Today, many citizens, by any means seeking to solve the housing problem, become co-owners of 1/20 or even less of a share in the right to an apartment. Considering that in most cases we are talking about apartments with a small footage, options with the presence of such co-owners always cause a lot of problems. The owner of his meager shares is registered and dreams of living on them, and the rest of the co-owners must put up with this state of affairs. In this case, the law can side with the owners of a larger share in the apartment and deprive the owner of its small part of the right of residence, and, consequently, registration in the apartment.
Instructions
Step 1
Find out what share in the right the co-owner of your apartment has. This information can be obtained from the regional office of the USRR at the location of the property. Request this information on a general basis by paying a state fee. You will be given a certificate indicating all co-owners of the object with the exact size of their share in the right.
Step 2
Calculate, relative to the total area of the apartment, how many square meters will be in this share. If the resulting figure is noticeably less than the smallest living room in your apartment, you have a chance to write out the co-owner who owns this share in court.
Step 3
Submit a statement of claim to the district court at the location of the disputed property. In the claim, state the requirements regarding the defendant, the specified co-owner, to deprive him of the right to use the property and to remove him from the registration at the address of this apartment.
Step 4
Justify in the claim the impossibility of allocating real space for living on the defendant's share. Provide the court with a technical passport of your apartment, which will reflect a detailed plan of all premises of the apartment. In addition, indicate the number of people living in the disputed property, other than the respondent. Write down the size of their shares in the apartment and attach to the claim the documents of their legal occupation of the given living space. The documents must contain certificates of ownership.
Step 5
If the defendant, in addition to the share in the disputed apartment, owns other residential real estate, pay attention of the judge to this circumstance when considering your case. This fact will significantly increase your chances of winning the process. If you do not have documentary evidence of this circumstance, invite witnesses to the meeting. In the future, the court, after hearing the testimony, will be able to send a request for the defendant's other property itself.
Step 6
At court hearings, defend your position, referring to the impossibility of living together in one small living space with the defendant. Ask the court, given the small share in the right and the availability of other housing for the co-owner, to deprive him of the right to live in the controversial apartment and remove him from the registration register.
Step 7
The court will consider all the materials presented and question the alleged witnesses in the case. If there is good reason, your claim will be upheld.
