How to share an apartment through the courts

To divide the apartment in General share ownership (article 244 of the civil code), submit to the court a statement of claim. The entire section of the property, which cost exceeds 100 thousand rubles, produced by the arbitral Tribunal. Property, value 100 thousand rubles, you can share with the world court.

In addition to applications show the extract from the cadastral passport of the apartment, copy of cadastral plan and a plan of the layout with the shares section, a certificate of ownership. Partition in kind is possible only in exceptional cases, if the owner will be able to get an isolated room, and all common areas will be divided between the owners.

If separate rooms for all the owners is not enough, then the thing shall be deemed indivisible in kind (article 133 of the civil code) and section is in percentages.

If a section of an apartment owned by one of the spouses, by divorce, each spouse is entitled to half of the property (article 34 of the RF, article 256 of the civil code). If the apartment was acquired before marriage or given in marriage, it is not subject to division and ownership of housing is recognized for the spouse who acquired or received as a gift.

On the basis of the submitted documents the court will appoint an arbitration Commission that will inspect the apartment and make a decision, the possible division of housing on the share in kind or not. If the decision is that the partition is possible, on the basis of the decision of the court each co-owner has the right to issue a separate title to his shares and to dispose of it at own discretion.

If partition in kind is impossible, the court shall rule on the division of housing in percentages. To dispose of their percentages is impossible, but you can get paid for it from the other co-owners. For this it is necessary to file a lawsuit on the forced recovery of funds equal shares of your property.

If you are section of a Council flat, you must notify a municipality to provide not only cadastral extract, but the lease agreement or order. Section of municipal housing is possible only for a few municipal flats. In some cases the courts for decades, in order to accelerate this process, it is necessary to privatize the apartment and get a certificate of ownership. In the presence of the document section is implemented on a General basis as a percentage or in kind.