Determining and allocating a share in a jointly owned apartment is a rather complicated and time-consuming process. Usually, a similar problem is encountered when privatizing living space or when buying together, being legally married. In order not to bump into "pitfalls" in the design of the section, you should know the process.
Necessary
- - all available documents for the apartment, including a certificate of ownership, a privatization agreement, a purchase and sale agreement;
- - copies of passports proving the identity of residents, as well as establishing the degree of kinship;
- - documents provided upon request (payment receipts, checks, acts, orders).
Instructions
Step 1
Determine how many owners have the right to own, use and dispose of the apartment. Most often, such a process can be carried out independently, however, when faced with a misunderstanding of relatives, or if a conflict situation arises, apply to the court for determining co-owners. In the course of a civil dispute, the number of co-owners of the available space will be established.
Step 2
Submit the prepared documents and an application for establishing a share for each owner to Rosreestr. The allocation of shares takes place on the basis of Articles 252-254 of the Civil Code of the Russian Federation. That is, if 5 people have the right to an apartment, then each will receive a certificate of legal ownership of 1/5 of the housing.
Step 3
Certain shares can be distinguished, that is, each one can be recognized as property for a certain family member. However, in order to allocate a separate room in an apartment, legislation requires its own entrance, that is, even purely theoretically, this procedure is considered little possible in an apartment. This process is easier to accomplish with a one-story residential building.
