The division of an apartment in shared ownership is allowed after determining the share belonging to each owner. After such a determination, you can allocate the due share in kind or receive monetary compensation from other owners.
In the presence of shared ownership of an apartment, one of the owners often wants to allocate their own share for subsequent use and disposal, or to receive compensation for it. If the size of the shares of all owners was not initially determined, then the shares of each of them are considered equal.
The participants in shared ownership themselves may provide for other sizes by concluding a special agreement. If any participant has made an inseparable significant improvement in the apartment in compliance with the procedure established by civil legislation, then the size of his share must increase by the cost of the said improvements.
The procedure for dividing an apartment in common ownership
Any participant in the common property has the right to demand the allocation of his share of an apartment in common ownership. If an appropriate agreement is reached with other owners, then such allocation is carried out on the basis of the concluded agreement. If it was not possible to agree with other participants in the shared ownership of the apartment, then the interested owner can go to court.
In this case, the allocation is carried out on the basis of a court decision adopted based on the results of the consideration of the case. Sometimes the allocation of a share is impossible for objective reasons (for example, the presence of several owners of a one-room apartment), therefore the court may oblige other owners to pay compensation to the participant who wished to allocate his share.
What happens after a court decision is made?
After a court decision on the allocation of a share is made, you should wait for it to come into legal force. Then the interested participant can apply to the registration authorities, which will make the necessary changes to the register and issue a new certificate of ownership on the basis of the specified judicial act. If a court decision establishes an obligation for other participants in shared ownership of an apartment to pay compensation, then certain amounts should be received from each owner, after which the ownership of this person is considered terminated.
As a general rule, in order to receive compensation, instead of the actual allocation of a share in real estate, the consent of the owner who claims to such allocation is required. However, in some cases, the court may decide to pay compensation even in the absence of this consent (for example, if it is impossible to allocate a share and there is no interest in using the property on the part of the applicant).
