The privatization of real estate in Russia has given rise to many problems that citizens face on a daily basis. So, for example, what to do if it is not possible to separate a room from the share due to you, since the share that you own can be determined as insignificant?
To allocate a room for living, if its area exceeds the size of the share due to you, as advised by lawyers, it is best amicably, by agreement of the parties. If an agreement is not possible, contact the court of your place of residence to determine the procedure for using the apartment. It should be noted that in court it is possible to establish not only the procedure for using shares in an apartment. Such a claim can be satisfied, and if the share of one of the owners, less than the living area of the smallest room, can be allocated in kind.
Therefore, if you are not satisfied with the procedure for using the apartment appointed by the court, apply with a statement of claim to establish the value of your share in monetary or other terms (for example, you can exchange your share for a car or a dacha).
In either case, you will need to submit a certain package of documents, namely: - all certificates of ownership (indicating shares);
- extract from the Unified State Register;
- cadastral passport for the apartment;
- apartment plan;
- characteristics of the dwelling (Form No. 7);
- certificate of registration (Form No. 9);
- certified copies of contracts and certificates, which may be the basis for the right to property. In addition, if you file a claim in court to determine the value of a share, you can submit the relevant documents from the BTI, as well as an opinion of an independent expert on its assessed value.
If you want your share to be equal to a room in an apartment, you will also have to file a claim in court to determine its value, and then a statement to alienate interest from the share of another owner (even if he agrees) so that the share and the room were equal.
The amount of monetary compensation, as well as the timing of its payment, are established by the court.