You will need
- -a statement to the court
- -plan of the apartment from BTI
- -the Commission act
- -the court's decision
For allotment of share in kind should write an application to the court. At the hearing, you must submit a plan of the apartment received in the BTI and to note how it is possible to divide the apartment.
Section apartments in nature is possible only in case if the apartment is large and each owner or individual family owners will get a separate isolated room. Before the court determines the personal share of each owner in the nature of a Commission will be created, which will determine on the spot, it is possible to allocate the share in kind or not. The court will make the decision on the basis of the act, the Commission surveyed the dwelling.
If the shares are divided in kind, each owner or family of owners received their own separate isolated room, then notifying all owners a letter with an attachment of a notarial deed on the terms of the sale, his share can be sold who wishes to buy it to one of the owners or a third person by default all owners.
But before we do, it is necessary to issue a new technical documents to the apartment and to each owner his certificate of ownership on your share.
If the room is too small or to each owner it is impossible to identify an isolated room, the apportionment of the share in kind is impossible. In this case, the court will award a share of each in percentage terms.
If the share of each allocated as a percentage, someone wants to waste your time, and the other owners do not agree, the court forced forced to pay money corresponding to the size of the share of the apartment.
Advice 2: How to allocate a share in the apartment
If the apartment is in joint ownership of several persons, to allocate a share, you must first define it. The process is quite complex and contains certain pitfalls. Let's try to avoid them.
For the drafting and conclusion of the agreement on the definition of shares, all owners of apartments must apply to the notary. The notary will draw up and execute the necessary agreement, subject to the consent of all owners. If one of the owners of the apartment do not agree with his specific share or wants to determine the proportion in principle, you have to go to court.
In accordance with applicable law, we determine the proportion should be equal. For example, if you live in an apartment 4 people, then each share will be 1/4 of the apartment. Since the ownership of the apartment is shared, the separation of accounts does not occur.
Defined in the flat share can be identified, which means recognizing them as the private property of the individual. It is worth remembering that it is possible to define an isolated room, for example, a room. There is another problem - the law requires that the allocated room had its own entrance. In other words, to allocate a room in an apartment on the fifth floor is not possible.
Thus, the allocation of shares in the apartment - the procedure is extremely difficult. It is more applicable to one-story rural homes. Living in the cheaper apartments across the court to determine title to the apartment or to sell its stake (for example, in a conflict relationship with roommates). When determining the right to use the apartment through the courts, it is important that the rooms in the apartment were separate and not related, since this definition involves the establishment of a procedure under which one owner will be entitled to use the room # 1, and the other room # 2.