but at the time of privatization the couple registered their marital relationship. Housing becomes joint property.

Based on the Law “On the Privatization of Housing Stock,” during privatization, apartment owners have the right to alienate living space to third parties, even those not included in the circle of kinship, including not for free.

This leads to the fact that evidence emanating from the initially arising right specified in the warrant loses its legal force.

Depending on the specifics of the legal consequences that have entered into as a result of privatization, the full owner of the apartment participates in property transactions and alienates in other ways:

• unhindered, at discretion;
• only with the permission of the spouse (co-owners).

In other cases of joint privatization of housing, citizens acquire ownership rights only on the basis of entering the relevant information into the certificate certifying the type of right, and in the records of the State Real Estate Cadastre (GKN).

What is the difference between joint and shared ownership?

The initially adopted privatization law assumed the existence of two types of real estate ownership:

• with a share allocated to each participant;
• without allocation of shares.

In both cases, interdependence is established between persons participating in the ownership right.

Subsequently, when the concept of equity participation was expanded, for example, with the introduction of equity participation agreements (EPA), the concept of share ownership required clarification. A legally correct contract, for this reason, clarifies the relevant definitions of terminology.

Thus, in the certificate, adequately entered into the State Tax Code, shared ownership is determined on the basis of:

• common law shares;
• joint ownership.

In theory, when allocating a share indicating the size, the picture receives some specificity and clarity, but for the tenant this does not matter.

For example, a citizen living in 1/10 of a one-room apartment uses the toilet, shower or bathtub, kitchen and hallway - not in accordance with the specified share in the right, but according to need.

Someone who has a 1/3 share will not use the same space in the apartment more than he needs, and also will not be able to prohibit this from other residents whose share is negligible.

The rules of joint ownership presuppose mutual equal ownership of the territory, but the inadmissibility of property transactions without the allocation of shares. That is, to alienate housing, an initial determination of the share of each owner will be required (see).

The establishment is made by mutual agreement, drawing up an agreement and notarizing it. Or you can file a lawsuit if there is disagreement between the parties.

The presence of an allocated share does not matter if the residents have not established rules for the use of the territory. Even if they own half the space, they will be faced with the fact that one living room is larger in area than another.

An apartment under common law is not donated by one person - the subject of ownership.

Even the allocation of shares will not allow a citizen to conduct a property transaction without the permission of the other owners. After receiving permission, he can legally donate his entire share or a small part.

Obtaining permission occurs if no one makes claims from among the interested parties. Upon receipt of an oral refusal on their part, a registered letter is sent with notification of receipt, and based on the notification, documentation is prepared for issuing a deed of gift.

If the donor has formalized a donation to a group of persons, they take ownership, and subsequently, by mutual agreement or at the request of one of them, allocate equal parts established by law (see).

Inheritance

Real estate inherited by a group of persons is formalized in a manner similar to donation.

The inheritance certificate contains information about the transfer of the apartment into joint ownership.

The same information is entered into cadastral documentation, including certificates issued by Rosreestr.

After proper registration of real estate, the heirs have options:

• buy the property to one of the heirs;
• one to refuse an inheritance in favor of another;
• enter into collective ownership (see).

The shares belonging to each are determined by agreement, or at the discretion of the court.

The owner of a part of the apartment has the right to alienate his territory to a third party. Such cases are not uncommon.

The legal consequences are such that the wife who survives her husband (or vice versa) lives out her life, sometimes with strangers, suffering from negative attitudes on their part.

But the law will not allow interference in the choice of decisions of the testator and preventing him from implementing them.

How to sell an apartment with joint ownership

When selling an apartment, it is required to obtain permission from the co-owners, provided that the shares are defined in the law - which allows the sale of real estate. If this does not include a spouse, additional permission will be required from him.

It is advisable to buy such areas through reputable real estate companies in order to avoid unforeseen nuances.

Subject to participation in the transaction of a complete apartment, the owners will need to be present at the legal (real estate) firm where the transaction is being carried out, with documentation for each share of the alienated housing and passports.

When divorcing, the ex-husband and wife come to an agreement based on the needs of each, or due to the difference in the capital contributed to the purchase of housing. However, during a divorce, the property does not have to be sold.

The husband has the right to leave the property to his wife for use with the condition that she will keep the transferred property for her growing children. It is advisable to seal such conditions with a written agreement, since over time there is sometimes a temptation to act at your discretion (see).

If one of the parties violates the agreement, the court will recognize that the alienation transaction is illegal and cancel it. Such cases occur subject to the initiation of a claim by the deceived spouse.

According to the regulations, the division of a joint apartment is within a period of 3 years, after which the issue will be closed based on the statute of limitations. In cases that contradict the law or the agreement drawn up during the division of property, this period is restored by a court decision.

If there is disagreement between the parties, the issue is resolved in court by filing a statement of claim with the district court at the location of the disputed object.

Own- a historically determined form of appropriation of material goods by people. With a more thorough analysis of its content, its economic and legal aspects come to the fore. They are closely interconnected and interdependent.

Type of ownership- this is a type that is characterized by the subject and the peculiarities of its connection with the object.

The interaction itself directly depends on the type of socio-economic system. Each object and subject, in turn, corresponds to special forms. The criteria are quite diverse and can be classified according to many criteria: property rights, methods of appropriation, etc. Let us consider further what the form of ownership may be.

Classification of forms of ownership

Property can be classified in various ways, for example:

1. According to the form of appropriation of various forms of property (individual, collective and state property).
2. According to the form of ownership (private, state and joint ownership).
3. By type of production relations (primitive communal, feudal, capitalist, socialist, slave).

According to the Civil Code of the Russian Federation, the following forms and types of property are fixed in Russia:

1. State
2. Municipal
3. Private
4. Public

The defining type of property in a market economy is private property.

Types of private property

Private property can appear in the following basic forms:

• Single property - characterized by the fact that physical. or legal A person realizes all property relations. The owner of a private enterprise can use the labor of his family or hired workers;
• Partnership ownership - it offers the association in one form or another of property, capital, several legal entities or individuals for the purpose of carrying out common business activities;
• By type of desk. own We have an LLC (limited liability company) and an ALC (additional liability company).
• Corporate ownership is based on the function of capital, which is formed through the free sale of titles to one’s own shares in an OJSC (open joint-stock company).

Forms of public ownership

Public property exists in 3 main forms of ownership:

• Collective property is formed by distributing it among the members of the team at a given enterprise, CJSC (closed joint-stock company).
• State property - it releases all members of society as owners, the implementation of relations, appropriation through ownership relations is carried out by the state. apparatus. Directive relations are implemented by state economic entities. own
• Public property - it offers ownership of the entire social state directly, directly and simultaneously to everyone individually. This form of ownership was enshrined in the Russian constitution and was a form without content.

State property

State property- ownership of property either by the state (the entire Russian Federation) or by a subject of the state (for example, Moscow).

Municipal property

Municipal property- property owned by the municipality (municipal entity). And a municipality is, to a certain extent, a public entity independent of the state, based on the principles of civil society and self-government. In other words, bodies acting in the interests of the public in a certain territory.