Claims for share in common joint property (model) 2023

The property may be owned simultaneously by several citizens; any owner may require the other co-owners to make a share of the property available in court; this means that one of the rooms will be attached to the plaintiff; the part allocated in kind must be independent of the rest of the dwelling.

For which part of the housing may be required

The relationship between the owners may change over time, as a result of misunderstandings between the people, conflicts arise on the basis of which common housing becomes a source of discord.

All partners: ex-wives, adult children, relatives or non-affiliated citizens are entitled to share.

There are two families under the same roof, and the married son wants to live separately from his parents.
Former spouses do not want to live in the same home.
One of the co-owners intends to dispose of their shares.

The debtor ' s share of the enforcement proceedings is allocated.

The owners can negotiate and sign a contract to separate each part of the dwelling in kind, and the family refers to an independent evaluator before formalizing the agreement.

On the basis of the expertise obtained, all parties involved shall calculate the value of the share allocated.

If it doesn't work out in reality, the person who wanted to live apart, with his consent, the rest of the owners:

If the co-owners cannot agree on their own, the problem will have to be resolved in court.

We've already published interesting material about equity ownership on this link.

What can be done with the allocated share

• Owners who require the allocation of their share of housing in kind may have the following objectives:
• The court ' s determination of the manner in which the accommodation and accessories are to be used (vannament, kitchen, closet);
  Determination of the share of each party for the conclusion of a marriage contract between the spouses;
  The division of property of former spouses;
• To perform legally significant acts with property in kind (gift, sell, bequeath) without the consent of the other owners.

The first option applies when the parties are going to continue to coexist after the separation into the same dwelling, but it is not possible, together with the living square metres, to separate the bath and the toilet. The urban flat with a standard plan is difficult to divide into autonomous parts, to build a separate entrance, so that the person claiming to have his share gets a separate room in kind, and the premises with convenience remain jointly owned, and as a result the property is converted into a communal unit.

If you give a share of your property to a near relative, it is appropriate for the owner to sell a separate room or half of the house.

The allocation of in kind shares shall be subject to the condition that the dwelling:

will remain suitable for housing;
will be used as intended.

Accommodation requirements

The interests of other co-owners should not be prejudiced in the division of dwellings; each type of dwelling is subject to its own requirements; the hardest part is to divide the urban dwelling.

In the apartment.

A portion of the dwelling in kind is possible if each owner receives a separate dwelling from the rest of the owner. Such manipulation of the room in the communal apartment or the hotel will not be possible. The court will ask the defendant to pay the money to the plaintiff. The amount for which he can count shall not exceed the real value of his share.

The difficulty of the section is that standard flats have a layout that prevents the creation of additional separate streets, toilets and cooking facilities.

The owners may continue to live under the same roof, and a separate room will be allocated to one of the owners.

In joint ownership, tenants will continue to use non-residential premises assigned to common services.

In the house.

Houses are to be divided if it is possible, without prejudice to the capital walls, to complete for one of the co-owners separate exits, kitchens, toilets; if the house has a small area, the person claiming to have his share in kind can only count on a monetary refund of the value of his portion.

On land

1. Co-owners have the right to divide the land on which the house is located.

   The allocation of parts in kind shall be carried out in accordance with the prescribed rules:

2. No section less than is permitted by law may be allocated;
   The provision must preserve its purpose;
   An area may not cross the land of another person;
   The creation of new floors with broken borders is not permitted;
3. Land is necessarily intertwined before the agreement is signed.

The land must be in the house and have a line of contact with the street; its owner has the right to use his part of the plot to create a separate exit and annex.

In the garage.

Garage and other economic constructions are also to be divided; non-residential premises may continue to be shared by co-owners, but the proportion of the land under the buildings will be allocated in kind.

If it is not possible to agree on a sharing arrangement, the rest of the owners are entitled to purchase the share of the garage from the plaintiff; under the law, the co-owners have the primary right to purchase the sold parts of the joint property.

Out of court order

The owners may divide the dwelling by agreement of the parties without judicial intervention; the filing of the claim, the services of valuers, the legal profession is worth the money; if relatives can come to an agreement without conflict; the agreement on the allocation of an apartment share in kind is signed by all parties and certified by a notary.

