A part-owner with a smaller share in a property won’t be asked
Joint property and other real estate can be sold without asking the co-owner with a smaller part in the property for permission to do it, says the decision of the Supreme Court trying case № 6-68цс14, Vesti (Вести) reports.
«The resolution says one of the co-owners with a larger part in the property, in this case, a private house, can sell it without consent of another part-owner with a smaller share. This does not imply that the latter will not get anything from sale – just on the contrary, the co-owner with a smaller part will get the money in proportion to the share in the property, however, there is one thing that matters: the property can be sold without consent of a co-owner, if this sale, in the court’s opinion, is not prejudicial, does not result in substantial injury to all parties. But what part of property - in terms of percentage – is regarded to be large or small, is not clear. Such cases can be settled by courts only, so, a new corruption loophole has appeared», - explained Managing Partner at Law Firm Kravets & Partners Rostyslav Kravets.
