Division of shares in a privatized apartment. How to divide shares in a privatized apartment
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Divorce today no longer surprises anyone, and this event has become the norm. Regardless of how long both spouses lived together. An acute problem during the divorce process remains. According to article 34 of the Family Code of the Russian Federation, all jointly acquired property during marriage after a divorce is divided equally between the spouses. But many people ask the question, to what extent does this right apply if the apartment was issued under a privatization agreement? I would like to say right away that this type of housing is also subject to division, however, given its special legal status, this is not done on common grounds. What features of the section imply? We have provided a solution to this topical issue in our article.
Privatization is the transfer of state or municipal immovable property to the personal property of a citizen on a gratuitous basis. In practice, the essence of privatization is that a citizen who lives in a house or apartment under an agreement concluded with the state can get it for himself absolutely free of charge. Not all citizens of the country can use this right.
The right of privatization cannot be exercised more than once. The transfer of property into possession can occur both to a citizen living in this apartment, and to the whole family. Then everyone will get their share. It all depends on the number of participants in the transaction. Also, if the spouses are married and one of them does not want to participate in the privatization procedure and tax payment, then he can refuse it. But then he does not have the right to claim this housing after a divorce.
That is, privatization is quite profitable proposition, however, in order to use it, you must have previously settled in public apartment on social program. Living in it without privatization, you have no right to this property and cannot dispose of it. Therefore, many families, without hesitation, privatize an apartment, and when they decide to get a divorce, they puzzle over how this property is divided according to the law?
The question of the division of privatized property is answered by Federal Law No. 1541, as well as the Family and Housing Code.
When division of property is not possible
If one of the spouses, before or during marriage, received property in his name under a gratuitous transaction, then such property is considered his personal property, and therefore is not subject to division (Article 36 of the RF IC). According to the prescribed law, if you single-handedly privatized an apartment, regardless of when it happened - before marriage or during an already registered family, then neither the children nor the second spouse after the divorce have the right to claim a share of this housing.
The only right acquired by the second spouse, who did not participate in the privatization procedure, is full free living in this apartment after the divorce, until he finds himself a new home. This condition is also preserved if the second spouse has a residence permit in this apartment, especially if common children registered at this address live with you.
The problem of such a condition (further cohabitation of the family, even after the officially adopted decision to divorce the spouses), imposes restrictions on the possibility of carrying out any legal actions with the apartment - to sell, exchange, rewrite. This creates certain difficulties and inconvenience. But, despite this, the legislative side has nothing against and cannot forcibly evict other family members from the apartment if they previously refused to participate in the registration of privatization rights, but are registered in the apartment.
How shares are distributed
Shares are distributed depending on whether a particular family member participated in the privatization deal. If the spouses during the marriage for two issued an apartment, then after the divorce it will be divided equally. They can sell the apartment or exchange, thus everyone will take their part. If the shares are different, then the property is divided according to the specified shares in the contract. An important moment is the presence of children, who are also assigned property shares. If the children stay with one of the parents, then their share is summed up, thus it will be more than that of the other, therefore, according to general rule the apartment remains with them, and the second spouse is paid monetary compensation or other property equivalent to the calculated share.
How to share privatized property
The ideal option is the case when both spouses acted as tenants of an apartment under a social program, later jointly carried out the privatization procedure and entered into ownership of housing. Then the apartment after the dissolution of the marriage will be divided according to the fixed shares under the contract. In such cases, usually disputes do not arise, unless the issue of the residence of children arises. And if the privatization of the apartment took place without a clear allocation of shares, then this problem is solved through the judiciary on a common basis. It all depends on the specific family situation, shares can be divided both proportionally and disproportionately.
The issue of division of property, including privatized property, is discussed in more detail in Articles 33-39 of the Family Code.
By mutual agreement
If the spouses are in good relations, they want to peacefully disperse without involving the judiciary, then it is better to discuss all aspects of the division of property together and come to a mutual agreement. So that after a divorce, everyone fulfills their agreements and does not change the decision in their favor, it is necessary this agreement notarized to give it legal force. As a result of the fact that the contract is marked and signed by a notary, it will be extremely difficult to challenge such an agreement in court. It is better to draw up an agreement before filing for divorce so that the court cannot appeal against its effect. Resolving the issue by mutual agreement is a quick and easy way to resolve issues related to the divorce process (Article 38, Article 2 of the RF IC).