Establishment of the premises and receipt of the technical plan

A new technical space plan is needed to ensure that an isolated part of the dwelling is created not only in the draft agreement but also in the drawings of the BTI. If the apartment has to be rebuilt, the technology is needed to legitimize the remodelling.

An application to the BTI may be made by the owners of the home or their trusted person, in which case the documents shall be accompanied by a power of attorney in the name of the legal representative, and the owner shall provide to the BTI:

• Adult passports and birth certificates of minor homeowners;
  Paper to establish ownership of immovable property;
  Application for site survey and establishment of a new technical passport;
• paid for a fee charged for the services of public organizations.
• BTI officers may refuse an application for a technical passport if:
• He is not the owner and has no power of attorney from the owners of the dwelling;
  The package does not contain the necessary documents;
• The statement is written wrong and lacks the necessary information.

One of the reasons for refusal to perform the service may be the absence of a receipt confirming the payment of the State duty, which in 2023 begins with 1,200 roubles and can sometimes reach 15,000 roubles.

A technical passport will be issued and issued after 10-14 working days. The processing time depends on the size of the real estate facility. If the size of the passport exceeds 1,000 square metres, the BTI staff will need up to 20 days to create a new passport. The cost of the passport depends on several factors:

The urgency of the execution of the -1000 rubles;
Intermediation fees ranging from 1,500 to 2,000 roubles;

1. The amount of State duty is from 1,200 rubles.
2. The final amount depends on the complexity of the measurement.

Conclusion of the identification agreement

The division may be made on the basis of an agreement between the parties to determine in kind each share of the dwelling. Only those documents that are certified by a notary office are of legal value. The arrangement is very simple. If in kind the space given to the person is larger than his share, then he must pay his co-owners. If he is given a smaller area, the rest of the owners shall compensate the person allocated for the loss.

A model agreement can be downloaded from this link.

It is important that compensation may be paid by money, an additional piece of land, constructions and shares in another dwelling.

The cost of a notary ' s service depends on the price of the property. The lawyer will not confirm the division of the arrested or encumbered apartment. The parties shall provide the notary with:

• Agreement between the parties;
  Exposition of the EGRN;
  All documents establishing legal owners;
  A home book;
  Technical passport;
• Adult co-owners ' passports and children ' s birth certificates.
• Read this material in more detail about the procedure for drafting the agreement.

Registration in Rostreister

Following the conclusion of the contract and the transfer of shares, the legal manipulation of real estate must be recorded by the relevant public authority.

The agreement of the parties on the determination of the share of housing in kind is transmitted to the IFC (My Documents Organization) for registration from where it is transmitted to the office of Rosreestra, on the basis of an application, with which the official of the public authority is provided:

1. Trust in the name of the legal representative (if papers are submitted by the trusted persons);
   The passports of all adult participants in the registration and birth certificates of minor owners;
   Owners ' agreement certified by notary;
   The home book;
   The technical passport of the real estate facility;
2. A receipt confirming the payment of the State Secretary.

The registration of shares takes seven working days if the documents have been handed over through My Documents, the processing and amendment period is extended by two more days, and the State ' s registration service after the allocation of property in kind will cost 2,000 roubles per citizen.

Judicial procedure

When the parties are unable to reach an agreement, they will have to make a contribution to the court; they have the right to file a claim with any of the owners of the home; they will file with the application all the necessary documents, certificates, statements which the court may need during the proceedings.

Preparation of documents and calculation of the Ministry of Foreign Affairs

• The court ' s consideration of the case will be based on evidence, as follows:
• Independent assessment;
  Checks proving financial investments in the repair and construction of the home ownership of one of the parties;
• Marriage contracts.

The interests of minor children and persons with disabilities will be taken into account in the allocation of a separate part in kind from the total share of housing, and the parties are therefore obliged to inform the judicial authorities of the existence of owners and tenants with special rights.

