You will need
- - the statement in Arbitration court;
- - copy of the cadastral plan.
Common ownership arises on the basis of registration and is governed by article 244 of the civil code. In the case of privatization of common property between spouses does not occur if one of them didn't participate in privatization and the lease is in one spouse, because privatization is a form of unilateral transactions, and all that donated without compensation not subject to the section (article 256 of the civil code, 34 SK the Russian Federation). Hence, when divorce, a privatized apartment will be for those who privatized, that is, to divide it is impossible. In all other cases, each owner is entitled to receive its share in kind or in its equivalent value of cash.
To share in the privatized apartment can be by mutual agreement between all the owners way of exchange or sale and division of funds. Or in court, if someone of the owners do not agree on the partition.
To force the section should apply to Arbitration. In the statement specify, what method should separate apartment, by paying an equivalent share in cash or in kind. If you specify the apportionment of shares in kind, you must attach a copy of the cadastral passport with defined boundaries, on which, in your opinion, can produce section.
The court will refer you to an independent expert Commission, which will determine the possible appropriation of a share in kind or not. The apartment can be split only if each owner get the isolated room and everything will come to an agreement about the General use of places that can not be divided, in particular – are corridors, kitchen, toilet, bathroom. If the Board in kind are possible, then each owner will issue individual certificate of title, after obtaining a cadastral passport for their share and the cadastral plan.
If the apportionment of a share in kind is impossible, then all who disagree with the topic by way of sale or exchange, will be obliged compulsorily pay the cost of your shares in cash. But this is not the best option, since by law from any payer cannot deduct more than 75% of the revenue of the value of its shares you can get for a few years.