Under the terms of the marriage contract
The next option for the division of property by the decision of the spouses is the conclusion of a marriage contract. It can be drawn up before marriage or after entry. The marriage contract is also concluded in the presence of a notary, after which he not only signs it, but also gives legal force, but also checks for the correctness of the drafting. Subject to this rule, the provisions of the Family Code do not apply, and it is replaced by paragraphs marriage contract.
It must indicate the procedure for dividing property, the rights and shares of each of the spouses, their size. They may be equal or unequal. By . A separate clause should be devoted to the interests and rights of children, even if they were not yet born at the time the contract was drawn up. Although many people today are not disposed to such a solution to problems, this document will save you from lengthy litigation.
Through the court
The division of property through the court occurs in the absence of the above agreements or if the spouses do not come to a common opinion. This process is not a quick one, it exhausts the morale of both spouses, and is also quite costly. To start the division procedure, it is necessary to file with the district court and, accordingly, about the division of property (if the spouses have not previously been divorced through the registry office). A lawsuit is accepted by the court if one of the spouses does not agree with the terms of ownership of privatized property after a divorce.
Sometimes, after consideration by the bailiff of the case, arguments, documents, the decision may not always be made according to the established rules, the shares may be changed. An increase in the share of one of the spouses at the discretion of the judge may occur under the following conditions:
- a minor child stays with one of the parents;
- disabled child, lives with mother or father;
- the spouse is recognized as disabled and cannot fully support himself;
- wife is in maternity leave or pregnant;
- the absence for a good reason of a permanent income from one of the spouses.
Issues are also resolved through the court if one of the spouses privatized real estate before the registration of the marriage, thus, under the contract, it acts as the sole owner and does not want to share it with the second spouse after the divorce, but the other side insists on the division, having its own reasons. It is possible to count on a positive decision and granting the plaintiff a share of the privatized apartment only if he took part in the increase in the total market value of this housing: made a major overhaul, made a restructuring, reconstruction, equipped with the necessary equipment and decoration, etc. If he manages to prove this fact in court financial investments in an apartment, then he will be able to receive a part of the property commensurate with his waste.
Section with children
If the children appeared after the privatization of the apartment and, accordingly, their names are not in the property agreement, then the apartment will be divided only between the spouses in equal shares (unless the court accepts the difficult situation of one of the parties and does not increase the share at its discretion). Even if children do not have property rights to this apartment, but are registered in it, the parent who remains housing does not have the right to evict them with their mother until they reach the age of majority.
And if the parents decide to enter the shares of children in this property, then they do not have the right to claim this part of the apartment, that is, it is not subject to division and is retained by them until they come of age (Article 60 of the RF IC). In addition, a parent who, after a divorce, continues to live in this apartment with children who have their own share, does not have the right to sell or exchange housing, since he is responsible for the safety of the part of the children's family property assigned to them by law.
Terms of consideration and the amount of state duty
After you have filed an application with the court for the division of an apartment previously privatized, then in addition to a lawsuit and required documents you in without fail need to pay stamp duty. The amount of the state duty depends on the value of the claim (Article 333.19 of the Tax Code of the Russian Federation). The price of the claim is the full cost of the apartment, if it passes into the full possession of one spouse, or the monetary equivalent of its share, if it is divided between two participants in the divorce proceedings. Depending on the cost of the apartment, the amount of the state duty will be from 0.5 to 4%. The cost of an apartment can be determined:
- according to Cadastral data or Rosreestr;
- assessment of market value, which occurs with the participation of a specialist;
- according to BTI.
If the immovable privatized property is divided between two spouses, then they pay the state duty separately, according to the established share of each and its value calculation, multiplied by the percentage of taxation.
With regards to the consideration period, the division of an apartment received under a privatization agreement takes place on the same rules as other property disputes. If the claim is filed with the world court, then the consideration period is 30 days, if in the district court, then 60 days. However, as in all other court cases, the period may be extended if bailiff decides to re-assess the property.
