You will need
- - the legislation of the Russian Federation;
- - the right of ownership.
In the case when the apartment has been privatized, to separate the account of payment of utility services, contact the management company or the homeowners Association. If any services such as electricity or gas, you give directly the power supply organization, you will need to apply to each of them.
Give these organizations a statement from each owner of the premises, between which should be made the division of accounts. Also, you will need to bring documents that prove ownership. Sometimes management companies are refusing to make the separation without the presence of a written agreement between the owners. Therefore, pre-compose the document in a free form and sign.
If the management company refuses to grant your request or cannot reach an agreement between the owners, sue in court. In court the contract with the management company can be changed on the basis of paragraph 2 of article 450 of the civil code, and account will be divided.
When contacting the court, prepare a package of documents: a certificate of residence on family composition, certificate of state registration, certificate confirming the absence of debts. Note that the share of existing debt, to pay only your part, you can't. But you will then be able to recover that amount from the debtor in court.
If after the division of the account for whatever reason, will be absent more than five days, submit to the management company a statement to Pereraaccount of payment of utilities. Also you will need to provide proof that the period of time you lived in a different place. Note that the allocation is not made immediately. UK will need to be authenticated, the documents you provide.
Splitting the bills in privatized apartment it is impossible.
Advice 2 : How to split the bill in a privatized apartment
Any property that is in the hands of several owners, may be issued as to the definition of a share and joint property. If there is a need to separate personal accounts in a privatized apartment, this can be done only with shared ownership.
Any dwelling serviced by public utilities. If the room is in joint ownership, the account one. On it credited payments and written off. The desire to share the burden of payments is clear: if you have any conflicts with utilities will have to understand exactly what the owners, the bills which there was no charge. In this case, the bona fide owners are protected from lawsuits and other troubles.
So, to divide the personal account, you can get a separate account according to the share, which is decorated in the property. It is not important enough for that share, to allocate a separate room or not. The share is issued exactly on the square footage of the property. In this case, the apartment becomes one object of ownership, but a few. Each share's owner, who has your account. According to his owner and pay for utilities.
If the owners of the apartment, which is joint ownership, agreement on the division of it into shares, and together they go to the notary, who comes from a particular case is the list of necessary documents and describes a sequence of actions.
If there is a conflict, it is necessary to apply to the magistrate at his residence with a claim on the allocation of shares in the apartment, privatization of which the applicant participated. To rely in this case on section 16 of the civil code.
When all notarial issues are settled, the apartment is divided into shares, you should contact the VES at the place of residence to renew the contract for the apartment. In VES are copies of certificates of state registration of ownership rights on share in the apartment and the owners statement on the separation of account.
Right now he needs to make a claim before the courts of law. After that the court will decide whether there is a possibility to carry out the allocation of shares in privatized apartment, while not causing substantial harm to property. If this possibility exists, then the allocation will be made, and a participant in shared ownership will receive their share in kind.
Here you don't know what part of the privatized apartment belongs to You, and this is the complexity that decide such cases are very difficult. This share is hard to sell, because here utilities are shared, and You can not the buyer to provide some physical properties of the share. Therefore, the release in such a situation is offer to sell the share in the joint apartment owners, official conditions.
Advice 3 : How to share personal accounts of the apartment
With the entry into force of the current Housing code of the Russian Federation facial accounts and municipal and privatized apartments to share stopped. However, if the apartment is privatized, it is possible to conclude an agreement between the owners on payment of utility services or to establish the order of payment by the court.
You will need
- - agreement on the procedure for the payment of utilities (with normal relations between the owners enough and a verbal agreement but the written form is more reliable) or a lawsuit on establishing the procedure of payment of utilities and documents that prove you set out in the statement of claim the facts.
If the owners of a normal relationship, it is easiest to agree on who should pay how much. Seems a fair division of payment services, regardless of the number spelled out, in proportion to their shares in ownership of the apartment. With regard to the quantity prescribed, the costs associated with each must carry the owner, who was the initiator of their residence. There is another order: it all depends on how to negotiate between the owners, the stringent requirements of the law on this part no.
More reliable and conclusive in case of dispute the document, compiled on the basis of the agreements of the owners. Samples you can search online or ask for help in the preparation of legal advice. If the owners themselves quite literate and possess basic canons of office, will be able to prepare an agreement on the procedure of payment of utility services and without assistance. To assure the document before a notary public or anywhere else the law requires. But for reliability, you can go to the notary's office at will.
If the owners of the shares for any reason unable to agree, either of them may initiate an appeal to the court, that he determined the order of payment of utilities by all of the owners of the apartment. Will need to pay the stamp duty (size and details can be found in the office of the court). The list attached to the application documents depends on the arguments used by the plaintiff in the statement. Each argument, the court found it persuasive needs to be documented or evidence.
Advice 4 : How to share financial account
In some cases, families may be a dispute over the division of payment for utilities. If a peaceful solution cannot come, the Housing code provides for the possibility of separating the financing account. Before you begin this procedure, you should read the basic terms section.
You will need
- - certificate confirming income of the applicant;
- - extract from home books;
- - plan of the apartment of BTI, indicating areas of rooms;
- - copy of financial personal account;
- - passport of the applicant.
Analyze the financial conditions section of the front accounts of the apartment. They put forward not only to the living area, but also to family members. A separate account can only be opened for an adult and capable citizen of the Russian Federation, which was and is lived in the apartment and is a member of the family. Section of the account occurs only in isolated rooms, which have a width of 2 m and the only entrance. Also the window should not enter the yard with a size of 5x5 metres away and opposite the building must be more than 3 m
Get written consent from all family members on the division's financial-obverse account. Then you can collect the rest of the documents. It relates to: certificate confirming income of the applicant; an extract from the home of the book; the plan of the apartment of BTI, indicating areas of rooms; a copy of the financial-obverse account; the passport of the applicant. Write a statement in the prescribed form which can be obtained in the office of the Department of housing policy and housing Fund of the Russian Federation in your County.
Submit your application and documents to Ujpest of the Russian Federation (Department of housing policy and housing Fund of the Russian Federation). Wait for a decision on your request. Sign a new contract of employment and will receive a separate financial-obverse account. In practice, to obtain agreement on the partition of accounts is quite difficult, so the question has to solve in a judicial order.
Please see the statement of claim to the court for in financial-obverse account. If family members refused to amend the established order in the apartment, the lawsuit is filed for compulsory partition. In this case, each family member will receive an equal share of the account. Otherwise, a defendant in the suit is Ujpest of the Russian Federation. It is necessary to submit to the court the same documents, which ruptured in a housing body. Section account is made on the basis of a judicial decision.