How to allocate a share in joint ownership

Determine the number of co-owners has the right of possession, use and disposal. This is an important fact, since the establishment the total number of required voice each of them in the event of a situation allotment share from the common property. To allocate a share do not have to go to court. With the consent of all the owners of a share redeemed by one person, and he becomes its rightful owner. If at least one of the co-owners does not give such consent, the case is of a judicial nature, and is discussed in the framework of a civil law dispute between them on the subject of share allotment.

Invite a pre-emptive right to the new owner when deciding on the allocation of shares. The co-owners is a must do, otherwise the sale of shares to another person is not possible, if there was a long-term lease.

Make yourself the documents on the allocation of shares of joint ownership, namely the cadastral passport, the plan of the house/apartment in part owned by the new owner, and several others. The main document evidencing the release of the shares of common ownership, will be the contract of sale and the certificate of state registration of rights to immovable property made in the name of the new owner of the shares.

Define the circle of persons having the right in allocating the proportion of the total ownership of the purchase option. The result of this process will be the share allocated from the common property in the hands of a smaller number of co-owners. The grounds for allocation of a share is independent of any will of the co-owners. If the will was made under duress, the question also has to be considered in the scope of the hearing.

Make a contract of purchase and sale of common property. The share allotment is already equivalent to its value in the market at the time of sale. The funds can be obtained by the owner only if the property subject to partition, is considered indivisible and becomes the property either as a property complex, or as an indivisible thing in virtue of the civil legislation at the Federal level.