The court ' s package consists of:

1. Technical passport (taken to BTI);
   Documents identifying the owners of the home;
   EGRN release (ordered by the IFC or Rosreestre website);
   Home Book (extracted from it);
   Certificate of residence;
   A warrant;
2. Sales contract.
3. The key point in the case is the bill for the payment of the State duty, which is calculated on the basis of the claim:

If the disputed property is estimated to be less than 20,000 roubles, the applicant owes 4 per cent (but not less than 400 roubles).
When the share of housing to be divided amounts to between 20,000 and 100,000 roubles.

The plaintiff must pay 3 per cent in the State Treasury;
If the parties ' financial claims exceed 100,000 but are less than 200,000, the duty will be 3,200 roubles + 2 per cent of the disputed amount;
At a price of between 200,000 and 1 million roubles.

The State is owed 5,200 + 1 per cent;

When the value of the disputed property exceeds 1 million roubles, the claimant must pay a fixed government fee of 30 tonnes + 5 per cent of the sum exceeding the 1 million roubles (but not more than 60 tonnes).

Formulation of the claim

It is possible to make a claim for an apartment share on your own, using a sample, but to avoid errors and nuances, it is better to seek the help of the lawyers of our portal. You should contact the district court or the justice of the peace.

• Application can be made in several ways:
• Personally;
  By post with notice of service;
• through a trusted person.
• A sample of the action to fill in will be downloaded from this link.

Trial

If the disputed property is worth no more than 50 tons of rubles, it will be possible for the justice of the peace to allocate a share of the personal property of the citizens. If there is evidence of a high price, the proceedings will take place in the district court.

The length of the litigation depends on several factors:

The correct drafting of documents;
The willingness of the parties to make concessions.

As a result of litigation, the parties are given a decision; this document is the basis for the separation of part of the dwelling in kind and for changes in the register; if one of the parties is required to obtain substantial monetary compensation, the execution is supervised by FSP officials; the person concerned shall hand over the executive record to the bailiffs.

Registration in Rostreister

Upon completion of the trial, the owners must record the changes made to the real estate in Rosreestre. Documents may be transmitted through the IFC or Rosreestra office.

1. Application for registration;
   The decision of the court;
   Trust in the representative;
   Passport;
   The home book;
   passport;
2. It's a receipt from the Minister's office.

The registration takes place within seven working days; the cost of processing 2,000 roubles per person; if the documents go to the registration authorities through the IFC, the processing time is extended by another two working days.

Judicial practice

It is not in every apartment that the share is produced; as a result of the division of property, the claimant must obtain not only an isolated room, but also a separate kitchen, an exit to the street, a shower, and a city apartment with a certain type of layout is not subject to restructuring.

As the case law shows, the procedure for the use of real estate may be determined during the proceedings; if such a decision is not acceptable to the plaintiff, he or she has the right to sell his or her share of the home to one of the owners or to divide it equally into all persons, after which he or she loses the right to reside in the apartment.

Tax question

A person who has sold his or her share must pay a tax on his or her income to the Government, and all the other owners who remain in the apartment after paying for the allocated portion (purchase) add additional square metres to their parts, in which case they must pay a tax on immovable property calculated on the basis of the changes that have occurred.

The amount that citizens are obliged to transfer to the State is calculated by the tax inspection according to the BTI, and the basis for the calculation of the tax is the cadastral or inventory value of the dwelling.

If you don't have any questions left, the on-call lawyer will help you. To sign up for a consultation, you have to put your data in a special form at the corner of the screen.

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Allocation of shares from common joint property 2023

The allocation of shares in an apartment to separate and separate parts is not uncommon in the Russian Federation; these actions are taken to secure a certain amount of space for children, parents of spouses and close relatives; it is recommended that all features of the procedure be included here; the allocation of shares of common joint property is voluntary or through a court.

When required

There are several situations that require the separation of the dwelling into separate parts. This method is often used to:

• Disbursement of the spouse ' s share;
• The division of marital property during marriage or upon its dissolution;
• The allocation of the surviving spouse ' s share;
• The debate within KFC is a very rare species.

What's the difference between a joint and a split

Article 244 of the Civil Code of the Russian Federation refers to the regulation of joint and joint property, which means that several persons have the right to legal use and no shares have been allocated from it.

