It often happens that in the most prolonged family conflict, only the section of an unsuccessted apartment is the only way out. But due to the new Housing Code, this separation has become almost impossible, arguing that the personal account is one and indivisible. Although earlier this law gave the right to divide the unsuccessted apartment among all family members attributed to one housing.
1
An unsuccessted apartment, in fact, is not a common property of even those persons who are attributed to it, so it can be subjected to in some cases only by court decision. The owner of such a housing is the state or municipal authorities or departments.
2
One of the options for the section of an unsuccessful apartment is the exchange of two equivalent in the status of living space. This process can only be implemented from the consent of the owner of the apartment. Often this division occurs when two spouses are divorced, which lived with parents or children. Therefore, contacting the municipal bodies with a request section of an unsuccessful apartment, it is possible to solve a decision on the difference, for example, one two-bedroom apartment into two one-bedrooms.
3
Most often, such a exchange is not satisfying all family members. Therefore, the conflict that arose on this basis can grow into a refusal of one of the spouses to share an unaccounted apartment for two. It is fraught with the fact that the exchange can only be produced through a long and protracted trial, which takes into account the arguments of both parties.
4
A more time-consuming procedure for the exchange of an unsuccessted apartment arises in the case of living in it, which are incapable, are limited in legal capacity, or minor members of the family of the employer of the apartment. In this case, the consent of the guardianship and guardianship bodies, which will give a positive decision, if there are no violations of the rights of these persons. Submitting an application to these civil services, a written response can be calculated within 14 days.
5
Usually, after a divorce, one of the former spouses refuses to further accommodate on one housing. And in order to highlight the shares in an unsuccessful apartment, as an option - it must be privatized. In this process, all persons who are attributed to it can take part. At the same time, privatization can occur only with a single consent of all family members who are registered here. After that, each participant of the process will have its own legitimate proportion that it can either sell any family member, or to receive monetary compensation over a certain time.
Before dealing with a section of an unsuccessted apartment, it is necessary to decide what result would like to achieve in the end. Based on this, you need to contact a specialist to consult, submitting it the following documents: a certificate of registration, a copy of the order or a social hiring agreement, a passport for the planning of the apartment. But remember that the decision of any issues related to real estate is enormous cash costs.
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