Evaluation of the share of any property is made when this property cannot be divided in kind or with a pledge of its share of the property in credit structures. The division of property into shares as a percentage is carried out in court and is regulated by Articles 256, 244, 250 of the Civil Code of the Russian Federation and Articles 34 and 39 of the Family Code of the Russian Federation.
Necessary
- - application to the Arbitration Court;
- - documents for property;
- - certificate of the market value of the property;
- - certificate of the cadastral value of the property;
- - a copy of the cadastral plan (for real estate objects);
- - explication (for real estate objects).
Instructions
Step 1
To make a division of shares as a percentage, if the division in kind is not possible or other owners or participants in the division have expressed a desire to pay your interest, contact the Arbitration Court.
Step 2
Show proof of ownership of the property or title deed. If the real estate is being divided, then you must submit a copy of the cadastral plan, the explication of the object, a certificate of the cadastral value and a certificate of the market value of independent expert organizations licensed to carry out appraisal activities of property of citizens and legal entities.
Step 3
Based on the decision of the court, after the decision is made, your share will be allocated as a percentage. If you need to know the value of your share, then based on the section, you can calculate the market and cadastral value based on the allocated percentage.
Step 4
If you are going to receive your share as a percentage or pledge your share in credit structures, then independent appraisers will evaluate only your share and give you a document on its value.
Step 5
All legally significant actions, such as the division of real estate or other property between heirs, owners or owners, as well as a pledge of their share in credit structures, are calculated from the market value of the property.
Step 6
From the cadastral value of the property, the calculation of shares is made in the liquidation of enterprises of any form of ownership, when it is necessary for the participants in shared ownership to receive the liquidation value of the property, as well as in the event of bankruptcy of the enterprise, upon payment of any existing financial obligations.
Step 7
For example, when the property was divided, the cost, according to independent experts, was 10 million rubles, the cadastral value of the property was 5 million rubles. According to the court ruling, each applicant will receive an equal share. For example, the applicant or the owner is 4 people, which means that everyone has the right to 2.5 million rubles. When assessing the liquidation value, each will receive 1 million 250 thousand rubles, but this amount will be revalued after the payment of all existing debt obligations to third parties.
