How to share a municipal apartment

According to notarial practice, the apartment section is very rarely achieved by a peaceful way. In addition, despite the active privatization of the Housing Fund in Russia, according to statistics, about 30% continues to belong to the municipality. Such slowness of spouses or relatives is observed for various reasons. One of them is conflicts and disagreements in a family that do not allow to come to a compromise. Nevertheless, it is possible to solve the problem with the section of the municipal apartment.

As you know, the municipal housing does not belong to citizens living in it on the right of ownership. Such real estate was obtained by the current owners from the state, and the persons living in its walls are employers. Therefore, according to the letter of the law, the division of the municipal apartment in the generally accepted procedure is impossible. For example, in the case of former spouses, only jointly acquired property can be divided into legislation ( art. 33 SK RF). This is the entire piquancy situation.

Accordingly, there are only two ways in the section of the municipal apartment - its privatization in general shared property or exchange. In the process of acquiring real estate, all prescribed faces can participate in the property, and not just tenants. This is fixed article 69 of the Housing Codewhich refers to the equality of all living in such a room. After the transmission of municipal housing in private hands, you can sell a share or divided the living space in kind.

Blank-application for the privatization of the apartment here.

Samples of applications for the privatization of the apartment here.

However, there are situations where not only two spouses live in a municipal apartment, and their numerous relatives or joint children. To aggravate the problem with the privatization of housing may in the absence of mutual understanding between family members, when any of them does not allow permission to conduct an operation, believing that his interests in the section will be infringed. The principle of compulsory consent is determined FZ "On the privatization of a housing stock in the Russian Federation". As an option, a way out of such a legal deadlock with a divorce is simply to agree with the second party and "buy" her right to privatization. If the compromise is not found, you need to solve the problem through the court. However, it is worth understanding that such a process can be long-term and difficult.

Claim to privatize the apartment here.

An example of a lawsuit on the right to privatize the apartment here.

The second and easiest option is the exchange of residential premises provided under a social hiring agreement into several other equivalent apartments. It is possible when performing the following conditions:

Registration of the written permission of the hides on exchange. In this case, contact the city administration and apply for receiving the relevant document. With a positive decision of the Committee, the old hiring contract will be terminated, and instead they will be issued new ones.
When an agreement was reached between all family members prescribed in the apartment. Such paper should be framed in the form of an application for exchange.
In the event that juvenile or incapable tenants live on such a living space, the consent of interested bodies (guardianship and guardianship). Apply to the above institutions and expect a written response.

If there is no agreement between family members, please contact the judicial authority with a request to carry out forced exchange and determine its conditions ( art. 69 LCD RF). However, this option is not very successful for the parties to the conflict. The preventing persons will be able to move only in the apartment that the court will indicate. The plaintiff is almost unrealistic to find a new tenant, who is ready to wait for the court decision.

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It is necessary to add that the divorce does not mean the eviction of the spouse from the municipal apartment. With legal accommodation in its territory "former" can live under one roof for many years. Of course, the best option is to search for compromise solutions for privatization or change.