You will need
- The statement of claim;
- the right establishing documents on a share in the apartment (certificate of ownership and document the basis on which you acquired the right of ownership (contract of transfer or donation, sale or certificate of inheritance, etc.);
- extract from the house register - (valid 1 month);
- a copy of the financial account - (valid 1 month);
- floor plan (BTI) ;
- explication (BTI);
- receipt of payment of state duty for claims of non-property character;
- a copy of the claim by the number of parties.
There are two options to determine the order of use of the apartment. The easiest way is voluntary. If all the owners of apartments agree to determine the order of use, make an agreement on the definition of the use of the living space. You also determine which facilities will use to sign the document in the presence of a notary. Try to anticipate all the nuances, to prescribe all possible contentious issues, in order to avoid disagreement.
In the case of when the owners can't come to common decision, the right to use the apartment determined by the court. Gather the necessary documents along with them submit an application to the court. The definition of the use of space involves not only who in what room will live, but who and when will use common spaces (kitchen, bathroom, etc.).
Before the start of the hearing to every owner will receive a summons which will indicate date and time of the court. Upon receipt of the summons, report within the specified period to the court. Usually the court tries to find the most equal conditions for all owners. If you have specific preferences or requests, inform the court. If space allows, you can ask the court to give each owner a separate room. Consider options for the redevelopment of the apartment with the aim of creating optimal conditions for each of the tenants. If it is possible to allocate a share in such a way that will not only be a separate room for living, but has a separate entrance, such as the kitchen, comfort of living, and hence the price of share will increase (in the case that you will need to sell it).
If the court is not satisfied with some of the owners can file an appeal within 10 days from the date of the court decision. About filing of the application to appeal will specify immediately in the courtroom.
According to article 247 of the civil code the ownership and use of property in shared ownership shall be carried out according to the agreement of all its participants, and in case of not achievement of the consent in the manner established by the court.
Each apartment has an individual design, if there is a necessity to conduct reconstruction of the apartment, attach to the claim redevelopment project housing.