It often happens that in the prolonged family conflict that arose, the only way out is only the section of a non -entatered apartment. But due to the new Housing Code, such a division became almost impossible, arguing that the personal account is one and indivisible. Although earlier this law gave the right to divide an unfinished apartment among all family members assigned to one housing.
1
An unconventional apartment, in fact, is not the common property of even those who are attributed to it, therefore it can be subjected to a section in some cases only by court decision. The owner of such a living space is a state or municipal bodies or departments.
2
One of the options for the division of a non -suppressed apartment is exchange for two equivalents in the status of housing. This process can be carried out only from the consent of the owner of the apartment. Often such a division occurs during a divorce of two spouses who lived with parents or children. Therefore, applying to the municipal authorities with a request to the division of a non -refended apartment, you can achieve a decision to exchange, for example, one two -room apartment for two one -room.
3
Most often, such an exchange does not satisfy all family members. Therefore, the conflict that arose on this basis can develop into the refusal of one of the spouses to divide the non -suppressed apartment into two. This is fraught with the fact that exchange can only be done through a long and protracted trial, in which the arguments of both parties are taken into account.
4
A more time -consuming procedure for exchanging an unprofitable apartment arises in the event of living in it who are legally incompetent, limited in legal capacity, or minor family members of the tenant of the apartment. In this case, the consent of the guardianship and trusteeship bodies is required, which will give a positive decision if there are no violations of the rights of these persons. Having submitted an application to these public services, a written response can be counted within 14 days.
5
Usually, after a divorce, one of the former spouses refuses to live on one living space. And in order to allocate shares in an indispensed apartment, as an option, it needs to be privatized. All persons who are attributed to it can take part in this process. At the same time, privatization can only occur with the unified consent of all family members who are registered here. After that, each participant in the process will have his own legitimate share, which he can either sell to any family member or receive monetary compensation for a certain time.
Before dealing with a section of an unreasonable apartment, it is necessary to decide what result they would like to achieve in the end. Based on this, you need to contact a profile specialist for consultation by submitting the following documents to him: a certificate of registration, a copy of the warrant or social employment, a passport for the layout of the apartment. But remember that the solution of any issues related to real estate is tremendous cash costs.
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