Advice 1: How to allocate a share in the apartment

If the apartment is in joint ownership of several persons, to allocate a share, you must first define it. The process is quite complex and contains certain pitfalls. Let's try to avoid them.
How to allocate a share in the apartment
Instruction
1
For the drafting and conclusion of the agreement on the definition of shares, all owners of apartments must apply to the notary. The notary will draw up and execute the necessary agreement, subject to the consent of all owners. If one of the owners of the apartment do not agree with his specific share or wants to determine the proportion in principle, you have to go to court.
2
In accordance with applicable law, we determine the proportion should be equal. For example, if you live in an apartment 4 people, then each share will be 1/4 of the apartment. Since the ownership of the apartment is shared, the separation of accounts does not occur.
3
Defined in the flat share can be identified, which means recognizing them as the private property of the individual. It is worth remembering that it is possible to define an isolated room, for example, a room. There is another problem - the law requires that the allocated room had its own entrance. In other words, to allocate a room in an apartment on the fifth floor is not possible.
4
Thus, the allocation of shares in the apartment - the procedure is extremely difficult. It is more applicable to one-story rural homes. Living in the cheaper apartments across the court to determine title to the apartment or to sell its stake (for example, in a conflict relationship with roommates). When determining the right to use the apartment through the courts, it is important that the rooms in the apartment were separate and not related, since this definition involves the establishment of a procedure under which one owner will be entitled to use the room # 1, and the other room # 2.

Advice 2 : How to allocate shares in the common property

When several persons own the same property, a thing, a property, a thing are in the common ownership of these entities. the Law distinguishes between two General modes of ownership: joint property without the allocation of shares and fractional ownership. As a General rule, ownership of property ownership, if the possibility of joint ownership provided by law. Nevertheless, the cases in respect of property, things effect the common mode of ownership, is very common: it is the property of the spouses acquired together, and privatized apartments (at the initial stage of privatization allowed without determining a share), as well as the property of a peasant (farmer's) economy.
How to allocate shares in the common property
Instruction
1
Before to allocate a share of the common property, it is necessary to transfer the property in the regime of common ownership. Spouses can do this, for example, concluded a marriage contract. And according to the General rule of article 244 of the Civil code (civil code) the transition from the regime of joint ownership in the regime of common ownership is by agreement of all co-owners, or by court order, based on the requirements declared by one or more co-owners.
2
The allotment of the shares of common equity of ownership as a General rule, shall be made by agreement of all co-owners (article 252 of the civil code). In some cases the allotment of shares is possible in nature, for example, in a private home you can make a separate entrance and use only part of the house. In other cases, the apportionment of the share in kind is impossible, so the percentage released of the owner, may be redeemed by one or more of the remaining co-owners.
3
If no agreement is reached, any of the shares of ownership may apply to the court demanding the appropriation of his share (article 252 of the civil code). There will also be a divisibility or indivisibility of the object in nature. You need to keep in mind that the share in right of common of ownership is shares of the abstract, not tied to, for example, a particular room or part of the house, continuing the example of a private house, therefore, the partition of the house in kind the amount of such perfect proportion and may not represent actual shares, which you can highlight. For example, the share of ownership is 50% and the room and hallway, which really can be allocated for a separate entrance, make up only 40% of the house. In such cases, to compensate for the disproportion are actually allocated share of share of persons of the right of ownershipthe owner establishes a cash payment from the (other) owners whose real property share has increased at the expense of the owner. The disparity can be eliminated not only money, but a compensation, for example, by awarding the aggrieved owner of the barn or other outbuildings at the house.
4
If it is impossible to allocate a share in nature, a participant in shared ownership shall have the right to demand payment of the value of its shares of the other participants. On the other hand, if the share of a participant is negligible and it has no significant interest in the use of common property, the court may oblige the other participants of shared ownership to pay compensation to such participant even in the absence of his consent. From the moment of receiving compensation for their share in the common property, the person shall lose right to share in the common property.

Advice 3 : 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.
How to allocate a share in a private house
You will need
  • consent of the other owners in the allocation of shares, the court's decision
Instruction
1
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.
2
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.
3
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.
4
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.
5
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.

Advice 4 : How to allocate a share in the apartment in joint ownership

The definition and the allocation of shares in the apartment, in joint ownership is complex and time consuming process. Usually face a similar problem in the privatization of housing or in the joint purchase, being in a legal marriage. Not to come across pitfalls in the design section, should know the process.
How to allocate a share in the apartment in joint ownership
You will need
  • - all the documents in the apartment, including the ownership certificate, the contract on privatization, the contract of sale;
  • - copies of passports certifying the persons of residents, and also establishing the degree of kinship;
  • documents available on request (receipts, checks, statements, orders).
Instruction
1
Determine the number of owners has the right of possession, use and disposition of apartment. Most often, this process can be carried out independently, however, faced with the incomprehension of relatives, or in the event of a conflict made a statement on the definition of the co-owners in court. In the course of civil law dispute is to be installed, the number of co-owners of the existing space.
2
Submit the prepared documents and the application for establishing the share of each owner in the building. Allocation of shares occurs on the basis of articles 252-254 of the civil code. That is, if the right to the apartment have 5 people, then each will receive a certificate of lawful possession 1/5 of the housing.
3
A certain share can be identified, that is to recognize each as a property for a specific family member. However, to highlight the apartment a separate room, the law requires the presence of an own entrance, that is, even theoretically, in the apartment of this procedure is not possible. Such a process is easier to implement with a single storey dwelling house.
Note
If, however, the allocation of the area is urgently needed, it should be noted that the presence of interconnected rooms, the court is to assume the ability of each resident to have possession of your room and use adjacent.

The division of shares to children is a notary and is registered in the Registration chamber.
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