It is possible to divide an apartment and allocate its own share from it only after the sizes of shares of all homeowners have been determined. By default, shares are distributed among the owners evenly if there are no objective reasons that affect the distribution of shares.
Instructions
Step 1
The easiest way to divide housing is an agreement between the owners, but this option is only possible if the conditions for the division are arranged by all the owners, which is not so often. If the owners cannot come to an agreement on the issue of the division of common property, in the distribution of shares or in the allocation of a share of one of the owners, such disputes are resolved in court.
Step 2
An owner who wants to get his share in a common apartment applies to the court with a statement of claim for the allocation of a share from the common property. The court will consider the possibility of allocating a share in kind and a decision will be made on the allocation of a share or its compensation in the form of monetary funds, if the allocation in kind is impossible for technical reasons.
Step 3
When applying to the court, you must initially confirm your ownership of the disputed share, as well as provide justification, if any, for the uneven distribution of shares between homeowners.
Step 4
The next step will be a technical examination, which must be carried out in order to confirm or deny the possibility of allocating a share of ownership in kind.
Step 5
On the basis of these documents, you draw up a statement of claim in the established form. It is good if there is an opportunity to consult with an experienced lawyer on this issue, since errors in drafting a claim often become the reason for refusing to consider it or returning it for revision. Do not forget about paying the state fee and copies of all prepared documents, which should also be attached to the claim.
Step 6
After the claim is accepted for consideration, you will be informed about the date of the hearing. During the process, you will have to defend and substantiate the claims made by you. If a positive decision is made on your claim, you will either receive a dedicated share in the disputable apartment, or you will be assigned monetary compensation commensurate with the share, in cases where the allocation of a share in kind is technically unacceptable.
