Joint ownership is governed by Article 250 of the Civil Code of the Russian Federation, when property rights are registered for several people. And if this right arises as a result of the acquisition of property in a registered marriage, then Articles No. 34 SK and No. 256 of the Civil Code of the Russian Federation). The section is carried out on a voluntary or compulsory basis.
It is necessary
- - application to the BTI;
- - technical and cadastral documents;
- - application to the court;
- - documents of title to the property.
Contact the BTI with a statement on the execution of separate documents for shares of living space, if all owners agree to the division and the volume of an apartment or house allows you to allocate separate shares in kind. Such a division is possible only if each owner can receive a separate isolated room equal to his share of the property indicated in the certificate. Most often, a certificate of ownership is drawn up in equal shares for all, and when dividing, the shares of each are equal.
Register a separate ownership right by submitting documents to the FUGRC after receiving a separate technical passport and an extract from the cadastral documents.
Unfortunately, it is not always possible to divide housing into shares in kind, just as not all owners agree to a voluntary division. In this case, you need to apply to the court and submit documents of title to the property that you would like to allocate as a separate property and a copy of the cadastral plan with marked shares.
A housing commission will be sent to you to determine on the spot whether it is possible to divide shares in kind or not. If the division is possible, then on the basis of a court order, you have the right to draw up separate cadastral and technical documents for the allocated shares and issue a separate ownership right.
If the division in kind is not possible, then the court will order the division in percentage. In this case, it is impossible to issue a separate ownership right. Also, you will not be able to dispose of your share at your own discretion. The only option to separate from the rest is to file an application to the court for the enforcement of an amount equal to your share as a percentage of the rest of the owners.
Another variant of the division, when all the owners agree, is to sell the property and divide the funds between all the owners. Everyone will be able to get his share equal to his property.