How to share a privatized apartment

How to share a privatized apartment

Privatized apartments are a municipal property transmitted to private person. If the dwelling is not privatized, then the apartmentmuffer is not entitled to perform any actions with it, whether it is a sale or exchange. However, we are not talking about transactions, but on how to divide the apartment privatized by several family members.

1
Such a need arises in different life situations: divorce, quarrels and conflicts between the participants of the privatization of real estate. By legislation To divide the residential object is permitted either according to the adopted agreement of all involved, or in court, if the agreement between the parties to the conflict is unplanned.

Article 244 of the Civil Code of the Russian Federation

2
In the first case, when ordinary people agree to divide the living area in equal shares, to stay on it, it is enough to visit the housing and communal office. There will be needed to fill out the application for the accounts section. All tenants will pay equal payments for Zheka services, gas, light, water. It is also possible to leave all utility books to one person with the condition that he will be given the amount and other persons living on this housing.

Here you can see how to fill out:

Section of personal accounts

3
To reinforce the persuade, it is recommended to draw up an act-agreement on the division of shares in your shared apartment. This document is registered in the notarial office. Take a certificate from the BTI to the apartment, the testimony of privatization, passports of living. In the act, we write the overall routine of using non-residential rooms. Specify specifically who will dwell (in which room) and how many parts the object is divided. Put your signatures, and the lawyer will assure the document to seal.

4
Unfortunately, to divide the apartment peacefully without quarrel does not always work. And here without court instances can not do. The plaintiff will have to write a competently drawn appeal to the arbitration court. In it, describe your requirements on the property section, i.e. What do you want to get money for your living space or part of the apartment.

Here on our portal download:

  • Application for a privatized apartment section;
  • Application to the court on the section of a privatized apartment - a sample of filling.

5
More in the authorities of the Justice, you need to provide your passport, a cadastral passport for an apartment, documentation confirming that the dwelling is in your share ownership, and a check of payment of state duty. Then the experts will post the place of the plaintiff and after the trial will be carried out by an expert opinion - is it possible to divide the share or not. In the case of a negative response, it is recommended to sell an object, and the money is divided between the shareholders.

The real estate section is difficult, the main thing is that the parties have achieved an understanding. Otherwise, the court proceedings will last forever and unsuccessfully. As an option, specialists offer to make marriage contracts in advance and prescribe in them how to share property in case of divorce.

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