There are often situations when people need to share an apartment and leave. You can divide an apartment in each specific situation in different ways. The easiest option is to sell it, divide the funds, and everyone remains to their own interests. Unfortunately, this is not possible in all cases.
Instructions
Step 1
If the apartment is municipal and its residents have not privatized it, then it can only be divided into several municipal apartments and dispersed. It is impossible to sell such an apartment, as well as to single out the share of each in kind. This can be done only after privatization and registration of ownership. With a small cubic capacity of an apartment, when it is impossible to exchange it for several municipal apartments, the section courts last for years and do not lead to a positive result.
Step 2
When an apartment is registered between tenants on the basis of joint ownership rights, it can be divided by common agreement by selling and dividing funds or by exchanging each owner for smaller apartments.
Step 3
In a situation where one of the owners does not agree to the sale or departure, it is necessary, in the manner prescribed by law, to allocate the share of each in kind. Contact a notary to draw up a notice to other owners about the sale of their share, indicating the conditions and price. Send all owners a notification by registered mail with a list of investments and after a month, by default, all owners who did not want to buy your share calmly sell it to an outsider or exchange it for another living space.
Step 4
The situation is different when the allocation of the share of everyone in kind is impossible if the volume of the apartment is small. In this case, you need to go to court, which will indicate the share of each owner in percentage terms and oblige the owners who do not want to divide the apartment to pay you money as a percentage of the value of your share.
Step 5
When an apartment is registered in the name of one of the spouses and the marriage is registered, then it belongs to them in equal shares, even if one of the spouses is not indicated in the certificate of ownership.
Step 6
If the owner spouse does not want to do the division, go to court for the compulsory division of the apartment.
Step 7
In an unregistered marriage, when the apartment was bought with joint money, and the ownership of one of the common-law spouses is registered, and he does not want to make a division, you should also go to court and submit a package of evidence that the apartment was bought with common money. Having considered your arguments, the court will decide on the compulsory division of the apartment or refuse the division due to inconclusive evidence.
Step 8
In all cases described above, without exception, if minors, incapacitated or partially capable persons live or are owners in the apartment, the guardianship and guardianship authorities are obliged to participate in the division, sale, exchange. These authorities must be notified of the manipulation of housing in writing.
