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Topic: Undivided co ownership

	Condominium - Wikipedia, the free encyclopedia
		It is the legal term used in the United States and in most provinces of Canada for a type of joint ownership of real property in which portions of the property are commonly owned and other portions are individually owned.
		An alternative form of ownership, popular in the United States but found also in other common law jurisdictions, is the "cooperative" corporation, also known as "company share" or "co-op", in which the building has an associated legal company and ownership of shares gives the right to a lease for residence of a unit.
		Common law tradition holds that real property ownership must involve land, whereas the French civil law tradition recognized condominium ownership as early as the 1804 Napoleonic Code; thus, it is notable that condominiums evolved in the United States via a Caribbean government with a hybrid common-civil legal system.
	en.wikipedia.org /wiki/Condominium_(housing) (828 words)

	CEDAW/C/SVK/1 - State Party Report - Slovakia
		Undivided co-ownership of the spouses relates to all tangible assets (including money) that may be considered property, lawfully acquired by any one of the spouses in the time of the existence of the marriage.
		Exclusive individual ownership by a spouse also applies to assets delivered to him or her pursuant to legislation on restitution, provided that they had been in their respective ownership prior to the marriage, or were delivered to them as to legal successors of the original owner.
		Undivided co-ownership is terminated by discontinuation of the marriage or rescinded, for grave reasons, by court decision applied for by either of the spouses while the marriage still existed.
	www.hri.ca /fortherecord1997/documentation/tbodies/cedaw-c-svk-1.htm (9072 words)

	Co-ownership of property - Chambre des notaires du Québec
		Each owner of a fraction has the exclusive ownership of a private portion of the immovable, and has an undivided right of ownership, that is, a share proportionate to the relative value of his fraction, in the common portions of the immovable.
		Undivided co-ownership of a property begins informally when several persons, the undivided co-owners, acquire ownership of the same property.
		Each co-owner is free to sell or transfer his or her undivided share in the property, unless otherwise stipulated in the indivision agreement.
	www.cdnq.org /en/legalInformations/depliants/coOwnershipOfProperty.html (1384 words)

	Property Ownership: Title Options
		This article will review the most common forms of asset ownership by individuals in North Carolina and their estate planning implications by looking at the primary forms of ownership, which are divided into two major categories (sole ownership and concurrent ownership), as well as living trusts as an alternative to these forms of ownership.
		Maintaining complete ownership of an asset is simple and easy and gives the owner the most flexibility when developing and funding his or her estate plan.
		Sole ownership or tenancy in common on the other hand may make transfers to beneficiaries subject to probate; however, tax considerations may make it necessary for the property to be owned in sole ownership or tenancy in common.
	www.poynerspruill.com /infocenter/Estates_Trust/titleopt.asp (1588 words)

	Supreme Court of Canada - Decisions - Coopérants, Mutual Life Insurance Society (Liquidator of) v. Dubois
		From the outset, therefore, a distinction must be drawn between the rights that an undivided co‑owner may claim in the thing or physical object and the rights he or she has in his or her share, which is incorporeal property.
		The undivided co‑owner may not claim an exclusive right in the thing or physical object since his or her share has not crystallized in a specific portion.
		The appellant and the debtor thus agreed in the indivision agreements to postpone the partition of their undivided interests for a period that would be the lesser of 35 years or the maximum term allowed by law.
	scc.lexum.umontreal.ca /en/1996/1996rcs1-900/1996rcs1-900.html (5668 words)

	Civil Code of Québec >> Book 4 ss. 899 to 1370
		The court may designate the manager on the motion of one of the undivided co-owners and determine his responsibilities where a majority in number and shares of the undivided co-owners cannot agree on whom to appoint, or where it is impossible to appoint or replace the manager.
		Where one of the undivided co-owners administers the undivided property with the knowledge of the others and without objection on their part, he is presumed to have been appointed manager.
		The undivided co-owners may satisfy those who object to the establishment of divided co-ownership and who refuse to sign the declaration of co-ownership by apportioning their share to them in money; the share of each undivided co-owner is then increased in proportion to his payment.
	www.canlii.org /qc/laws/sta/ccq/20040323/part5.html (15125 words)