Now let's summarize all of the above. You, as a spouse, have every right to share a privatized apartment after the dissolution of the marriage, provided that you took part in this process, and your name is written in the contract. If the process of privatization of the apartment took place during the marriage, but only one spouse dealt with this issue, thereby subsequently becoming the full owner, then this housing, and according to the established norms of the law, it is not subject to division.
You will need
- - an application to the court;
- - the passport;
- - cadastral extracts;
- - certificate of ownership (lease agreement, warrant).
Instruction
To divide an apartment that is in common ownership (Article 244 of the Civil Code of the Russian Federation), submit a statement of claim to the court. The entire division of property, the value of which exceeds 100 thousand rubles, is carried out in arbitration court. Property worth up to 100 thousand rubles can be divided with the participation of the world court.
In addition to the application, present an extract from the cadastral passport of the apartment, a copy of the cadastral plan and an explication plan with marked division shares, a certificate of ownership. Partition in kind is possible only in exceptional cases, if each owner can get an isolated room, and all places common use will be divided among the owners.
If there are not enough isolated rooms for all owners, then the thing is recognized as indivisible in kind (Article 133 of the Civil Code of the Russian Federation) and the division is carried out in percentages.
If the division of an apartment owned by one of the spouses is carried out during a divorce, then each spouse has the right to half of the property (Article 34 of the RF IC, Article 256 of the RF CC). If the apartment was purchased before marriage or was donated during marriage, then it is not subject to division and the ownership of housing is recognized for the spouse who purchased it or received it as a gift.
Based on the submitted documents, the court will appoint an arbitration commission that will inspect the apartment and make a decision whether it is possible to divide the housing into shares in kind or not. If a decision is made that the division is possible, then on the basis of a court order, each co-owner has the right to issue a separate ownership right to his share and dispose of it at his own discretion.
If division in kind is not possible, the court issues a decision on the division of housing in percentage terms. You cannot dispose of your percentage, but you can receive payment for it from other co-owners. To do this, you need to file a lawsuit enforcement Money equal share of your property.
If a partition is being carried out, it is necessary to notify the municipality in writing, submit not only cadastral extracts, but also a lease agreement or warrant. The division is only possible for a few municipal apartments. In some cases, the courts last for decades, in order to speed up this process, you need to privatize the apartment and obtain a certificate of ownership. If this document is available, the section is carried out on a general basis in percentages or in kind.
The division of real estate between several owners often provokes many conflict situations. Shareholders have many questions: how to get a share in privatized apartment whether it is possible to count on a part of the property that is not registered as private property. Let's try to answer them right now.
There are two main methods for separating privately owned housing:
- Conclusion of an agreement between the owners. Persons who own shares of real estate independently decide on its division and conclude an appropriate agreement. It without fail prescribes the size of the part that goes to each owner. An agreement of this kind must be legally certified, and only after that it becomes legally binding.
- Division of property in judicial order. It is used if the owners failed to amicably agree on all the nuances of the division.
The latter method is used more often due to the presence of claims that the owners cannot resolve on their own. The reason for going to court in most cases is the disagreement of one of the owners with the size of the share that is allocated to him from the common property. To establish what part is due to each of the owners in this case, can only Judicial authority based on the norms of the current legislation.
Important! The division of privatized property through the court takes a lot of time. Therefore, if the issue needs to be resolved as soon as possible, it is better to try to find a consensus with other owners.
Particular cases of the section
Divide living quarters, in which the plan provides for the presence of only one room, is very inconvenient. In kind, it will not be possible to make a division, but it is very realistic to determine the shares of each of the owners in court or in accordance with the terms of the peace agreement. In this case, you also need to decide which of the owners will live in this apartment.
The problem can also arise if the property is mortgaged. Banking organizations only isolated premises consisting of at least one room are accepted as collateral. It will not be possible to offer a share in a one-room apartment to a bank in a similar capacity. And in the case of a multi-room room, separation is possible, however, financial institutions they prefer to play it safe and demand to pay off the debt before the division of property or to sell housing and pay off, and divide the remaining money in equal shares.
