There is a common relationship in the division of house property right relationship, that is, two units or more common houses. China's property law also stipulates that real estate or movable property can be jointly owned by more than two units and individuals. However, CO ownership includes co ownership by share and co ownership. When jointly purchasing a house, the division of rights and obligations under the two forms of property rights is also different.
1、 Definition
Joint ownership means that the co owners jointly enjoy the ownership of the jointly owned real estate or movable property, regardless of primary and secondary. The real estate ownership certificate is not marked or the words are vague, which does not show the relationship between them.
Co ownership by shares means that the co owners enjoy the ownership of the jointly owned real estate or movable property according to their shares. On the real estate certificate, it will indicate who has more shares and who has less shares.
2、 Conditions for the establishment of two relationships
The common property right relationship is based on the common relationship. A certain common coexistence relationship is taken as the necessary condition for the occurrence of this attribute. For example, husband and wife co ownership, family co ownership and partner co ownership all meet the conditions for the establishment of common ownership. The common form of housing property right is established, and the two or more are equal.
Co ownership by shares does not need this premise or restriction, but only the common will of the co owners. Even two unrelated people can establish this relationship, who is more and who is less, and decide by themselves.
3、 Scope of housing rights and obligations
Under the relationship of common property rights, co owners enjoy equal rights and undertake equal obligations to the house. In other words, as long as the co ownership relationship exists, the property right of the house is indivisible, and all people share the complete property right. However, once this relationship disappears, common ownership will no longer exist. We should jointly determine our own share, but we should uphold the principle of equality. If there is a contract, the basis of the contract. If there is no contract, we will discuss it.
The property right relationship of shared houses has its own share distribution from the beginning, and the obligations undertaken are also undertaken according to the share. The rights and obligations with more shares are also large. vice versa.
4、 Right of disposition
The right of disposition is the biggest difference between joint ownership by share and joint ownership《 The property law stipulates that the disposal of jointly owned real estate or movable property and the major repair of jointly owned real estate or movable property shall be agreed by the joint owners or all joint owners accounting for more than two-thirds of the share, unless otherwise agreed between the joint owners.
Therefore, in the way of joint ownership of housing property rights, if it is necessary to dispose of the housing, it is necessary to obtain the consent of all joint owners, otherwise it will be deemed invalid. Moreover, the interests of other co owners of the house shall not be damaged during the disposal, and the co owners whose interests are damaged can be solved through judicial channels.
The disposal of the property right of the house by share shall be subject to the consent of more than two-thirds of the co owners. Moreover, if a co owner by share wants to dispose of his own share or transfer his own share, he does not need to obtain the consent of other co owners, but other co owners have the right of preemption.
5、 Creditor's rights and debts
According to the nature of CO ownership by shares and co ownership, as well as rights and obligations, once creditor's rights and debts are involved, they are also different.
The joint owners are joint and several in the creditor's rights and debts. In case of debt problems, all the joint owners shall jointly bear the debt, regardless of primary and secondary.
When encountering the problem of creditor's rights and debts, the co owners of CO ownership by shares still determine the corresponding share of debts they should bear according to their own shares. If they have more shares, they will bear more debts, and vice versa.
6、 Division right
The exercise of the right of division is generally initiated by one party, but the exercise of the right of division means that it may cause losses to other co owners. Therefore, the person who advocates division shall compensate the other co owners, or if the value of the house is reduced due to division, the value of the loss shall be divided or compensated. Therefore, we should be careful when exercising the right of division.
If the co owner of the common house property right agrees that the common house shall not be divided, both parties shall maintain the current situation of the house in accordance with the agreement. If the co owner needs to divide the co owned house, if there is an agreed division method, it shall be carried out in accordance with the agreement. If there is no agreement, it shall be negotiated again, but the rights and interests of other co owners shall not be damaged.
The co owner can request to divide the house at any time, regardless of whether there is an agreement or no agreement or the agreement is not clear.