Unfortunately, the housing issue for most Russian families is practically impossible to solve. The division of apartments among the heirs leads to the emergence of an increasing number of communal apartments. The owners are changing, as a result, absolutely strangers are forced to live on an area of several square meters. To avoid unnecessary quarrels and clashes, you should determine the procedure for using the apartment.
Necessary
- Statement of claim;
- the right establishing documents for a share in an apartment (certificate of ownership and a document-basis by which you acquired ownership (transfer or donation agreement, purchase and sale or certificate of inheritance, etc.);
- extract from the house book - (valid for 1 month);
- copy of personal financial account - (valid for 1 month);
- floor plan (BTI);
- explication (BTI);
- a receipt for payment of state duty for claims of a non-property nature;
- copies of the statement of claim according to the number of parties.
Instructions
Step 1
There are two options for determining the order of using the apartment. The easiest way is voluntary. If all apartment owners agree to determine the procedure for use, draw up an agreement on determining the procedure for using the living space. Here, determine who will use which room, sign the document in the presence of a notary. Try to foresee all the nuances, register all possible controversial points in order to avoid disagreement in the future.
Step 2
In the event that the owners cannot come to a common decision, the procedure for using the apartment is determined in court. Gather the necessary list of documents, along with them, submit an application to the court. Determining the order of using the living space implies not only who will live in which room, but also who and when will use common areas (kitchen, bathroom, etc.).
Step 3
Before the start of the court session, each of the owners will receive a summons on which the date and time of the start of the court will be indicated. Upon receipt of the summons, appear at the specified time in court. Usually the court tries to find the most equal conditions for all owners. If you have a specific preference or request, please inform the court. If the area allows, you can ask the court to allocate a separate room for each owner. Consider options for redeveloping the apartment in order to create optimal conditions for each of the tenants. If it is possible to allocate a share in such a way that there will be not only a separate room for living, but also a separate entrance, for example, to the kitchen, the comfort of living, which means that the price of the share will increase (if it becomes necessary to sell it).
Step 4
If the court decision does not suit one of the owners, you can file an appeal within 10 days from the date of the court decision. Please clarify the procedure for filing an appeal immediately in the courtroom.