An apartment that falls into the cooperative section is subject to division only if all share contributions have been made to the person who owns it. legal entity. In other cases, the owners do not have the right to divide the property: only the company on whose balance sheet this housing is located has the right to dispose of the property.
However, the law provides for an exceptional case in which it is possible to divide housing: spouses who have filed for divorce can receive shares. However, this event becomes possible only if the property was common property. During the division, the size of the shares of the spouses is determined. At their request, housing can be converted and, as a result, everyone will receive an isolated room. But such actions can be carried out if it is possible to carry out them without worsening the living conditions of one of the spouses or owners of neighboring apartments.
Important! If there is a child in the family, he must receive the part of the apartment due to him without fail.
A non-privatized apartment owned by the municipality is not subject to division, even if the tenants wishing to share the premises are spouses who are in the process of divorce. To make a partition, one of the following conditions must be met:
- privatize housing;
- remain employers, but split the bills for utilities, in fact, having received two separate apartments.
The division between the spouses of a non-privatized apartment is hampered by the fact that in fact they are only tenants. Therefore, before proceeding with the formation of shares, it is better to transfer the premises to the category of private property.
The house, which is issued to one of the spouses for official use, is not the property of the couple, therefore, in the event of a divorce, the husband or wife will have to leave the territory of the dwelling.
Required documents
The division of property is fixed in the bodies of Rosreestr. But before entering new data, you need to decide on the allocation of shares. Both in concluding a settlement agreement and in preparation for litigation, you should prepare a number of papers:
For agreement:
- the concluded contract, certified and signed by the owners;
- owners' passports;
- title documents;
- technical passport, plan and other documentation for real estate;
- an application for division filled out in accordance with the sample;
- a check for the payment of a fee levied in favor of the state.
For litigation:
- statement of claim;
- technical documentation;
- receipt for the payment of state duty;
- papers confirming the right to own part of the premises.
Important! If children participate in the section, obtain consent to the procedure from the guardianship authorities in advance.
In fact, the two packages of documents are completely identical. They differ only in the statement: in the first case, it is addressed to Rosreestr, and in the second, to the court.
Peace agreement and trial
The conclusion of an agreement is the fastest way to make a division of real estate. Before dividing shares in a privatized apartment, the owners need to get together and identify the presence of mutual claims. After their conclusion, he draws up an agreement in which the property is distributed among the owners in predetermined parts.
Important! All owners must be present at such a meeting, otherwise the “forgotten” owner will file a claim with the judicial authority, which will invalidate the agreement drawn up.
When concluding a contract, it should be taken into account that there are rooms in the room general purpose: kitchen and bathroom. Therefore, it is necessary to discuss in advance the possibility of using the premises by several tenants. Perhaps, in order to prevent conflict situations in the future, it is better to transfer the shares to the use of one owner and receive the compensation due.
If you managed to settle all claims and divide the property, contact Rosreestr to register the contract, adding to it the collected package of papers and a statement signed by all owners. Within a month, the authorized body divides the premises and enters information about the owners into the cadastral register.
Important! A minor participating in the division, if he is fourteen years old at the time of filing the petition, is obliged to independently sign the application. Before reaching this age, the mother, father or other legal representative signs for him.
If it is impossible to resolve conflicts peacefully, each of the owners has the right to apply to the judicial authority. All owners must be present at the meeting, and documents confirming the right to part of the property should be taken with them.
Order and personal accounts section
In the Soviet Union, there was a practice of issuing an order that served as the basis for the subsequent privatization of housing. It will not work to divide it between the owners: in fact, this document only gives the right to transfer property to the category of private property. You can share an apartment if a similar procedure has been performed.
In some cases, the owners decide to separate personal accounts. It is possible to hold such an event only if the apartment falls into the category of common shared ownership. If the property is joint, then first the shares belonging to each of the owners are registered in Rosreestr, and only then it is possible to draw up an application for the allocation of a separate account to each of them and send an application to management company.
Allocation to each of the residents of their own personal account is a necessary measure that allows residents to protect themselves from the dishonesty of their flatmates. If the division is not made, then the responsible tenant is obliged to pay utility bills. This obligation is unlikely to be to the taste of a citizen receiving bills for two families. And the separation allows each resident to maintain a separate household and pay only their own expenses.
