How to split a privatized apartment

Privatized is the housing transmitted by the state in private hands. The right of general shared property is governed by Article 244 of the Civil Code of the Russian Federation. Different circumstances can lead to the need to divide the privatized apartment between the owners.

In cases where only one of the spouses participated in the privatization process, the second is not entitled to share, since this form of the transaction is free. This property cannot be separated. In all other cases, each shareholder has the right to allocate its part in kind or to get the money equivalent to it.

It is possible to divide the privatized apartment either by mutual consent of the owners or in court. In the first version, accommodation can be exchanged or sell, the second option is used if someone from the owners do not agree with the section.

With a forced section, the initiator addresses the arbitration court with a statement in which it is indicated which way it is necessary to divide housing: paid in cash equivalent or separation of a share in kind. In the latter case, you need to apply a copy of the cadastral passport with a designation where you can conduct a section.

The judicial expert commission on the spot determines whether the housing parameters allocate a stake in nature. If for each owner it is impossible to highlight a room with a separate entrance and individual utility rooms, the court determines the procedure for using the property and highlights a separate cadastral passport for each co-owner.

If it is impossible to identify a share in nature and agree on the exchange or sale with the rest of the hosts, the co-owners are obliged to pay the initiator of the amount of money, the equivalent value of its part. However, this is not the best option, since it is impossible to subtract more than 75% of income from the owner, is the likelihood that the payment process will be delayed for years.

It will not be superfluous to help a qualified lawyer who will tell you how to divide the privatized apartment is most beneficial for the plaintiff. At the preparatory stage, it is necessary to do everything possible to agree with the rest of the owners of the section peacefully.