	CHAPTER 1. Players, resources and rights
		This means that the owner can transfer ownership of all or part of the property as he or she wishes, whether by sale or by gift.
		Propriété collective (F); Propiedad colectiva (E) Collective ownership of a natural resource is where the holders of rights to a given natural resource are clearly defined as a collective group, and where they have the right to exclude third parties from the enjoyment of those rights.
		Ownership is determined according to a hierarchy of family relationships which are recorded by the Native Land and Fisheries Commissioners.
	www.fao.org /DOCREP/005/X2038E/x2038e05.htm (8938 words)

	top (Site not responding. Last check: 2007-10-24)
		Clients and their counsel should still make an independent verification of facts stated, and an analysis of the assumptions used for projecting future events and outcomes which are anticipated to result in the TIC Owner receiving the return on, and the return of, its financial investment.
		This means that the ownership arrangement must be treated as a tenancy-in-common under the laws of the jurisdiction where the rental real property is located.
		One tax consequence of ownership of a TIC Interest that may not be readily apparent is that any losses arising from the TIC Interest will be "passive losses" for federal income tax purposes.
	www.1031pro.com /articles/tic_article.html (5833 words)

	Cooley Godward LLP \| News & Publications \| In The News \| Joint Ownership of Intellectual Property
		Parties considering joint ownership should bear in mind that the rules governing the rights of co-owners are different in many foreign countries from those in the U.S. In many foreign jurisdictions, all co-owners must join in licensing the copyright to a third party.
		A re-allocation of rights among co-owners may be considered a “transfer of copyright ownership” under Section 204(a) of the Copyright Act[66], and therefore valid only if it is in writing and signed by the owner of the rights conveyed.
		Parties contemplating joint ownership of patents should consider and, in most cases include provisions in their agreement specifying, how prosecution and maintenance of the patents will be handled.
	www.cooley.com /news/inthenews.aspx?ID=000037472420 (5047 words)

	The differences between condos and co-ops.
		The terms 'co-op' and 'cooperative,' are short for 'cooperative housing project.' Cooperatives were in existence and common before the condominium scheme of ownership was fully developed in the United States.
		Attorney St. John points out that since there is no fee simple ownership of the unit, it is sometimes difficult to obtain financing because the security for the loan is the resident's shares in the corporation.
		Powers of the board: Despite the fact that many condo associations contend that they are empowered to either approve or disapprove the transfer of ownership, the reality is that they have almost no power at all.
	www.bankrate.com /brm/news/real-estate/condos1.asp (1515 words)

	Régie du logement - Tenants - Information leaflets (Site not responding. Last check: 2007-10-24)
		Therefore, any tenant residing in the dwelling when the notice of intent is sent or any new tenant whose lease begins before the Régie du logement's decision authorizing the conversion has the right to remain in the premises as long as he wishes if he respects the conditions of the lease.
		A building is deemed to be «under undivided co-ownership» when it belongs to two or more individuals and each is a joint owner of an undivided (undefined) part of the entire building.
		For example, A, B and C are joint owners of one third each of the building but they do not own any one particular apartment.
	www.rdl.gouv.qc.ca /en/3_0/3_6_14.asp (1517 words)

	A Beginners Guide To Joint Tenancy
		In states that don't recognize tenancy by the entireties, the default would be joint ownership with the right of survivorship.
		Warda describes tenancy in common as "ownership in which the death of one owner results in that person's interest going to his or her heirs".
		Because of the lack of severability of this form of ownership, the creditor of one spouse can't take the property in those states that offer this form of ownership.
	www.rpifs.com /lawsuits/apjtency.htm (1172 words)

	OSCN Found Document:Singer v. Singer
		Each partner shall be free to enter into business and other transactions for his or her own separate individual account, even though such business or other transaction may be in conflict with and/or competition with the business of this partnership.
		This allegation of ownership amounts to an aggregate of 51.875 percent of the claimed oral partnership.
		We note the "inconsequential" 10 acre mineral tract is the equivalent of 25 percent of the IDS minerals, it being conceded by both sides that the IDS minerals constitute the major value of the entire purchase.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=5153 (3250 words)

