Galyantich M., Pyzhova O. The termination of the spouse joint home ownership The article is devoted to the study of the grounds for termination of joint ownership of a housing owned by a man and a woman. The peculiarities of the transfer of the ownership right, the pre-emptive right to purchase a share in the right of a joint partial ownership of the spouse for a housing are considered. The possibility of dividing a housing between the spouses both voluntarily and judicially, the conditions for

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... the allocation of a share and the procedure for using a common housing, if the separation of a share in a house (apartment) is impossible. Grounds for termination of the right for joint house ownership are classified according to the normative content in particular those specified by civil, family, housing legislation, their differences are proposed to be harmonized for the purpose of uniform application. It is noted that the division of a housing is possible only in the presence of technical expertise to allocate to each co-owner a separate living room with its own entrance. Separation of a self-contained housing must comply with the conditions stipulated by current state building codes. Proposed in Art. 362 of the Civil Code of Ukraine the pre-emptive right for purchasing a share in the right of joint ownership extends to the family members of a co-owner and is fixed in the rules of housing legislation but not in the rules of civil or family law of Ukraine. It is stated that Article 362 of the CC allows sale of a share in the right of joint partial ownership to any co-owner. However, the pre-emptive right of owner's family members to other persons must be fundamental and extended to cases of foreclosure in the right of joint home ownership. If it is not possible to separate a share of a house, it is proposed to give the court right according to a claim to establish the use of separate premises in such a house (apartment) with the obligation to keep a part of a dwelling and to make a payment for the use of partial living space including utilities.