In the case of joint ownership, the shares of the participants are determined in the form of fractions in the title document.

Common joint property arises under the law in marriage and in KFC. In other cases, common joint property arises.

What's different from the division of property?

A share or share of property is a legally divided apartment, a section called the process of allocating equal or increased common property to persons who are entitled to do so.

Mode of action

There is a special procedure for the procedure:

• A contractual arrangement, if the parties agree;
• Court order if there is a conflict.

Consider them in more detail.

Contractual mode

The allocation of shares from common joint property is effected by signing an agreement on the sharing of shares certified by a notary.

Notary services are mandatory (from 300 to 2000 rubles - 0.5 per cent of real property value, if the contract does not contain a price - 0.5 per cent of the cadastral value of the facility).

The Agreement contains mandatory requirements:

• Date and place of the act;
• Information on the parties to the agreement;
• Identification of the subject matter of the agreement, particulars of the apartment;
• Determination of shares;
• An indication of restrictions on use;
• Additional conditions.

The agreement will be drawn up by the notary himself and the form can be consulted by reference.

After the notary, the agreement is transferred to Rostreest, the registration takes place within 10 working days of the submission of all the documentation, and the registration fee will be 2,000 roubles.

Registration requires:

1. Right-making documents for an apartment (extract from EGRN, certificate of ownership).
2. Written agreement in three copies.
3. A bill of payment of State duty.
4. The passports of the parties.

IMPORTANTYou can ask the notary to transfer the registration documents to electronic form - it's much faster and it's only worth 1,000 rubles.

Judicial method

One way to solve the problem was to allocate a share of the court when peace failed.

The claim is submitted to a territorial court (a district or city court with a claim price of more than 50,000 roubles, a justice of the peace with a claim value of up to 50,000 roubles) at the defendant ' s place of residence or residence.

ATTENTIONThe payment of the State duty when filing a claim is calculated on the basis of the cadastral and market value of the property, the figures can be found in the EGRN statement.

The statement of claim should contain the following information:

1. Name of judicial authority to which the claim is brought.
2. Information on the plaintiff, the defendant and third parties.
3. Name of claim (title).
4. Identification of assets for shares.
5. A statement of the reasons for the allocation of shares.
6. A statement of the facts confirming ownership and obtaining a share.
7. Other information to be specified (children, section in kind, etc.).
8. Application names, number of copies.
9. Date and signature.

The application form can be downloaded from this link.

Registration of shares in Rosreister

On the basis of an agreement on the allocation of shares or a court decision, the right to share is registered in Rosreestre; this is the final phase of the termination of joint property.

Documents may be sent to:

• Through the nearest IFC (My papers);
• State services;
• Through a notary who certified the agreements.

The list of papers supplements the one-day declaration of the special model and the application is filled in by an authorized staff member of the IFC or a notary; it does not need to be completed in advance.

Registration times are standard: 7-9 working days. 2,000 rubles are available.

Discretion result

As a result of the selection:

• the specific share of the citizen in the property is determined on paper;
• If they have declared an exposition in kind, the property is divided in kind.
• If it is not possible to do so, monetary compensation shall be awarded.

In kind, a share is allocated for an individual visit (with a separate entrance) for the rooms, the entire room on the first floor, where it is possible to establish a separate entrance. Under the law, if such an allocation is not possible, special guarantees in the form of compensatory payments are applied, and each share held may be divided into shares.

I've given you shares in kind.

The allocation of a share in kind has the following reasons:

1. There is a desire to make a deal with only part of the apartment.
2. To resolve disputes and conflicts with other owners in this way.
3. Pay only for its own square meters.

The court will decide on the merits and award the payment on the basis of the documents provided, and it may also be difficult to recover the payment in the event of disagreement with the other owners.

Very often, the issue concerns ex-husband and wife, how to allocate a share of the joint property if the spouses do not live together, but one of them wants to manage the share or receive payment.

It is recommended that the court clarify all the nuances that arise, since they are the ones that help to resolve the case fairly.

Compensation

Where there is a need to divide property, it is possible to allocate a share of the joint property of spouses or other persons, and the total area of the dwelling or non-residential premises is to be separated.

