Publication date: 15.07.2024
Rights and obligations of participants in joint ownership in Ukraine
Introduction
Joint ownership is a form of ownership where property is owned by several persons at the same time. Participants in joint ownership have both joint and individual rights and obligations to manage, use and dispose of this property. In Ukraine, joint ownership is regulated by the Civil Code of Ukraine and other laws and regulations. In this article, we will consider the main rights and obligations of joint property participants, as well as important aspects of the legal regulation of this issue.
Legal framework
The Civil Code of Ukraine
The Civil Code of Ukraine (Ukraine's CCU) is the main legal act regulating joint ownership. It defines the rights and obligations of joint property participants, the procedure for managing joint property and the distribution of income and expenses.
Other legal acts
In addition to the CCU, common property issues may be regulated by other laws and regulations, such as the laws of Ukraine on housing and communal services, on cooperatives, on associations of co-owners of apartment buildings (condominiums), etc.
Types of joint ownership
Joint partial ownership
Joint fractional ownership occurs when property is owned by several persons on the basis of certain shares. Each participant in joint fractional ownership is entitled to a certain share in the common property and may dispose of this share at his or her discretion, subject to the rights of other co-owners.
Common joint property
Common joint ownership arises when property is owned by several persons without determining the shares. This means that all co-owners have equal rights to all joint property, and decisions regarding this property are made jointly. Joint property usually arises in family relationships, for example, between spouses.
Rights of participants in joint ownership
Right to own, use and dispose of property
Participants in joint ownership have the right to own, use and dispose of joint property. This right is exercised on the basis of the consent of all co-owners or the majority, unless otherwise provided by agreement or law.
The right to income from joint property
Participants in joint ownership have the right to receive income from the joint property in proportion to their shares (in the case of joint fractional ownership) or on an equal basis (in the case of joint joint ownership). Income may include rent, dividends, profits from the sale of property, etc.
The right to alienate a share
Participants in joint fractional ownership have the right to alienate their share in the joint property. This may include sale, gift, exchange or other forms of transfer of rights. In this case, the other co-owners have the right to pre-emptively acquire the alienated share on terms no worse than those offered to a third party.
The right to allocate a share in kind
Participants in joint fractional ownership have the right to demand the allocation of their share in kind, if this is possible without violating the rights of other co-owners. A share may be allocated by agreement between the co-owners or by a court decision.
The right to protect their rights
Participants in joint ownership have the right to protect their rights in the event of their violation. This may include filing a claim with the court for recognition of ownership, reclaiming property from someone else's illegal possession, compensation for damages, etc.
Responsibilities of joint property owners
Respect for the rights of other co-owners
Participants in joint ownership are obliged to respect the rights and interests of other co-owners. This includes the obligation not to interfere with the use of the common property, and to take into account the opinions and interests of other co-owners when making decisions regarding the common property.
Participation in the costs of maintaining common property
Participants in joint ownership are obliged to participate in the costs of maintenance, repair and management of joint property in proportion to their shares (in case of joint fractional ownership) or on an equal footing (in case of joint joint ownership).
Implementation of decisions made by the majority
If decisions regarding joint property are made by a majority vote, the participants in the joint ownership are obliged to comply with these decisions, even if they voted against them. This rule applies unless otherwise provided by agreement or law.
Notification of alienation of a share
Participants in joint fractional ownership are obliged to notify the other co-owners of their intention to alienate their share. The other co-owners have the right to pre-emptively acquire the alienated share on terms no worse than those offered to a third party.
Preservation of property
Participants in joint ownership are obliged to ensure the safety of the joint property, keep it in good condition, carry out necessary repairs and take measures to prevent damage or destruction of the property.
Procedure for making decisions regarding joint property
With the consent of all co-owners
Decisions on the disposal of joint property, including its alienation, lease, pledge, etc., are made with the consent of all co-owners. All participants in joint ownership must agree on such actions.
By majority vote
Decisions on the management and use of joint property may be made by a majority vote of the co-owners, unless otherwise provided by the agreement or law. This applies to issues of day-to-day management, repair, maintenance, etc.
Appeal to the court
If the co-owners fail to reach an agreement, any of the participants in the joint property has the right to apply to the court to resolve the dispute. The court may decide on the procedure for using the property, allocation of a share in kind, compulsory termination of joint ownership, etc.
Settlement of disputes between co-owners
Pre-trial dispute resolution
It is recommended that disputes between co-owners be resolved out of court through negotiations, mediation or arbitration. This will help avoid lengthy litigation and maintain good relations between co-owners.
Judicial dispute resolution
If the co-owners fail to reach an agreement, any of the participants in the joint ownership has the right to apply to the court. The court may decide on the procedure for using the property, allocation of a share in kind, forced termination of joint ownership, etc.
Compulsory termination of joint ownership
In the event of systematic violations of the rights of other co-owners or the impossibility of joint use of property, any of the participants in joint ownership has the right to apply to the court for the forced termination of joint ownership. The court may decide to sell the property and distribute the proceeds among the co-owners or to allocate shares in kind.
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