Section vs Section: What's the difference?
It should be understood that there is a significant difference between the concept of "partition" and the section. In the first case, it is understood that a part belonging to one of the owners is withdrawn from the common shared ownership. The rest of the property remains in equity.
The division of real estate is the allocation of shares to each owner. It is not always possible to perform such an action in kind: studio apartment subject only to the ideal division. You can get a room for sole use only after buying out parts of the room from other owners.
How many shares can be
The number of shares into which housing can be divided is not established by law. In fact, the apartment is divided by the number of owners, and how many of them - it does not matter. Moreover, each owner can also divide his share into several parts. However, if he decides to sell part of the property, he is obliged to notify other owners of the intention before that, who have a priority right when buying out part of the housing.
An exception is a donation agreement: the owner can transfer property to a third party free of charge without notice, which is often used by unscrupulous citizens who disguise a purchase / sale transaction as a gift.
The share in a privatized apartment remaining after the death of the owner is subject to distribution among the heirs. These may include relatives who already own part of the apartment or heirs from outside. The death of a citizen leads to the fragmentation of his share into smaller parts and increases the number of owners.
Partition cost
It is impossible to determine the exact amount to be spent during the separation procedure. It is formed from several factors:
- Partition method. The litigation will entail costs, for example, payment for the services of an expert company that conducts property valuation. Confirmation of the settlement agreement at the notary will also result in a certain amount.
- Location of the property.
- Payment of state duty.
In each case, the cost of separation is the sum of the above factors. Accordingly, there are no two equally evaluated procedures.
Division between spouses
Most often, the court hears cases on the division of property during a divorce. Often former spouses cannot come to an amicable agreement: each thinks that he should own a large share of the divided property.
The apartment bought by the spouses falls into the category of joint ownership and can be divided. For the partition, the allocation of shares should be made. The size of the part that goes to each of the spouses, according to the law, is 50% of the property. However, during the court session, a decision may be made on a different ratio of allocated shares: most often in practice, this happens when there are children who also need to know how to allocate a share in a privatized apartment in their favor. Then the parts of the parents decrease proportionally.
Spouses can divide property even before a divorce: the basis for such a division is a prenuptial agreement. This document, certified by a notary, clearly regulates both the regime to which the property belongs, and the procedure for dividing the latter. Such an agreement is valid for the entire period of the existence of the family and after the analysis until the resolution of conflicts relating to the divisible property of the spouses.
Differences between allotment and division How to divide an apartment into shares How many shares can an apartment be divided How much does it cost How to divide an apartment between spouses How to pay utility bills
The question of dividing shares in a privatized apartment most often arises among owners who have inherited real estate or have themselves privatized for all family members, but later they had disagreements.
Protracted disputes often arise between such owners, which can be settled both in court and by concluding an appropriate agreement. In any case, disagreements take a lot of effort, time and nerves. Therefore, it is advisable to seek the help of a qualified lawyer. We will talk about how to divide the common shared property and what support an expert can provide later in the material presented.
Differences between a section and a section
If the participant allocates his share in the apartment, then he is no longer the joint owner of this living space, however, the ownership of other owners remains. In the event of a partition, all participants lose this right.
How to divide an apartment into shares
As already mentioned, the division is possible in two ways: to conclude an agreement on the division between the owners or to go to court with a lawsuit.
The terms of the agreement may include the following provisions:
in the right to housing, equal shares are allocated for each of the participants, in common law unequal shares are established (for example, 60% to the wife and 40% to the husband), the distribution should not violate the property interests of either party, complete deprivation of rights is not allowed.
From the moment of registration of this document with the Rosreestr authorities, a common shared ownership will be established for the apartment.