Under the law, it was impossible to do so in relation to a single-room apartment because it could not provide a separate entrance, and it was recommended that the situation should be resolved with monetary compensation.

This method is particularly applicable when it is not possible to enter the premises. Only the court can provide a share of the apartment in such situations.

When it comes to monetary compensation, a part of the dwelling is forced to pay for it, and the plaintiff must provide substantial evidence to enable the judge to grant the claim in his favour.

The Civil Code of the Russian Federation states that such compensation occurs when it is not possible to produce in kind; article 252 must be mentioned in the suit; it must also take into account the small size of the claim, the small size of the area occupied.

All the reasons and grounds that exist may be accepted by the court, such as having children and not being able to care for the premises.

A special report with the signature and stamp of the official organization shall be issued after the calculation of the compensation amount.

The report shall state:

1. Place and date of report.
2. Name and address of the evaluation organization.
3. Title of the document.
4. Information on the real estate property.
5. The results of the forensics.
6. Signature and seal.

Such a document is used in court as evidence of the actual price of the disputed share.

How to calculate the share of the apartment

For example, if the apartment is three-bedroom, the area of each room is 100, so that the legal area of each member of a family of three is 0.36, divided by 3, so that 71 square meters is divided into equal parts for the whole family.

The division of unequal parts is prohibited; it is only possible by agreement of the parties or during the course of the transaction (gifts). 23.67 square metres is an area that can be handled at personal discretion.

It's important!All circumstances to be registered must be indicated in the space-to-part document; otherwise, there may be difficulties in the use of housing.

This procedure is costly and time-consuming and can be carried out either on its own or with the help of legal firms. The allocation of its own square metres in the apartment provides a guarantee that it cannot be distributed in the future (it is attached to the owner).

You also have the opportunity to ask the on-call lawyer a question in the chat room or to sign up for a free consultation through a special form at the corner of the screen.

Further details on the allocation of a share of the total share of property, as well as the allocation of a percentage of children, can be found in this article.

The claim for share in the total (joint) share of property.

The joint ownership of joint or joint property may often result in a conflict between the owners with the intention of allocating their share of the property, in which case the prospective owner of the property will be required to make a claim for a share of the property, including the share in the apartment or house. When and when such a claim is made, consider below.

Common and joint property: differences

The Act singles out two types of ownership of property, which include:

1. Joint – There is no split by shares, and each participant is 100% owner.
2. Share - property is divided between owners as a percentage.

The law allows for a change in the legal status of the property from joint to equity, but this requires the will of all owners, by drawing up a special agreement, or, if the other owners refuse to allocate, by filing a suit.

In the first case, in the absence of a share, an agreement must be drawn up to begin with, or an application must be filed with the judicial authorities to determine the part of the property for each owner; then the question of allocation must be decided.

Pretrial settlement

First of all, there is a need to check the legal documentation; often it already indicates which owner and what percentage of the property is owned (in percentage or m2). The entire area of the property (e.g., apartments, plots or non-residential premises) is sufficient to determine the size of the share of each participant.

Before resorting to a court and before making a claim for shares, it is desirable for owners to try to decide on their own allocation.

Since in the future the papers on the attempt to settle the peace will be evidence in the trial, it is better to send the proposal through the post office by means of a registered letter to which the notice of service is attached.

A technical assessment should also be carried out through the court before filing a claim for in-kind share, and this procedure will identify:

1. It is possible to make a share of the property available.
2. Determination of the real as well as the market price of the property.
3. The degree of wear and tear.
4. The need for re-engineering for selection and its cost.
5. The amount of compensation to be paid if it is not possible to make perfect shares.

It is the conclusion of the technical expertise that will be one of the main proofs of the possibility of making a contribution in kind.

How to make a proper claim for shares

If it is not possible to arrange the allocation through a voluntary agreement, the owner of a part of the property must bring a lawsuit before the judicial authorities in order to resolve the matter.

It is not possible to divide property in kind if a dwelling is to be divided; it is virtually impossible to produce an apartment in kind; unless it is a low-storey construction (2-4-8 apartments), the division of the property must be carried out at the same time as the allocation of the share of the house must be decided.

