If the house in which you live, owned by more than one person (for example, is jointly shared property of spouses), sooner or later, you may need to partition it.Such a situation can become part of the real estate in a divorce, the transfer of an inheritance, the allocation of the share of the adult son for independent living, and so on. D.
Section home (household) can be carried out voluntarily, unless the owners are no disagreements over the size of their shares andother controversial issues.In this case, all the owners enter into an agreement (the Agreement) with the establishment of mandatory registration of Justice.After the state registration of the agreement the total ownership of the lost, and each one becomes the owner of the former owners of their individual share.
addition section entire household by the number of owners in proportion to the share of each, it is also possible allocation of a share of one of them (the rest remains in the common ownership).
If a voluntary agreement is not reached (which happens more often), the section of the house is made by the court.It should be borne in mind that the division of households (both voluntarily and through the courts), it is possible only if there is a possibility t. N.Housing section (allocating a share) in nature.What it is?
Section House (selection thereof) in kind involves the allocation to each of the owners of the residential and utility (commercial) buildings.Allocates a portion should provide the conditions for a separate residence, that is. E. Have a separate entrance, natural light (the selection of rooms without windows are not allowed), sanitary facilities all the necessary communications.Thus, the part should be allocated to a separate apartment.That is why the allocation of shares in the nature of the apartment is not feasible (not possible to divide the utility room), and the Court can only establish a procedure for use of the area.
Section households through court made the appointment of a special technical examination carried out by an expert organization or particular expertise.His task - to establish the existence of the real possibility of homeownership to the section of the stand-alone use, set the actual wear and tear and actual (market) value of the buildings, as well as the amount of compensation.
Compensation is paid to the owners, whose share is smaller than required by law.This happens when the section is proportional to the ideal house shares impossible.The payment of such compensation is permitted only with the consent of owners, forced her appointment is not possible.
exception is when the owner of the share is insignificant, and in fact it is impossible to identify.The amount of compensation is calculated based on the actual value of the share owner at the time of partition.
The task of the judicial technical expertise also includes the definition of opportunities and the value of the conversion of premises for the purpose of the real possibility of a separation device (separate entrance, summing up the necessary engineering services, and so on. N.).Such conversion is possible, provided that it does not cause disproportionate damage.What it is?
disproportionate damage - a significant deterioration pereplaniruemogo housing, increasing residential areas by residential mismatch refurbished rooms with sanitary norms, etc..
If the owner at his own expense have been made to improve, inseparable from the object, it has the right to demand a proportional increasethe size of its stake.In this case, a mean increase in area enhancements.
If the home section in kind is not feasible due to objective reasons, and an option for compensation with the termination of ownership of the participants is rejected, the court may determine the procedure for using a controversial subject property.