	The Forest Landowners Guide to the Federal Income Tax: Chapter 12-Form of Forest Land Ownership and Business ... (Site not responding. Last check: 2007-10-24)
		The form of ownership in which you hold your woodland property is important from a tax standpoint.
		Ownership of property in one name is normally the simplest type of ownership.
		The undivided ownership of property by two or more persons is called co-ownership.
	www.timbertax.org /publications/aghandbook/html/ch12.asp (1992 words)

	globeandmail.com : globeinvestor.com : Hudson's Bay Company Reports 2005 First Quarter Results
		The scheduled liquidation commencement dates for the existing $900 million of undivided co-ownership interests sold to the Trusts are March 31, 2006 (as to $400 million), January 31, 2007 (as to $300 million) and January 31, 2007 or later under certain circumstances (as to $200 million).
		Under the securitization program, the Company is permitted to sell undivided co-ownership interests up to the amount by which the amount of receivables satisfying certain eligibility criteria exceeds a required minimum retained interest amount.
		A portion of the current eligible receivables amount in excess of the $900 million of undivided co-ownership interests sold to the Trusts (in the range of 17% to 21% of the sold amounts), must be retained by the Company under the securitization program and cannot be sold by the Company.
	www.globeinvestor.com /servlet/WireFeedRedirect?cf=GlobeInvestor/config&vg=BigAdVariableGenerator&date=20051025&archive=ccnm&slug=1025200n (7961 words)

	How Individuals Share Ownership of Real Estate in Massachusetts
		In addition to sole, individual ownership, there are three primary forms of shared or joint ownership to property, both real and personal, in Massachusetts.
		The key distinction between a tenancy-in- common and other types of co-ownership or shared ownership is that, upon death, each owner's interest passes to the deceased person's heirs or those named in his will.
		Each spouse has an undivided interest in the whole property and the right to sole ownership when the other spouse dies.
	www.massrelaw.org /shareownership.htm (890 words)

	MARIAGE-QUEBEC:LEGAL ASPECTS:Montreal notary and wedding officiant:Montreal weddings:Montreal marriage ...
		When the regime is dissolved, a spouse must be able to prove his or her ownership of an item to be recognized as the owner.
		First of all, neither spouse may dispose of the family residence and the furniture used by the household (with which this residence is furnished or decorated) without the consent of the other; a spouse who disregards that obligation could be liable for damages.
		The spouse who had not consented to the disposal of the family residence can have the transaction annulled if a declaration of family residence was first registered with the registry office of the registration division where the residence is located.
	www.mariage-quebec.net /English/legal_aspects.htm (2644 words)

	Marriage
		The same applies to the furnishings and decorative elements in the residence that are for the general use of the family.
		Neither spouse may, without the consent of the other spouse, dispose of a family residence (principal or secondary residence) or the furniture and decorative items in the residence for the use of the family.
		This is done by having the names of both spouses written into each notarial act of ownership or purchase whenever the value of a transaction warrants it.
	www.justice.gouv.qc.ca /english/publications/generale/maria-a.htm (4038 words)

	Éducaloi - La loi vos droits - De Facto Spouses - De facto spouses and undivided co-ownership
		Ownership of a dwelling is undivided when it is impossible to physically divide the building among the various co-owners.
		If ownership is not specifically apportioned in the deed of purchase, the law provides that each co-owner owns an equal share.
		If no proportion of ownership is stated in the deed of purchase, it will be very difficult for this spouse to later claim back half of the down-payment from the other spouse.
	www.educaloi.qc.ca /en/loi/de_facto_spouses/158imprimer (1777 words)

	New Page 1
		It is similarly to tenancy in common, except that in joint tenancy, the interest of a deceased cotenant passes automatically to the surviving joint tenants in equal shares, regardless of the last will of the deceased.
		A judgment of ejectment does not determine ownership, it simply ejects any person who is improperly in possession of the real estate.
		For example, a person who intended to bid on the purchase of a parcel of real estate at a forthcoming auction and who wrote letters to other prospective bidders contending that he already had an option to buy the property, could be held liable for slander of title.
	www.csus.edu /obe/West/Glossary/j.htm (2205 words)