ATTENTION: RECOMMENDEDTo entrust the preparation of the suit to an experienced lawyerWrite a chat or call the competent housing lawyers on the phone!

General rules in the preparation of the claim

There is no separate form of application for the allocation of shares by law; it is better to be guided by the general requirements of article 131-132 of the Criminal Code of the Russian Federation, which describe in sufficient detail what needs to be written in the suit.

The standard form for the statement of ownership consists of several parts:

1. Part One - the cap is written in the upper right corner and consists of the following paragraphs:
   • Location and name of the court (for example, Ivanovsk District Court of Ivanovo).
   • The applicant must describe both his/her passport and the respondent ' s data, address of residence, telephone numbers and e-mail addresses.
   • Data on the value of claims.
2. Part Two is the title and type of claim (as regards the allocation of a share or all claims in short).
3. Part three - indication of the substance of the matter under consideration, which indicates:
   • The type of property to be divided;
   • The exact address of the real estate;
   • Inventory number;
   • The amount of the claimant ' s share;
   • The amount of the defendant ' s share;
   • An indication of the supporting documentation;
   • The reasons and reasons why joint exploitation of property is not possible;
   • An indication of the conclusion of the agreement - were attempts to conclude and a description of all the measures taken;
   • The proposed methods of separation, with a full description of them.
   • Evidence of the dispute, arguments for their position, reference to practice and technical expertise on the possibility of giving shares in the apartment, home.
4. Part Four - a petition to be brought to trial:
   • The request for a share shall be made and the address of the property shall be indicated;
   • The amount of compensation awarded to the defendant (if required);
5. Part Five (optional) is information on the availability of witnesses and a brief description of their testimony.
6. Final part:
   • List of attached papers.
   • Date of delivery;
   • Signature (with decrypting).

Model statement of claim for shares in the house, apartment

If necessary, you can consult our lawyers on the phone or on the chat room free of charge.

• Just ask them your questions about the problems!
• You can use the sample below to fill in the document yourself.

Documents attached

List of documents attached to the suit (number of copies, one copy per number of participants):

1. A photocopy of the defendant's statement of claim.
2. A check confirming payment of State duty (calculated on the basis of the price of the claim).
3. Documentation confirming the right to share property.
4. The papers are for the share of common property.
5. Plan of the apartment or building (from the plot to the interstate plan)
6. Cerocopies of BTI transport equipment
7. Other evidence that supports the basis of the claim.

State claim for shares

The amount of the fee will be determined on the basis of the estimated price of the shared property, i.e. the price of the claim.

At present, under regulation 333.19 of the tax law, the State party ' s claim for shares is determined in the following amounts:

• At a claim price of less than 20,000 - 4 per cent of the claim, but not less than 400 roubles;
• More than 20 and up to 100,000 - 3% of the sum + 800 roubles;
• From 100 to 200 - 2% plus three thousand 200 rubles;
• Over 200 to a million, 1 per cent and an additional 5,200;
• If the lawsuit costs more than a million, it's 13,200 + 0.5%.

At the same time, the size of the majesty cannot be greater than 60,000.

The payment of such a fee is the responsibility of the applicant, but the plaintiff is entitled to demand that this duty be imposed in whole or in part on the other party to the dispute, if the issue is settled in favour of the applicant.

APPLAUSE: Data on the claim for payment is provided by the authority to which the claim will be submitted; in addition, there is a duty calculator service on the official Internet, a resource of the judicial authority, which can be used to determine the exact amount of payment on a case-by-case basis.

If there are compelling circumstances, the applicant may apply to the court for a stay of payment or partial payment (delay).

Rules for filing a claim

Applications for a share in property shall be submitted in a general manner to the court competent to hear disputes such as the allocation of shares.

Jurisdiction

It is the responsibility of the justice of the peace (in proceedings involving a value of less than 50,000) or of the district courts to decide on the allocation of ownership in the first instance, which authority should be specified on the basis of the price of the claim; most often, however, such cases are heard by the district courts in view of the high value of the immovable property.

The application is submitted on the basis of 29 rules of the Russian Civil Code to the court on the territory of the defendant ' s residence.

