The division of a privatized apartment means the allocation of shares with the subsequent division of the personal account belonging to homeowners. This can be done in several ways, when choosing which you need to be guided by the legal status and decision of the apartment owners.
Instructions
Step 1
To understand how a privatized apartment is divided, you need to understand who has the right to be called its owner. An owner is a person who lives in an apartment under a social tenancy agreement. At the same time, either the tenant himself or his family members can live in such an apartment. But those people who live on it only temporarily cannot claim a living space.
Step 2
If the privatization process took place in marriage, the spouses become the owners of common property, which is proportional to the size of the apartment. If they decide to divide it up, they will only own a certain share of the apartment. In this case, the court has the right to assign the right to each of the spouses to certain rooms, taking into account the composition of the family and other equally significant circumstances. But in this case, the kitchen, toilet and bathroom remain in common use.
Step 3
Today it is possible to divide a privatized apartment in such a way that some part of the room will be assigned to each of the owners, which, in turn, will remain in the common property. Most often this happens when dividing a one-room apartment, when it is not possible to allocate a separate room to each one.
Step 4
If the apartment was privatized in marriage, but to one of the spouses, for example, the husband, then in the event of a divorce, he has every right to sell it without asking permission from his other half. But at the same time, he will need to take into account that the children and wife retain the right to use this apartment.
Step 5
If the living space was privatized before the wife registered in it, then the owner of the apartment can dispose of it at his own discretion. In this case, all other family members who were registered on this living space, but did not have the right to own it, automatically lose the right to use it. But if the family has children, the husband will be obliged to provide them with shares in this apartment. In this case, these shares will be added to the spouse with whom the children will remain.
Step 6
The section of the privatized living space can be drawn up as an agreement that is notarized and registered with the justice authorities. Such an agreement can be concluded only between adult owners and only if they themselves can agree among themselves.
Step 7
If one of the owners is unwilling to resolve the issue peacefully, as well as in the presence of minor children, the determination of the right to use the living space is carried out in court.
