Advice 1: How to share a private house

Often in life there are different circumstances, which is necessary to make the division of property. The house divided when obtaining the inheritance, upon divorce, if there are multiple owners, who want to live separately. Section can be produced in accordance with the specific situation.
How to share a private house
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.

Advice 2 : How to divide the privatized apartment

According to the law, privatized apartment, registered in the Federal registration centre, is the property (article 8 of the civil code). The property is registered to all persons specified in the privatization agreement (Federal law 122-F3 on the registration of property rights). To share the apartment proceeding from the commonly shared laws of ownership.
How to divide the privatized apartment
You will need
  • - the statement in Arbitration court;
  • - copy of the cadastral plan.
Common ownership arises on the basis of registration and is governed by article 244 of the civil code. In the case of privatization of common property between spouses does not occur if one of them didn't participate in privatization and the lease is in one spouse, because privatization is a form of unilateral transactions, and all that donated without compensation not subject to the section (article 256 of the civil code, 34 SK the Russian Federation). Hence, when divorce, a privatized apartment will be for those who privatized, that is, to divide it is impossible. In all other cases, each owner is entitled to receive its share in kind or in its equivalent value of cash.
To share in the privatized apartment can be by mutual agreement between all the owners way of exchange or sale and division of funds. Or in court, if someone of the owners do not agree on the partition.
To force the section should apply to Arbitration. In the statement specify, what method should separate apartment, by paying an equivalent share in cash or in kind. If you specify the apportionment of shares in kind, you must attach a copy of the cadastral passport with defined boundaries, on which, in your opinion, can produce section.
The court will refer you to an independent expert Commission, which will determine the possible appropriation of a share in kind or not. The apartment can be split only if each owner get the isolated room and everything will come to an agreement about the General use of places that can not be divided, in particular – are corridors, kitchen, toilet, bathroom. If the Board in kind are possible, then each owner will issue individual certificate of title, after obtaining a cadastral passport for their share and the cadastral plan.
If the apportionment of a share in kind is impossible, then all who disagree with the topic by way of sale or exchange, will be obliged compulsorily pay the cost of your shares in cash. But this is not the best option, since by law from any payer cannot deduct more than 75% of the revenue of the value of its shares you can get for a few years.

Advice 3 : How to divide equity property in the apartment

Section of the apartment, which is in shared ownership, shall be allowed after determination of the share owned by each owner. After this definition we can identify the due share in kind or to obtain monetary compensation from the other owners.
How to divide equity property in the apartment
In the presence of equity ownership of the apartment from one of the owner often there is a desire to allocate their share for later use, and dispose of or obtain for it compensation. If the size of the shares of all owners not originally identified, then the share of each of them are considered equal.

Sizes different from the participants of share ownership may provide, by concluding a special agreement. If any party has accomplished is inseparable significant improvement of the apartment in accordance with the established civil law of the order, the size of its share is expected to increase the cost of these improvements.

The procedure of dividing the apartment in common ownership

The right to demand the separation of its share of the apartments in common ownership, any participant of common ownership. If other owners agreed upon, this allocation is implemented on the basis of the agreement. If you agree with other participants of shared ownership of the apartment failed, the interested owner can go to court.

In this case, the allocation is carried out on the basis of a judicial decision taken by results of consideration of the case. Sometimes the allocation of shares is not possible for objective reasons (for example, having multiple owners of one-bedroom apartments), therefore, the court may require the other owners to pay compensation to the participant, who wished to allocate their share.

What happens after the decision of the court?

After the court decision on the allocation of shares should wait for its entry into force. Then the interested party may apply to the registered bodies, who will make the necessary changes in the register and issue a new certificate of title on the basis of the said judicial act. If the court establishes the obligation for other participants shared ownership of the apartment to compensate, you should get a certain amount from each proprietor, after which the ownership of the person shall be deemed terminated.

As a General rule for compensation instead of the actual allocation of a share in immovable property requires the consent of the owner, who claims to be a selection. However, in some cases the court may decide on the payment of compensation even in the absence of this consent (for example, in case of impossibility of allocation of a share and the lack of interest in the use of the property by the applicant).
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