Ownership of a share in common property: legal subtleties of grounds for termination

We will not dwell on the fact that the right to property is constitutional, therefore inviolable and no one can be deprived or limited in its exercise. The purpose of this publication is to provide information on the nuances of terminating ownership of a share in common property, because this right most often becomes the subject of disputes and restrictions in real life.

In general, there are 3 “ways of termination” – allocation of a share, direct termination of the right to a share and division of property!

It is clear that only the law determines the procedure and implementation of the procedure analyzed in the article and only after the determination and detailed study of all factors significant for the objective consideration of the case on the merits!

Let’s define concepts!

Joint partial ownership occurs when some object (movable or immovable) belongs to several subjects at the same time, while each of them owns a certain part of the property. A conflict may arise between the specified persons in the process of exercising rights to the object of ownership, the settlement of which is possible only in the way analyzed in this post.

The general grounds for termination of joint partial ownership are outlined in Part 1 of Art. 365 of the CCU. This rule tells us that by a court decision, the ownership rights of individuals to shares in common property can be terminated if:

1. It is impossible to allocate a share in the property due to its small size.
2. Property cannot really be divided (the term “indivisibility” is fixed by law).
3. Joint ownership and use became impossible.
4. Termination of the right will not harm the interests of one of the owners and his family.

“Insignificance of the share” is determined by the court, based on the price of the object of division, the size of the shares of the subjects, technical criteria for division, etc.

Potential “termination” is possible under the following conditions:

• the share of one of the owners is “insignificant” compared to the others;
• division of property will lead to the loss of its purpose;
• joint ownership (use) is impossible;
• the owner has another home, so the “termination” will not harm him.

The indivisibility of a thing is determined by the possibility/impossibility of it losing its intended purpose based on the conclusion of the construction and technical examination, taking into account the technical prospects of division, compensatory compensation, the current market “price tag”, etc.

Let’s draw conclusions!

The impossibility of joint use of the property is a conflict of interests of the co-owners, when resolving it in a court of law, it is necessary to know that:

1. A claim for termination of the right to a share in joint property is submitted to the court at the location of the entire property (a larger part of it).
2. The statute of limitations in such cases starts from the moment when the person became aware (could have been aware) that his right was violated.
3. Depositing the value of the share of the disputed property into the deposit account of the judicial body is a condition for issuing a decision to terminate the right to a share.

Applying for help to the lawyers and attorneys of the Grandliga company is a guarantee of an effective resolution of your dispute regarding “termination of the right to ownership of a share in common property“.