To divide equally means to divide according to the law. The section of common ownership is based on Articles 244 and 256 of the Civil Code of the Russian Federation and on Article 34 of the Family Code of the Russian Federation. To make the division and obtain ownership of your share of the property, equal to other owners, you need to come to a general mutual agreement or go to arbitration.
Necessary
- - application to the court;
- - documents for property;
- - documents proving the identity of co-owners or heirs.
Instructions
Step 1
If your property is owned by several persons, and all of them are indicated in the certificate of ownership of the property, then after the division, all owners will receive equal shares in kind or in percentage.
Step 2
If all property belongs by right of ownership to one of the spouses, but was acquired in a registered marriage, then it belongs to the spouses in equal shares, regardless of whose money it was acquired, as well as regardless of which of the spouses earned and who was engaged raising children or housekeeping (article 256 of the Civil Code of the Russian Federation and article 34 of the IC RF). If the property was acquired before marriage or was donated to one of the spouses during the marriage, then it is not subject to division, regardless of the fact that the marriage is registered.
Step 3
To make the section equally in percentage or in kind, go to court, submit documents for the property, an extract from the cadastral passport and a copy of the cadastral plan. The division in percentage is carried out in the event that the division of property in kind is impossible due to the peculiarities of the property to be divided.
Step 4
If the property is not in common ownership, but belongs to the heirs by law or by will, then the division is equally carried out on the basis of the specified shares in the will or in court, if the heirs could not agree on a peaceful division.
Step 5
If there is a will, and it indicates all the heirs by name and the share of each heir in the hereditary mass, then the division is equally carried out according to the will of the testator. For example, if 10 heirs are indicated in a will, but half of the property is bequeathed to one of them, according to the law, the property will be considered equally divided. Regardless of the will, the legal spouse of the testator owns half of the property acquired in a registered marriage, and only the other half will be divided between the heirs.
Step 6
If the testator was dependent on incapacitated, disabled or minors, then regardless of the will, they will own a share of the property, as if they inherited it by law.
Step 7
If there is no will, then all heirs will receive the property of the testator and divide it equally.
