What Is Involved in the Joint Ownership of a House?

Joint ownership means that two or more civil subjects share ownership of the same property. Its content includes not only the exclusive relationship of ownership to the outside, but also the internal relationship between co-owners. ^[1]

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According to scholars, the so-called common ownership refers to the ownership of the building by the owner of the division of the building in accordance with laws or management regulations.

Differentiating Buildings Owners' rights to occupy, use, and gain on the common parts of a building in accordance with legal regulations or agreements are shared ownership. The object of common ownership of buildings is the common part.

Common part

1. Indivisibility. According to the purpose of distinguishing all buildings, the common part is indivisible. Otherwise, it cannot be shared.

2. From the property. In view of the fact that the exclusive part and the common part that distinguish all buildings have a physically inseparable unified structure relationship, to obtain the exclusive part ownership by distinguishing the owner, the common part ownership must be acquired incidentally for the convenience of use. The "Administrative Regulations on Adjoining Houses in Urban Real Estate" issued by the Ministry of Construction of the People's Republic of China specifies the scope of the common parts by way of enumeration: halls, balconies, roofs, corridors, kitchens, courtyards, sewage facilities, foundations, columns, beams, walls, accessible Man covers, stairs, elevators, water pumps, heating, electric lighting, ditch pipes, garbage cans, septic tanks, etc. Joint ownership includes three capabilities: use rights,

Compared to ordinary co-ownership, co-ownership has the following characteristics:

The composite of subject identity

The subject of joint ownership is to distinguish between owners, who are both co-owners and exclusive owners, or members of the meeting of distinguishing owners, who are members.

Extensive scope of object

The co-ownership includes not only the statutory common part, the agreed common part, but also the presumed common part; not only the common part for all distinguishing owners, but also the common part for distinguishing owners.

Complexity of rights and obligations in content

Co-ownership not only has co-ownership rights and obligations on the common part, but also mutual rights and obligations between co-owners.

Incidentality in punishment

The disposition of a co-owner against a co-ownership cannot be carried out alone, and only the disposition of his own exclusive part can accompany the disposition of co-ownership on the common part.

The indivisibility of rights

When the common ownership exists, it cannot be requested to be divided into separate ownership or enjoyed separately by the owner, otherwise the common part will no longer exist, which will lead to the disadvantage of exercising the exclusive rights of other divided owners. This is determined by the physical structure of all buildings. of.

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Based on foreign legislation and China's actual situation, the right of everyone to the common part includes the right to use,

Common ownership domain

Ordinary co-ownership arises from the will or factual act of the right holder in ordinary life; while the common right to distinguish the owner of the common part can only occur in the building to distinguish all areas, and it is not necessary to express human will as an element.

Basis of common ownership

Ordinary co-ownership is based on the "one thing, one right" doctrine, and is a co-ownership under one ownership formed on one thing; while co-ownership is under the state of ownership of a certain building, the owner of the ownership of each division Some share the common ownership based on multiple ownerships.

Independence of existence of joint ownership

Ordinary common ownership is independent ownership and can be publicly announced; common ownership is not independent ownership and cannot be publicly disclosed in law, that is, there is no record in the title certificate.

The number of the common ownership subject

Regardless of the common co-ownership or the common ownership, the co-ownership is necessarily a plural subject, and the common ownership subject is plural in view of each other, and the identity of the same distinguishing owner is complex.

Unity of common ownership object

The object of co-ownership is a specific and unified property, whereby property can be a holistic composite, such as a car. It can also be a collection, such as a house and its furniture. It can also be a simple thing, such as a piece of land; the object of joint ownership is decentralized, and it has joint ownership in several parts.

Procedural exercise of rights

The exercise of rights and obligations must reflect the will of all the owners, without special procedures; while distinguishing the owners as community members, exercise management rights in accordance with membership rights, in accordance with management regulations or legal provisions.

Ultimate severability

Regardless of whether it is shared by shares or in common, when the ultimate right subjects no longer have a mutual relationship with each other, the common property can be divided to individuals; the owner of the distinction must not require the common part to be divided.

Internal classification of common ownership

Ordinary co-ownership can be divided into share-based co-share and non-share-based co-share, while co-ownership is divided into contractual co-ownership, legal co-ownership, presumptive co-ownership, partial co-ownership, total co-ownership, and so on.

Joint ownership preemptive right

As a share of property, the owner of the share has the right to give priority to the property of the share transferred by other share owners under the same conditions. It has the complementarity in use value, so as to request the right of first refusal; as a distinguishing owner, it is not only possible to deal with the part of the object of co-ownership separately, but only to deal with its exclusive part to lead the transfer of the common part. In addition, other distinguishing owners cannot claim the priority purchase of the exclusive part with the matching usability of the common part.