Civil - procedural law sets out several options for making a claim for a house or apartment:

• To apply in person – to visit the court's address at reception time, register the application with the office, then file it for consideration; one copy of the claim will be returned to the applicant with a certificate of acceptance;
• In the post office, the claim is sent by registered letter. The proof of receipt is the notice of service. The application should be accompanied by all the necessary papers and calculations, as well as a list of the deposits.
• via the Internet: (1) by sending a copy of the documents via the "gos services" resource; (2) by collecting all the required documents electronically on the court's website (compulsoryly a qualified electronic signature is required).

Time frame for consideration

The application shall be accepted by the court within five days and, if the application is accepted by the court, the applicant shall be notified of the time and date of the proceedings.

On the basis of article 154, paragraph 1, of the Criminal Code of the Russian Federation, within two months of the filing of claims, the judicial authority is obliged to consider a case concerning the allocation of ownership.

In practice, such a period of time may be extended if an expert examination is ordered; the procedural period of two months is suspended, but the total time of the court interest claim will be more than two months.

Legal advice

If you need qualified legal assistance on this matter, ask our lawyers free of charge, and if you need them, they'll give them a sound advice on the preparation of a statement of claim or, if necessary, they'll provide the necessary services.

Ask a free question and get expert support!

(C) Doropheus Lilya, a practicing lawyer, specifically for VSude.INFO

Model claim for share in the apartment

In civil law this is referred to as common equity property. This option is very common in the case of inherited objects, where several people are granted the perfect right to an apartment or a conditional home at the same time. Once all the compulsory documents have been issued, such owners may proceed directly with the separation. The question of the amount due to each size can be resolved by formal agreement or by judicial procedure. In the first option, each entity receives the same number of square metres. If judicial procedure is used, the court will decide on the possible proportions.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

If you want to know,How to solve your problem -- you can use the form of an online consultant on the right or you can call the phones on the website. It's quick and free!

Contents:

• Model statement of claim "Proceeding statement on the division of privatized apartments in kind"
• Statement of claim for a share of land in kind
• How to draw up a claim for in-kind share
• Methods of allocating a share of the total share of property to the model agreement and claim 2023
• How to write a claim for share
• Application for the determination of the spouses ' share of the dwelling

A copy of the certificate of registration of ownership The copy of the contract for the sale and sale of the apartment Markov I. The speciality of determining the share of spouses in terms of the law is the basic rule: the apartment acquired by the spouses during the marriage is equally divided.

Model statement of claim "Proceeding statement on the division of privatized apartments in kind"

Together with me, the participants in the equity property on the basis of a BRTI certificate are: list all participants in the equity property with their shares.

In the past, I did not set aside a share of the dwelling in kind, nor was there an agreement on how to use the dwelling if it was established to list the terms of those sections and agreements; pursuant to paragraphs 1 and 3 of article GC of the RB, property held in equity ownership may be divided between the parties by agreement between them.

• If the parties fail to achieve an agreement on the modalities and conditions for the division of common property or have made a share of one of them, the participant in the joint property is entitled to seek in court the allocation in kind of his or her share of common property.
• In addition, under paragraph 4, paragraph 2, of the said article, compensation may be paid to the participant by the remaining owners, instead of providing his or her share in kind, with his or her consent.
• In cases where the share of the owner concerned is small, cannot actually be allocated and does not have a substantial interest in the use of common property, the court may, in the absence of that owner ' s consent, order him to transfer his share to the rest of the participants with compensation.

It is reasonable to believe that the respondent has little interest in the use of common property, since the defendant does not live in the apartment only from time to time, and that the defendant does not have any other accommodation, which I know, if you know, to list the residences of the defendant, his mother, his father, etc.

In addition, I have repeatedly asked the defendant to voluntarily sell his share of the apartment and to evict with payment of the amount due to him; however, the defendant has been excluded from the voluntary eviction and sale of his share.

1. Copies of the statement of claim for the defendant and third parties: a copy of the contract for the sale of a contract for the giving of a different document on the basis of which the plaintiff owns a share of the apartment.

