At all times there were disputes and conflicts between people about the possession and use of material goods and services. The basis of any system of economic relations - is property. What is there view of the property depends on the nature of exchange, consumption and distribution. When buying an apartment, or when sharing is very important to know what kind of property it is. What types of ownership of an apartment there, consider the next. And what are their features.
For starters, what applies to real estate. The facilities, the location of which cannot be changed. The owner exercises its right to dispose of property location of the property.
There are some types of property:
According to the legislation of the Russian Federation the citizen can have an unlimited number of objects of ownership, also there is no limit on their value. All private property must be registered. It is covered by the right of inviolability.
The Owner of the apartment can be:
To Purchase housing in several ways:
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The type of ownership when buying an apartment is important. Consider what constitutes a joint and common property and what are their distinguishing features.
The Apartment, which acquire during the marriage and issued on one of spouses, as the owner of the property can be only one rightfully belongs to both. The documents may not be marked with a wife, children. But all property acquired during marriage is shared and owned by both spouses on equal terms.
The Exception may be the situation which has been included in the marriage contract according to the preliminary decision of both parties. It specifies the conditions of disposal of the apartment no matter who much money invested in it and when it was purchased. A marriage contract can be concluded not only before marriage but during cohabitation.
Joint ownership of property is the possession of a territory on equal rights and unacceptable conduct property transactions without allocation of shares. Namely, when the transfer of ownership from one party to another will necessarily need to establish the share of each owner.
It should be noted that even after the couple divorced and the apartment is not sold, property rights are preserved. As the types of joint ownership of the apartment affect the sale, consider the next.
If one of the former spouses want to sell or exchange an apartment, he will need the consent of the former spouse.
Selling the apartment, you must obtain permission of all co-owners. If the spouse is not included in their number, he will still need additional consent.
When drawing up the contract of sale the parties are:
After the contract, you must contact the Department of cadastre and cartography in order to register the transaction.
The Types of equity ownership of an apartment:
In this form of ownership the share of each apartment owner is defined. It can be equal parts or not. It happens in case if one of the owners has made a greater contribution when you buy or repair. Repair, renovation, and disposition of property must occur by mutual consent of the owners. If such agreement is not reached, it is imposed by the court.
Shares in housing can be the real and the ideal. Participation involves separate housing and separate entrance. Accordingly, this is only possible in a private home. In the case of multifamily housing, the share may be only perfect.
It is often difficult to distinguish the real or ideal share, as there is a mismatch of revenues,attachments, and many other nuances.
If someone of the owners decides to sell or donate, it will not be able to do so without the consent of the other owners. Real estate investors have the advantage of buying-selling of the housing to a stranger.
First of all, should be the following documents:
As well As confirmation are:
All operations should be documented.
According to the legislation of the Russian Federation, from 1 January 2014, if you purchased in 2014 housing in the joint property, you have the right to tax deduction in the amount of actual costs incurred on the purchase of housing, but not more than 2 000 000 rubles. This right is granted to all owners, regardless of ownership of the apartment.
3-pit (tax return form) the tax authorities, each owner of the property also must be accompanied by the necessary documents. Namely:
For payment, you must contact the tax office in person to the owner of the apartment, while making a statement giving of the tax Declaration 3-NDFL. If the taxpayer has not fulfilled it will be deemed to have not exercised their right of deduction.
If the documents spouse is the owner of the apartment, he can contact the tax office to obtain a deduction without notifying the other spouse and not to provide a statement on the distribution deduction. The second spouse will need to provide a statement on the distribution, with agreement with your partner.
Types of property are subject to privatization:
Privatization is one of the most popular ways of acquiring housing. By law, once a citizen has the right to participate in the privatization of housing.
Types of ownership of the apartment and the conditions under which privatization is not possible:
If the child grew up in a privatized apartment, offering him a part in the future when it reaches the age of majority he has the right to privatize other accommodation absolutely free of charge, but only once.
The Man who used the right to privatisation of housing, but then refused and returned to housing the state has no more right to free privatization.
Before you privatize housing:
Previously we described the types of ownership of the apartment, which can be privatized.
Whoever privatizes housing, has the right to do it 1 time.
The Advantages in the privatization of the following:
The Disadvantages of privatization are as follows:
What are the distinguish types of ownership in a communal apartment? It can be:
The Housing code regulates the registration in a communal apartment, according to which, to register such space only with the consent of all co-owners. Their permission is needed to register your family members. Consent is not required only to register their own children.
The sale is not requiredthe consent of residents if every room is decorated the right of ownership.
If the entire communal apartment is the property owners, i.e. each owner has their own share of the sale, requires permission of each owner. However, we note that to bequeath the room in this case, without the consent of the neighbors.
Selling room in a communal apartment to a stranger only after the remaining tenants refuse to purchase it. To comply with the procedures of the sale are required to send all residents a letter with the notification about the price and conditions of sale. If you want more, and you can not decide within three months, they can go to court and resolve this issue.
To rent the room only with the permission of the neighbors.
What should be the rights of ownership of the apartment, view the required documents list next:
With the above legal documents, technical passport and a certificate confirming the right of ownership, you become the full owner of the apartment.
When buying a home, you must use the services of a proven real estate brokerage firms. It is advisable to purchase with the help of a competent lawyer, it will help to understand all the issues and will not let you miss important points. This will provide a quiet life in a new apartment and eliminate unpleasant surprises.
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