A dwelling can turn into a communal apartment if it is jointly owned by several people. If the tenants want to disperse and one of the owners does not agree to the division by sale or exchange, then the share of each owner in kind should be allocated in court.
Necessary
- -application to the court
- - registration of a separate cadastral passport
- -registration of ownership
Instructions
Step 1
Municipal housing, which is owned under a social tenancy agreement, cannot be divided by sale or allocation of a share in kind. Only in the case of privatization and registration of ownership of all those who participated in the privatization.
Step 2
Housing that is owned can be divided into shares in kind only if each owner can be allocated an isolated room and the rights of all owners will not be infringed.
Step 3
To allocate a share in kind, each owner should go to court and submit an apartment plan indicating the possibility of dividing into separate rooms. Only isolated rooms can be considered a separate room for reading article No. 16 of the ZhK of the Russian Federation.
Step 4
Each owner has the right to receive his share in the apartment in accordance with Article No. 252, Clause No. 2 of the Civil Code of the Russian Federation.
Step 5
The court will appoint a commission that will determine whether the apartment can be divided in the form of a share in kind or not.
Step 6
After a court decision on the allocation of a share in kind, each owner draws up new technical documents for his share, receives a cadastral passport and registers a separate ownership right.
Step 7
After the registration of ownership by each resident of the apartment, the housing department divides personal accounts for the payment of utilities. The apartment is being converted into a communal apartment.
Step 8
If one of the owners of a communal apartment wants to sell his share, then the sale must take place in accordance with the rules for the sale of communal housing.
Step 9
All co-owners of an apartment have the right of preferential purchase of a room in an apartment. Therefore, all co-owners should send a notarized notice of the terms of sale and price, by registered mail with a list of the attachments.
Step 10
If after one month no one announced a desire to buy your room, then by default the co-owners can sell the room to an outsider.