You will need
- permission from the Department of architecture in section;
- - an application to the court;
- - title documents;
- - passport;
- - copy of cadastral plan;
- - legend with marked lobes.
If all owners or the spouses agree on the division of common property, contact the Department of architecture and urban planning. Submit your application, documents of title to the building, the architectural draft of a Chapter house to share in kind.
You will be given permission on the basis of which you will be able to deliver to the house main wall, to make a separate entrance. Everyone gets their share.
To register individual ownership right to the acquired shares, Rasmiyya common land, contact the BTI for registration of private technical and cadastral passport for each share, get the cadastral extract and contact PPRC.
Each owner will receive a separate certificate of ownership, then you have the right to dispose of own shares at its discretion: to sell, donate, exchange or to live in it.
In case of disagreement of all owners or spouses on a voluntary section you will have to apply to the arbitration court for enforcement section home.
Imagine in a court statement, the documents of title to the house, copy of cadastral plan, explication with marked lobes. If the house is large enough on the basis of a judicial decision, you will be able to share it to share in kind.
The procedure of registration of ownership rights under the compulsory section is exactly the same as in the voluntary allotment share. You need to obtain permission from the Department of architecture, how to install a main wall and do the private entrance you are not eligible.
A small house can not be divided into parts, for example, if the house has only one room. Therefore, the court will make a decision on the division of property in a percentage. To sell, exchange allocated percentage share is impossible, but you can get with other owners of its cost.
Advice 2: How to allocate a share in a private house
On the basis of article 252 of the Civil code of the Russian Federation, any participant in shared ownership may demand the allocation of its share of the total assets. This issue can be resolved by mutual agreement or through the courts.
You will need
- consent of the other owners in the allocation of shares, the court's decision
When the share of in house minor, you and the other contenders for the property can pay compensation to the owner of the disputed shares, even without his consent. After receiving these funds, the owner automatically forfeits the right to his share in the house.
If the size of the share of the owner is significant enough, it is necessary to obtain his consent to the redemption area. Only if there is a positive response you can re-register the right of ownership, compensation to the owner.
You can use the variant of allocation of shares in kind. In this case, you must provide the owner of an isolated part of the house, which will correspond to his share. The division of share in kind, remember that it is not always the real situation may be true. For example, you will receive 25% of the entire property. And the room and corridor that you can really isolate and make a separate login account for 35% of the entire house. Then you have to buy 10% ownership. Also compensation may not be only financial. The owner, whose share in the house was less can take economic construction. It is necessary to share not only living space but also utility rooms, for example, attic or outbuildings. Also fall under the heading of engineering systems and communications of the house.
To the section if someone of the owners used part of the house that exceeds his share in right of common ownership, this is not a reason to increase its share. He can only get the volume that has the right to claim the documents.
In the case of a dispute go to court with a request to allot shares. The basis for this is article 252 of the Civil code of the Russian Federation.