According to the law, a privatized apartment registered at the Office of the Federal Registration Center is the property (Article 8 of the Civil Code of the Russian Federation). Ownership is registered to all persons specified in the privatization agreement (Federal Law 122-F3 on the registration of property rights). You can divide an apartment based on the laws on common property.
Necessary
- - application to the Arbitration Court;
- - a copy of the cadastral plan.
Instructions
Step 1
Common share ownership arises on the basis of registration and is regulated by Article 244 of the Civil Code of the Russian Federation. In the case of privatization, common property between spouses does not arise if one of them did not participate in privatization and the apartment is registered for one spouse, since privatization is a form of a gratuitous transaction, and everything that is transferred free of charge is not subject to division (Article 256 of the Civil Code of the Russian Federation, 34 SK RF). It follows that in the event of a divorce of the spouses, the privatized apartment will remain with the one who privatized it, that is, it cannot be divided. In all other cases, each owner has the right to receive his share in kind or in a monetary equivalent of its value.
Step 2
It is possible to divide a privatized apartment by mutual agreement between all the owners by exchanging or selling and dividing funds. Or in court, if one of the owners does not agree to the section.
Step 3
For compulsory division, an application should be submitted to the Arbitration Court. In the application, indicate which method should be used to divide the apartment, by paying an equivalent share in cash or in kind. If the allocation of shares in kind is indicated, it is necessary to attach a copy of the cadastral passport with marked boundaries, along which, in your opinion, the section can be made.
Step 4
The court will send an independent expert commission to you, which will determine whether the allocation of shares in kind is possible or not. An apartment can be divided only if each owner gets an isolated room and everyone agrees on the common use of places that cannot be divided, in particular, corridors, a kitchen, a toilet, a bathroom. If the allotment in kind is possible, then each owner will issue an individual certificate of ownership, having previously received a cadastral passport for his share and a cadastral plan.
Step 5
If the allocation of shares in kind is impossible, then all those who disagree with the division by exchange or sale will be forced to pay the cost of your share in cash. But this is not the best option, since, according to the law, it is impossible to calculate more than 75% of income from any payer, then you can receive the value of your share for several years.