	The Prague Tribune
		Besides transfers against payment for or change of ownership of real estate, trading of real estate is also subject to the real estate transfer tax.
		When real estate is traded, the mutual real estate transfers are considered as a single transfer, and the tax is paid on transfer of the real estate on which the transfer tax is higher, and both parties to the exchange contract pay the tax jointly.
		In some cases the law stipulates that no expert appraisal must be submitted, e.g., when the transfer or change of ownership of the real estate that is tax-exempt.
	www.prague-tribune.cz /2005/12/15.htm (445 words)

	Telemark June 1999
		A company, belonging to an individual, who is an undivided owner is considered a third person to an undivided co-ownership.
		Articles 1002 C.C.Q. provides that when one of the owners in an undivided ownership "learns that a third person has acquired, by onerous title, the share of another undivided co-owner", he may exclude the third person from the joint ownership by reimbursing him for the transfer price.
		This article provides that when one of the joint owners of a undivided ownership "learns that a third person has acquired, by onerous title, the share of another undivided co-owner, he may exclude the third person from the joint ownership by reimbursing him for the transfer price.
	www.marquedor.com /telemarque/archives/99-06-01_en.htm (1923 words)

	Co-ownership
		There is a joinder requirement regarding real property and household furnishings, which states that one spouse may not sell, lease, encumber, purchase, or transfer property without the joining in the transaction of the other spouse.
		If the shares of ownership are to be unequal, the deed should so indicate.
		If there is no Will, the ownership will pass according to the laws of intestacy (descent and distribution) and not necessarily to the remaining owner.
	www.pierce.ctc.edu /OffTech/Office263/lectures/co_ownership.htm (607 words)

	ZUZCAK AND ZUZCAKOVA v. SLOVAKIA - 48814/99 [2004] ECHR 339 (13 July 2004)
		It found that Mr S. had lost his share of the ownership of the house by the forfeiture imposed on him in his criminal proceedings.
		It found that the contract of 1989 was void to the extent that it concerned the half of the property which belonged to Mrs S as that part of the property had not been transferred to State ownership prior to the sale to the applicant.
		This was inter alia due to the fact that changes in ownership of the house over a period of time and the involvement of a foreign national had to be examined.
	www.worldlii.org /eu/cases/ECHR/2004/339.html (4465 words)

	CONCURRENT CO
		Title to real property in California may be held by individuals, either in Sole Ownership or in Co-Ownership of real property occurs when title is held by two or more persons.
		Under tenancy in common, the co-owners own undivided interests; but unlike joint tenancy, these interests need not be equal in quantity or duration, and may arise at different times.
		Ownership is a personal property interest and can be divided into any number of interests
	www.homeloan123.com /title.htm (1138 words)

	CNW Group
		As of January 31, 2006, the scheduled liquidation commencement dates for the existing $900 million of undivided co-ownership interests sold to the Trusts are March 31, 2006 (as to $400 million), January 31, 2007 (as to $300 million) and January 31, 2007 or later under certain circumstances (as to $200 million).
		For so long as the securitization program continues, the Company indirectly benefits from the low funding costs incurred by the Trusts, which finance their ownership of undivided co-ownership interests by issuing highly rated commercial paper.
		If the GE Money sale transaction was not completed for any reason and the securitization program continued on its current terms, the Trusts' undivided co-ownership interests would begin their scheduled liquidations as of January 31, 2007, or sooner, if the Company elected to liquidate some or all of such undivided co-ownership interests.
	www.newswire.ca /en/releases/archive/March2006/08/c0197.html (12818 words)

	Act 1.130 of 8 January 1990 relating to fonds communs de placement (unincorporated mutual funds)
		An unincorporated mutual fund is a pool in common ownership of transferable securities and financial instruments traded on regulated markets operating on a regular basis and open to the public, and sums placed for a short period or payable at sight.
		Funds do not have legal personality and are not subject to the provisions of the Civil Code relating to undivided co-ownership or to company law.
		Unit holders shall be liable for debts incurred in common ownership only in the amount of the fund's assets and in proportion to their share thereof.
	www.gouv.mc /Dataweb/GouvMc.nsf/aa0639b68b27b53f88256a2d0082dd3b/8ed7b01d782a6c91c1256fab002e4a9e!OpenDocument (3315 words)

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