• How to divide the apartment?

    Section of the apartment - is not easy. With real estate, in our country, it is always not easy, but when it comes to allocating shares, it’s not at all confusing. We hope that this article will help you to understand everything.

    Section privatized apartment

    How to divide a privatized apartment? Speaking in legal language, it is the allocation of shares with the division of the personal account of housing, which belongs to the owners. To implement it in several ways. The method of separation will depend on the legal status and strong-willed decision of the apartment owners.

    If the owners could agree among themselves, then the section of the apartment can be arranged as an agreement. It is issued by a notary and is registered with the justice authorities. Such an agreement is concluded only between able-bodied adult citizens.

    If there are minor children among the homeowners, or one of the owners does not want to register the division of the apartment, then the definition of the right to use the apartment, and the allocation of shares take place in court.For this, it is necessary to draw up a claim in which the reasons for the necessary section of the apartment are presented, the circle of owners and their legal status are indicated. If the division of an apartment affects the interests of minor owners, then, additionally, the claim of the petition must be accompanied by the consent of the guardianship and wards, on the division of the apartment, and, in determining it, the child’s share. Best of all, together with the section of the apartment, to demand the definition of rights to use this housing.

    When the apartment is divided, it will be necessary to contact the management organization with a statement on the separation of the personal account, to pay utility bills only for its share.

    Section of non-privatized apartment

    How to divide a non-privatized apartment? Earlier, when the present Housing Code was not yet enacted, it was possible to divide personal accounts, and, in a non-privatized apartment, that is, it was possible to divide a non-privatized apartment between two or more persons. Today, such a rule is absent, because the separation of personal accounts created a semblance of communal apartments.But those who wish to divide a non-privatized apartment can exchange a non-privatized two-room apartment into two non-privatized one-room apartments.

    The exchange of a non-privatized apartment is possible only with the written consent of the landlord, for example, if the apartment belongs to the city, then an agreement should be taken in the city administration. Family members of the tenant may request to exchange an apartment for several apartments, even in different houses. For example, one three-room apartment is divided into three separate one-room apartments. This is useful for those who want to leave.

    But for such an exchange, you need to have an agreement between all members of the family. Such an agreement is not always available, and the case is resolved in court. The court must take into account the legitimate interests and arguments of all persons living in the apartment. Sharing an apartment through court is a long-term, and difficult process.

    In cases where incapable, disabled or minor members of the family of the tenant’s apartment live in an apartment, its consent will be required by the tutorship and guardianship authorities.It can be obtained only in the event that the guardianship authorities do not see violations of the rights of these persons in the exchange of the apartment.

    Apartment section on shares

    How to divide an apartment into shares? To divide an apartment into shares, it is important who owns this apartment.

    If the apartment is municipal, the shares are determined by the municipality. The allocation of shares is made on the basis of the statement of the tenant, that is, those with whom a contract of renting housing. The shares are distributed between the tenants of the apartment. To simplify payments for utilities, you need to submit an application to the management company for the division of the personal account.

    If the apartment belongs to several owners, then it can be divided into shares in a contractual, or judicially. Under a contractual arrangement, an agreement or contract is concluded that must be registered with the judicial authorities. For example, when the owner-spouses do not have minor children, and they reach an agreement on the distribution of shares. If this issue cannot be resolved peacefully, the case is decided in court.

    The court is provided with a statement of claim, copies of documents on the ownership of an apartment, and other documents that may affect the court’s decision.

    Section of the apartment upon divorce

    How to divide an apartment during a divorce if it is jointly owned by the spouses? There are several ways to divide an apartment:

    • Peacefully, concluding an agreement to exchange an apartment for two, or more apartments
    • Section money in half, after the sale of the apartment. This option is possible, by mutual agreement of the spouses, or, in court
    • Section apartment in kind

    The apartment, recognized as a common property, is subject to division, like any other, jointly acquired property. The court determines the shares of each spouse, usually, these shares are equal. The cost of an apartment when exchanging is determined by the market price, if necessary, the court may involve specialists in real estate services for examination.

    Recognition by the court of the right of ownership of the spouse to the apartment is not enough for him to become the owner. This right must be registered at the State Archive of the State Registration Committee; for this, you need to submit a court decision, an apartment plan from the BTI and a receipt for payment of state duty.

    Section one-room apartment

    How to divide a one-room apartment during a divorce? If the apartment was bought with the common money of the spouses and is the common property, then it, upon divorce, is subject to division. After the divorce, each spouse will own half of this apartment.After the divorce, the spouses may enter into an agreement to determine the share of the apartment. If it is impossible to come to an agreement, then decide it in court. After determining the shares of the apartment, each spouse can do with his share everything he wants: to take, sell, exchange, but, for a start, he should offer to buy it to the second spouse. Thus, the spouse will receive monetary compensation for his share of the apartment.

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