What types of ownership of the apartment exist? Features, requirements and recommendations

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2019-08-14 18:20:32

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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.

Types of real estate ownership

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:

  • State. The owner is the state or its entities.
  • Collective. The owner are the controls on the ground.
  • Private. Rightful owner is a physical person or a legal entity.

types of ownership of the apartment

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.

Types of ownership of the apartment

The Owner of the apartment can be:

  1. The State or municipality. i.e., this would include municipal governments, committees on state property management.
  2. An individual. the Apartment belongs to the family or one individual. Private property is divided into:
  • Individual.
  • Collective.
  • Equity.
  • Shared ownership and co-operative.

How to acquire housing in the private property

To Purchase housing in several ways:

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  • Through a contract of sale.
  • Living space can be obtained in an inheritance or a gift.
  • Can you buy a house or apartment from an individual developer or any housing construction.
  • Through participation in the housing cooperative or condominium.
  • Through privatization of housing which refers to housing.privatization of the apartment types of ownership

The type of ownership when buying an apartment is important. Consider what constitutes a joint and common property and what are their distinguishing features.

Joint ownership

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.

Features of sale joint ownership

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.types of ownership in a communal apartment

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:

  • Owners.
  • The Buyer.
  • You Can use the services of a Trustee, the person who by proxy is entitled to represent one of the parties.

After the contract, you must contact the Department of cadastre and cartography in order to register the transaction.

Share in the ownership of the apartment

The Types of equity ownership of an apartment:

  • Equity.
  • Common equity.

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.view of ownership of the apartment in the Declaration

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.

Confirmation of joint ownership of the apartment

First of all, should be the following documents:

  • Certificate of marriage registration.
  • Passports of husband and wife.
  • Documents confirming the birth of a child.
  • Marriage contract, if applicable.

As well As confirmation are:

  • Ownership Certificate or the warrant.
  • Legal acts.
  • Certificates, contracts, receipts.
  • Payment unit, if the participation in shared construction.
  • Equity in capital.
  • Contribution.

All operations should be documented.

Tax deduction

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.types of ownership when buying an apartment

3-pit (tax return form) the tax authorities, each owner of the property also must be accompanied by the necessary documents. Namely:

  • A Statement of the taxpayer about the division of the tax deduction between co-owners, if he decided to use this right.
  • Must indicate the ownership of the apartment in the Declaration. This statement does not guarantee the payment of all co-owners and is not the basis for this.

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.

The Privatization of apartments

Types of property are subject to privatization:

  • Personal property. the Owner is the same person.
  • Equity. Popular in the privatization of communal apartments. Mandatory the exact dimensions of the share of each owner.
  • Common. For all tenants are provided an equal share.
  • Joint. in relation to married couples and their minor children.types of equity ownership of the apartment

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:

  • Housing is a utility, that is state property.
  • The Room of a hostel.
  • The apartment is located in a military town closed.
  • Apartment is in a rural location and owned by the Foundation of institutions of social protection of the population.
  • Living space found in an emergency.

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.

Requirements for privatization of housing

Before you privatize housing:

  • Everyone who registered in the apartment must give their written consent.
  • Refusing to register their shares must make a written refusal.
  • Housing should not be considered an emergency.

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.

Pros and cons of privatization

The Advantages in the privatization of the following:

The Apartment:

  • Rent.
  • Willing.
  • To Take bail.
  • To Sell.
  • To Give.
  • Also can register to any person.
  • Pick up the privatized apartment is possible only in a judicial order, and the money returned to the owner.

The Disadvantages of privatization are as follows:

  • Paid the annual tax on housing. It is 0.1-0.2% of the value of the apartment. Tax determines the BTI. In the future it is planned to come from the market value of the apartment, it will significantly increase the tax amount.
  • Utilities for privatized apartments is higher than the state.

Features of public housing

What are the distinguish types of ownership in a communal apartment? It can be:

  • Individual for every room.
  • Equity.

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.type of property apartment 3 NDFL

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.

Documents of Title to the apartment

What should be the rights of ownership of the apartment, view the required documents list next:

  • The Contract notarized, the sale, about giving, about sharing or leasing.
  • Certificate, notarized, on the right of succession by will, according to the law.
  • The Testimony on the part of the apartment, certified by a notary.
  • The court's Decision.
  • Data sheet.
  • Certificate of ownership.

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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