Can the ownership of a property co owned by shares still be confirmed?

Ownership sounds uncontroversial, isn't ownership just shared by shares?

If the ownership of the house becomes unclear due to inheritance, transaction, etc., of course, it can be confirmed by litigation.

Legal Analysis: 1) The house purchased by one party with his or her own funds before the marriage. According to the provisions of the Marriage Act, the pre-marital property of one of the spouses is the personal property of one of the spouses.

However, if one party buys a house with his or her own funds before the marriage, but registers the property right in the names of both parties for some reason, this is regarded as a gift to the other party, in which case the house belongs to the joint property of the husband and wife.

2) A house purchased by one or both parents. If a house purchased by one of the parents for the child is registered in the name of the investor's child, it shall be regarded as a gift to only one of the children, and the house shall be recognized as the personal property of one of the spouses. However, if the property is registered in the names of both husband and wife, it shall be regarded as a gift to both husband and wife, and the house shall be recognized as the joint property of the husband and wife.

If the house is purchased with the capital of both parents, and the property right is registered in the name of one of the children, the house can be recognized as jointly owned by both parties according to the share of their respective parents' capital contributions, and belongs to the joint property of the husband and wife.

3) The house where one party signs a contract to buy a house before marriage, and pays the down payment with personal property, is registered in his own name. If the husband and wife repay the loan with the joint property after marriage, when a dispute arises, it can be handled by agreement between the two parties, and if the agreement is not reached, it shall be owned by the party who registered the property right, but the mortgage repaid by both parties after marriage, as well as the part of the corresponding point value-added, shall be compensated by the property right registration party to the other party at the time of divorce.

Legal basis: Civil Code of the People's Republic of China

Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that should be jointly owned by Kaiqiao Angelica.

Husband and wife have equal rights to dispose of joint property.

Article 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall be owned by each other, and the debts owed by the husband or the wife to the outside world are known to the counterpart, the personal property of the husband or the wife shall be repaid.

Co-ownership is divided into co-ownership and co-ownership, and co-ownership is divided into co-ownership and co-ownership, and the co-ownership of real estate is determined by share as follows.

1. Joint construction. Two or more persons shall, according to the agreement, jointly contribute, contribute, and contribute to the construction of a house in accordance with the law according to a certain proportion. or one party contributes money, contributes materials, and the other party contributes, or one party contributes and the other party contributes, and jointly contributes things, etc., after the house is built and buried, it will be distributed according to the proportion agreed in advance.

2. Joint venture purchase. The co-owners share the ownership of the house in proportion to their contributions.

3. Joint inheritance. Some of the houses in the estate cannot be divided into one person, and when they cannot be divided, the house can only be divided into several parts to be inherited by the heirs according to their shares, thus forming a joint property among them. It can be equal or unequal, but each person's share is clear.

The co-ownership relationship before the division of the estate is a co-ownership relationship.

5. Jointly destroy the boy and receive the same gift. Refers to the joint acceptance of a gift or bequest of a house by multiple people. The above co-ownership properties are different from co-ownership properties, and must be handled separately in the handling of cases.

Legal analysis: The co-owners of the house enjoy the following three types of rights: (1) the right to claim the division of their own shares.

On the premise of not affecting the operation and management of the whole house, the co-owners by share may request to share their shares, otherwise they can only be compensated by other co-owners. (2) Dispose of one's own share rights. The co-owners have the right equivalent to the sole ownership of their share of the house, and they can dispose of their share of the house according to their own wishes, such as selling, donating, abandoning, etc.

3) The right of first refusal to the shares of the other co-owners**. The right of first refusal means that when a co-owner sells his share, the other co-owners have the right to purchase the property in priority over others under the same conditions.

Legal basis: Civil Code of the People's Republic of China

Article 305 A co-owner by share may transfer his share of the immovable or movable property in common. The other co-owners have the right of first refusal under the same conditions.

Article 306: Where a co-owner transfers his or her share of the immovable or movable property in common, he or she shall promptly inform the other co-owners of the terms of the transfer. The other co-owners shall exercise the right of first refusal within a reasonable period of time.

Condominium can be divided. According to Article 303 of the Civil Code, if the co-owners agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but if the co-owners have serious reasons for the good old and need to divide it, they may request division; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are serious reasons for the division. Where the division causes harm to other co-owners, compensation shall be given.

Paragraph 1 of Article 304 stipulates that the co-owners may negotiate to determine the method of division. If no agreement can be reached, and the jointly owned immovable or movable property can be divided and the value will not be diminished due to the division, the physical property shall be divided; Where it is difficult to divide or the value will be diminished due to division, the price obtained from the discount, auction or sale shall be divided. Article 303 of the Civil Code provides that where the co-owners agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but if the co-owners have serious reasons to need to divide it, they may request division; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are serious reasons to divide it.

Where the division causes harm to other co-owners, compensation shall be given. Article 304, Paragraph 1 of the Civil Code provides that the co-owners may negotiate to determine the method of division. If no agreement can be reached, and the jointly owned immovable or movable property can be divided and the value will not be diminished due to the division, the physical property shall be divided; Where it is difficult to divide or the value will be diminished due to division, the price obtained by the person who discounted or envied the socks through auction or sale shall be divided.