A copy of the assessment of the cost of the dwelling for the calculation of the State Ministry, a copy of the certificate of ownership of the dwelling, 5 per cent of the cost of the claim, and only a licensed lawyer can guarantee the correct filing of the claim, as well as the correct calculation of the State duty.

The following questions: If you need urgent legal assistance if you have not received an answer to your question or for some reason it is not clear to you if you wish to receive qualified legal assistance, taking into account your particulars, if you need representation of your interests already today if you are not sure that you can defend your legal rights yourself we suggest that you avail yourself of the legal aid of counsel, Philanovich Irina Nikolaevna.

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Statement of claim for a share of land in kind

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How to draw up a claim for in-kind share

A copy of the certificate of ownership as well as an extract from the home book in the annex.

In support of the claim, it was stated that the date of the year had been impersonal during the marriage that the apartment Number was defaced, located in the Quarter had been purchased as a mortgage and had been issued as a joint equity property.

After the birth of the second child, Galaction Sofia, and the Pension Fund Authority, money was allocated to the mother ' s capital to cover the loan from the purchased apartment.

On the date of the year, she and the defendant made commitments to allocate a percentage of the children in the purchased apartment by agreement of the parties.

Model application to the court for the allocation of share 1.

It is difficult to describe the idyllic life of people who are not one family but who coexist in a common apartment.

Methods of allocating a share of the total share of property to the model agreement and claim 2023

In other words, the value of the share should be objective, determined on the basis of an expert assessment, and adequately reflect its real value. Third, mechanisms for terminating common property rights in art. This question at the theoretical level cannot give rise to different interpretations, since the rules of art.

The court ' s decision has not been implemented to date; in the course of the execution proceedings, the bailiff has not identified the debtor ' s personal assets sufficient to meet the demands of the claimant in full, within the time limits established by law; the debtor Dushakov, Sergei Sergeyevich, has not paid the debt because of the challenges of the bailiff only by making promises.

The defendant does not pay for accommodation and utilities.

With regard to the provisions of paragraphs 4, 5 of article 5 of the Russian Code of Housing and article of the Russian Civil Code, the court has the right to determine the manner and extent of the participation of the employer ' s associates and members of his family in the costs of the accommodation and utilities, based on the share of the total area of the dwelling, with the obligation of the management organization to conclude an appropriate agreement with each citizen and to issue him with a separate payment document for the accommodation and public services. Since there is no agreement between the persons living in the disputed premises on the procedure for the use of the dwelling, the above-mentioned costs must be determined by the court in accordance with their respective shares. No agreement on the procedure for the use and payment of housing and utilities has been reached.

Application for the determination of the spouses ' share of the dwelling

The conclusions as to the size of the share in the common property of real property owned by two or more persons are exploited in accordance with the rules established by law. The Nyunts of the dispositions of such objects are set out in the Civil Code of the Russian Federation. Certain features of the procedure are reflected in judicial practice.

And here's a sample of the lawsuit, a sample.

At the same time, each of the co-owners has a certain share in ownership; the agreement on the allocation of a share in kind is an agreement reached between all the co-owners, whereby the share of each of these co-owners passes from interest to physical expression.

All data will be transmitted via the secure channel Quickly Fill in the form, and in five minutes you will be contacted by a lawyer - the allocation of the share of the dwelling - is not always an easy procedure; often the parties cannot resolve the dispute on their own; in this case, the only way out is through recourse to the judiciary; this requires the preparation of a basic document - a statement of claim.

An action for a share in the common joint property claim for a share in the joint joint property may often result in a conflict between the owners with the intention to allocate their share of the property, in which case the prospective owner of the property will have to make a claim for a share of the property, including a share in the apartment or house.

The claim for the debtor ' s share in the common property of the spouses The claim for the debtor ' s share in the common property of the spouses 07 January During the enforcement proceedings, it may be determined that the debtor does not have sufficient funds or property to pay the debt.

In this case, the creditor may initiate a process to allocate the debtor ' s share of the joint property, for subsequent enforcement and enforcement, and the spouse ' s share to be collected by the bailiff in the common property claim will normally be applied by the claimant.

For many creditors, this is the last opportunity to recover the funds.