If a decision is made to keep the apartment in shared ownership, then under this regime there are certain disadvantages:
the consent of the other homeowners must be obtained if you want to carry out repairs or install an air conditioner, without the other owners and their consent it is impossible to register your family members in the apartment, and it will be difficult to carry out your own registration, the sale of the whole apartment will be possible only with the consent of all owners to make a transaction, forced alienation of other people's shares is not allowed by law. If they refuse your part, then you can already look for a buyer on the side, it is impossible to rent out your part of the apartment under a lease agreement without the consent of the owners, in case of unresolved problems with the debt, the creditor has the right to demand to allocate a share in the apartment in court to pay off the debt.
If it is not possible to agree with the other owners regarding the volume of shares, then you should go to court.
By its decision, the court will divide the apartment into shares in kind, while taking into account the safety of housing as a whole. If such a division is impossible, then the owners can count on payment of compensation equivalent in value to the part they own.
After the court decides on the allocation of a share in kind, the owners need to apply for registration of ownership of the share to Rosreestr, which will issue an appropriate extract from the USRR.
How many shares can the apartment be divided into?
The legislation does not limit the number of shares in an apartment, but there are a number of technical requirements to consider when sectioning:
each part should correspond to an isolated room that allows comfortable living, such a room should have a separate entrance, the division should be carried out without significant damage to the apartment or house, the interests of neighbors and HOAs should also be taken into account.
The number of shares in an apartment is determined by the number of owners.
How much does it cost to share an apartment
The costs of the division depend both on the location of the property, and on the amount of work of the accompanying lawyer and payment for notary services. The division of a privatized apartment into shares is impossible without the opinion of an employee of an expert institution or an appraiser, the court considers their conclusions in the first place. They will also be required by the notary, who, on their basis, will certify the voluntary agreement on the division.
If children live or are registered in the apartment, then it is necessary to provide the conclusion of the guardianship and guardianship authorities, since the contract affects the interests of minors.
Thus, the price of a section is always determined individually based on the above factors.
How to divide an apartment into shares between spouses
Spouses can divide a non-privatized apartment both before and during marriage, and in the process of divorce. In the first case, the defining document that establishes the procedure for dividing housing into shares is a marriage contract. It prescribes the modes of ownership of the apartment - it can be framed in shared, joint or individual ownership. It is also necessary to establish specific parts of the specified property in the marriage agreement. At the same time, the RF IC has a rule allowing the division of an apartment in any proportions, it is even possible to leave the second spouse without housing at all.
If the apartment is privatized and registered in the name of one of the partners, then the second, when trying to divide, is waiting an unpleasant surprise- you can not get your share just because the spouse is registered in this apartment. A privatized apartment can be fully disposed of only by the person to whom it was registered. Therefore, it is best to immediately carry out joint privatization for two partners, formalizing it with a marriage contract.
However, the court may take the side of a spouse who wants to allocate a share in a privatized and not registered apartment for him, if he has no other housing, and give him the opportunity to use the apartment and live in it.
How to pay utility bills if the apartment is divided into shares
When dividing property, apartment owners will most likely want to pay utility bills for their part of the property separately from their neighbors. In this case, they need to contact the management company, provide an application for an invoice for utility bills and a certificate of ownership of the share (extract from the USRR).
Sometimes it is difficult for neighbors to divide such accounts, so you should go to court with a lawsuit on the division of a personal account in a privatized apartment. AT statement of claim the owners ask the court to determine the order of use of housing. At the end of the lawsuit, the utility company will send separate invoices for payment to each owner, you only need to provide a court decision.
If you have additional questions or your situation requires the assistance of an experienced specialist in this field, we advise you to contact our qualified lawyers.
The question of dividing shares in a privatized apartment most often arises among owners who have inherited real estate or have themselves privatized for all family members, but later they had disagreements.
Protracted disputes often arise between such owners, which can be settled both in court and by concluding an appropriate agreement. In any case, disagreements take a lot of effort, time and nerves. Therefore, it is advisable to seek the help of a qualified lawyer. We will talk about how to divide the common shared property and what support an expert can provide later in the material presented.
Differences between a section and a section
If the participant allocates his share in the apartment, then he is no longer the joint owner of this living space, however, the ownership of other owners remains. In the event of a partition, all participants lose this right.
How to divide an apartment into shares
As already mentioned, the division is possible in two ways: to conclude an agreement on the division between the owners or to go to court with a lawsuit.
