There are many moments when people want to change an apartment and leave. The exchange of an apartment depends on the right on which it belongs to the persons living in it. If it is impossible to agree peacefully, you should apply to the court for a decision on the exchange of an apartment. But the court will only make a decision. The inhabitants of the apartment will carry out the rest of the exchange process on their own.
Necessary
- -passport of all residents of the apartment
- - documents of title for an apartment or a lease agreement
- -statement
- -extract from the cadastral passport and a copy of the explication
- - birth certificate of children
- - notification of the guardianship and trusteeship authorities about the exchange through the court
- -extract from the house book
- -certificate that there is no debt for utility bills
- - issuing a personal account
Instructions
Step 1
You can exchange privatized, not privatized and housing owned by several persons.
Step 2
Submit an application to the court with a full description of the situation that led you to the attempted exchange through the courts.
Step 3
An apartment must have title documents or a lease agreement. Updated technical documents with a copy of the apartment explication. An extract from the house book, an extract that there is no debt for utility bills.
Step 4
If it is necessary to make an exchange due to the fact that one of the tenants living together is drinking, brawling, this must be documented.
Step 5
The rights of the incapacitated, disabled and minor residents of the apartment must be taken into account. The court session should be attended not only by their legal representatives, but also by the guardianship and guardianship authorities. These authorities must be notified in writing about the exchange of apartments in court.
Step 6
A privatized apartment and an apartment in common ownership, which has a small cubic capacity, is most often exchanged by selling and dividing the funds received between the participants in the exchange.
Step 7
If one of the apartment owners does not consent to the exchange, then no court has the right to compel him. In this case, only the allocation of shares in kind and the sale or exchange of their shares is possible. If it is impossible to distinguish shares in kind, legal proceedings on this issue will not bring results.
Step 8
An apartment that has not been privatized can be divided only by exchanging it for a smaller non-privatized housing. Division by sale and division of the received funds is not possible until the moment of privatization.
