You will need
- - passport;
- - extract from the cadastral passport of the house;
- - copy of cadastral plan of the house;
- - statement by the Department of architecture and urban planning;
- - the conclusion of the expert Commission;
- - the cadastral passport on each share;
- - cadastral plan, on each share;
- - the statement in Arbitration court if a mutual agreement is not.
When receiving an inheritance, part of which is a residential house, section can be produced by sale and the share of each in cash or through in kind section on the parts. Also are the division between co-owners. If the heirs or co-owners came to a mutual agreement, then to divide the house, you should contact the Department of architecture and urban planning, to submit an extract from the cadastral passport, copy of cadastral plan, write the statement and specify which part I would like to share the house. Additionally, it is necessary to present the conclusion of the expert Commission, which will present a technical officer from the Department of BTI.
After the conclusion of the chief architect of the district, the house can be divided into parts with the installation between parts of the walls of the capital and with equipment separate entrance to each owner.
After the partition in kind, each owner is obliged to call the technical staff of the BTI for the preparation of the technical documents for its share, to obtaining a cadastral passport for their share, cadastral plan, to extract from all the documents, copies of documents on assignment of the address of each part and register the right of ownership in the Federal registration centre.
If the heirs or co-owners came to a mutual agreement on the division of the house in kind or sell it to obtain the share of each in cash, and if the house can not be divided in kind, all differences are resolved in Arbitration court. The court can forcibly compel those who disagree with the section or sales persons to pay a sum of money to the value of shares of the house.
Different section is made between the spouses. If the house was inherited, purchased before marriage or a marriage contract indicating that the house in the divorce section is not subject and moves some of the spouses, to divide the house impossible.
If the house was purchased during marriage, regardless of whom it is issued, the property belongs to each spouse in equal shares (article 256 of the civil code and article 34 of the RF IC). Therefore, the house can be divided in kind or sold and receive the cash equal to ½ the value of the house.
If it is impossible to negotiate all the issues of responsibility are resolved in court.
If any section is not necessary to forget that the house is on the earth, and the earth is an integral part of the house, so will have to share not only the house but also the land. For his section to perform the survey, to make an own cadastral passport on each portion of the site and to register the rights of ownership.