The terms of the agreement may include the following provisions:
- in the right to housing, equal shares are allocated for each of the participants;
- in common law, unequal shares are established (for example, 60% to the wife and 40% to the husband);
- distribution should not violate the property interests of any of the parties, complete deprivation of rights is not allowed.
From the moment of registration of this document with the Rosreestr authorities, a common shared ownership will be established for the apartment.
If a decision is made to keep the apartment in shared ownership, then under this regime there are certain disadvantages:
- the consent of the other homeowners must be obtained if you want to carry out repairs or install an air conditioner;
- without the other owners and their consent, it is impossible to register members of your family in the apartment, and it will be difficult to conduct your own registration;
- the sale of an entire apartment will be possible only with the consent of all owners to complete the transaction, the forced alienation of other people's shares is not allowed by law. If they refuse your part, then you can already look for a buyer on the side;
- it is impossible to rent out your part of the apartment under a lease agreement without the consent of the owners;
- in case of unsettled debt problems, the creditor has the right to demand the allocation of a share in the apartment in a judicial proceeding to pay off the debt.
If it is not possible to agree with the other owners regarding the volume of shares, then you should go to court.
By its decision, the court will divide the apartment into shares in kind, while taking into account the safety of housing as a whole. If such a division is impossible, then the owners can count on payment of compensation equivalent in value to the part they own.
After the court decides on the allocation of a share in kind, the owners need to apply for registration of ownership of the share to Rosreestr, which will issue an appropriate extract from the USRR.
How many shares can the apartment be divided into?
The legislation does not limit the number of shares in an apartment, however, there are a number of technical requirements that must be taken into account when dividing:
- each part must correspond to an isolated room that allows comfortable living;
- such a room should have a separate entrance;
- the division should be carried out without significant damage to the apartment or house, and the interests of neighbors and HOAs should also be taken into account.
The number of shares in an apartment is determined by the number of owners.
How much does it cost to share an apartment
The costs of the division depend both on the location of the property, and on the amount of work of the accompanying lawyer and payment for notary services. The division of a privatized apartment into shares is impossible without the opinion of an employee of an expert institution or an appraiser, the court considers their conclusions in the first place. They will also be required by the notary, who, on their basis, will certify the voluntary agreement on the division.
If children live or are registered in the apartment, then it is necessary to provide the conclusion of the guardianship and guardianship authorities, since the contract affects the interests of minors.
Thus, the price of a section is always determined individually based on the above factors.
How to divide an apartment into shares between spouses
Spouses can divide a non-privatized apartment both before and during marriage, and in the process of divorce. In the first case, the defining document that establishes the procedure for dividing housing into shares is a marriage contract. It prescribes the modes of ownership of the apartment - it can be framed in shared, joint or individual ownership. It is also necessary to establish specific parts of the specified property in the marriage agreement. At the same time, the RF IC has a rule allowing the division of an apartment in any proportions, it is even possible to leave the second spouse without housing at all.
If the apartment is privatized and registered in the name of one of the partners, then an unpleasant surprise awaits the second when trying to divide - you cannot get your share just because the spouse is registered in this apartment. A privatized apartment can be fully disposed of only by the person to whom it was registered. Therefore, it is best to immediately carry out joint privatization for two partners, formalizing it with a marriage contract.
However, the court may take the side of a spouse who wants to allocate a share in a privatized and not registered apartment for him, if he has no other housing, and give him the opportunity to use the apartment and live in it.
How to pay utility bills if the apartment is divided into shares
When dividing property, apartment owners will most likely want to pay utility bills for their part of the property separately from their neighbors. In this case, they need to contact the management company, provide an application for an invoice for utility bills and a certificate of ownership of the share (extract from the USRR).
Sometimes it is difficult for neighbors to divide such accounts, so you should go to court with a lawsuit on the division of a personal account in a privatized apartment. In the statement of claim, the owners ask the court to determine the procedure for using the living space. At the end of the lawsuit, the utility company will send separate invoices for payment to each owner, you only need to provide a court decision.
If you have additional questions or your situation requires the assistance of an experienced specialist in this field, we advise you to contact our qualified lawyers.