Division and allocation of an apartment, house, land that is jointly owned

Very often in life there are situations when a house or other residential real estate is owned by several people at the same time, that is, in joint partial ownership. In this case, it is impossible to dispose of the share without the consent of the other co-owner. What to do in these situations? The issue is covered by the lawyers of PRIKHODKO & PARTNERS.

The concept of joint partial ownership

Common property is property that is simultaneously owned by two or more persons (i.e., co-owners).

There are 2 types of joint ownership:

• Partial

Presupposes ownership by two or more persons. At the same time, the share of each of them in the right of ownership is allocated.

• Сompatible

The owners are two or more persons, the ownership share of each of them is not determined.

Subjects of the right of joint ownership are legal entities and individuals, territorial communities, the state.

Specific characteristics of joint partial ownership

Joint partial ownership is a specific construction, which is distinguished by the following characteristics:

• The unity of the object

Each of the participants in joint partial ownership does not have a share of the property in kind, but a share in the right of ownership of the property as a whole. These fractions are ideal and defined by the corresponding % of the whole.

• Plurality of subjects

Ownership is characterized by the presence of one entity that owns the relevant property (for example, a house or other real estate is owned by one person). As for joint partial ownership, it is characterized by a plurality of subjects (for example, one house owned by two people).

According to the third part of Article 358 of the Civil Code of Ukraine, each of the co-owners has the right to obtain possession and use of a certain part of the joint property. This part corresponds to his share in the right of partial joint ownership.

Allotment in kind of a share of property that is jointly owned

The in-kind division of a share of property that is in common partial ownership involves the division of one of the real estate objects, for example, one house into independent objects, which will have auxiliary buildings/rooms and their own entrance. The problem of dividing joint ownership can be resolved in court or by agreement.

Important: the division of the real estate object into independent objects must meet all the conditions stipulated by the current state building standards.

Division both in court and voluntarily is possible under one single condition - the co-owners have completed documents of ownership or the right to use the land plot under the house. If there are no land documents, it is impossible to allocate shares.

In addition, for the division of the real estate object, it is necessary to have a technical possibility to allocate a separate room with its own entrance for each co-owner. If any of the above conditions are absent, the division will not meet the requirements of the current legislation, and therefore will be impossible both voluntarily and in court.

The difference between the concepts of division and allocation of property

It is very important to distinguish between the concepts of division and allocation of property. The division of property involves the distribution of property that is in partial joint ownership between all co-owners. At the same time, the legal relationship of partial joint ownership is terminated.

If we are talking about the allocation of a share of property, the legal relationship of joint partial ownership is preserved in most cases. They are terminated only for a co-owner who wishes to allocate his property.

If you are interested in the issue of division and allocation of an apartment, house, land that is jointly owned, contact our lawyers - specialists PRIKHODKO & PARTNERS.

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