Statement of claim for recognition of ownership of a share in an apartment

In civil law there is the concept of “shared ownership”.

This means that the apartment belongs not to one owner, but to several. At the same time, not everyone agrees to share the apartment, and without consent, the interested person has only one thing left: to seek help from the state in the person of a judge.

When is it necessary to recognize ownership of a share in an apartment through the court?

You can own a share in an apartment based on the following facts:

entry into inheritance;
purchasing an apartment during marriage;
an improvement to a spouse's property that increases its value.

Hereditary share

Statement of claim for recognition of ownership of a share in an apartment

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A notary may refuse to partition if the right is not registered with Rosreestr, for example, there is only a Soviet-style certificate for an apartment.

To prove the right to a share, you need to write a claim to the court, to which you must attach:

Marriage certificate;
contract of sale, exchange or privatization;
certificate for the apartment (or extract from Rosreestr);
receipt of state duty (you can calculate and print it on the website of any federal court).

In court, you need to declare the right that arose to the share during the marriage.

Another inheritance dispute: one of the legal heirs was unable to inherit on time, and the apartment was divided among other heirs.

The following documents will be ironclad evidence in court:

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certificate from a consulate, representative office, or embassy confirming residence in another country;
certificate of stay in a hospital or other medical social institution;
another document indicating the validity of missing the deadline for going to the notary.

Statement of claim for recognition of ownership of a share in an apartment

According to the norms of the Civil Code (Article 1148), heirs other than blood heirs may be:

In this case, the condition must be met: the dependents lived together with the deceased for a year before his death . Along with the claim for recognition of the share, the following documents must be presented to the court:

certificate of residence (proves the fact of cohabitation);
child's birth certificate;
certificate of incapacity for work for adults (pension certificate or certificate of disability).

There is also inheritance by right of transmission. For example, the deceased had three children. One of the children did not live to see the opening of the inheritance, but his children will now inherit his share. In this case, you need to submit a request to the court for recognition of the share and provide the following documents:

birth certificate of the heir who did not live to see the opening of the inheritance;
birth certificate of the children of this heir.

Thus, the judge will see the relationship between the deceased (grandfather/grandmother and mother/father) and the right of transmission.

Marital share

According to the norm of Article 34 of the Family Code, all property that spouses acquired during marriage is their common property.

You can divide an apartment into shares both during a divorce and before it.

Statement of claim for recognition of ownership of a share in an apartment

the apartment was purchased before the wedding;
the apartment was gifted to the husband or wife;
the apartment was privatized, but one of the spouses refused privatization;
the apartment was inherited.

Also, the apartment will not be divided if a prenuptial agreement was drawn up before the wedding, according to the terms of which the housing is not divided in the event of a divorce.

To request recognition of a share, you must submit the following documents to the court:

marriage (or divorce) certificate;
contract of sale and purchase (or exchange) for an apartment.

Important: Article 39 of the Family Code established equality of shares of husband and wife in an apartment, that is, in case of divorce it is divided in half.

The share can be increased in favor of the wife if children remain living with her after the divorce.

Acquiring a share by improving the apartment

Statement of claim for recognition of ownership of a share in an apartment

The condition for recognition of the share is the fact that, at the expense of the second spouse, the characteristics of the apartment were improved, thereby its value increased. For example, in the wife’s apartment the husband during the marriage:

carried out communications (water, gas or heat);
made expensive repairs.

To recognize a share, you must submit a claim to a judge, to which you must attach:

marriage (or divorce) certificate;
documents on investments in the apartment (contracts for communications, major repairs, etc.).

Important: nothing will work if the marriage has not been officially registered.

General algorithm of actions

Please note that the statute of limitations for filing a lawsuit is 3 years. If the deadline expires, the court may reject the claim.

Statement of claim for recognition of ownership of a share in an apartment

an application to the court is being prepared;
documents are attached to it (how many parties will be involved in the case, so many copies of documents need to be attached + one for the judge);
state duty is paid (the price of the claim is calculated depending on the value of the share that needs to be recognized; a receipt can be generated and printed on the website of any federal court).

The claim with documents and a receipt for the state fee can be brought to the court office or sent by mail. The judge has 2 months to consider the case.

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Statement of claim for recognition of ownership of a share in an apartment

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The owner of property is considered to be a citizen who has documentary evidence of ownership. In the absence of documents, the actual owner cannot dispose of the residential premises.

In addition, real estate refers to property that is subject to mandatory registration in the prescribed manner. Data on the change of owner must be entered into the Unified State Register.

If there are no documents for out-of-court registration, you must go to court. Let's look at how to file a claim.

Reasons for recognizing ownership of part of a residential premises

The law provides for the possibility of recognizing property rights in court if other options for obtaining rights are impossible. Thus, before initiating a claim, a citizen must receive a refusal from the authorized body. The document is drawn up in writing and attached to the statement of claim.

Situations when you can go to court:

upon entering into an inheritance, in case of refusal by the notary;
when privatizing an apartment occupied under a social tenancy agreement;
when dividing residential premises acquired during marriage;
when dividing personal housing of citizens after a divorce;
in the event of the disappearance or death of a citizen before the transaction is properly formalized;
if the developer or seller fails to fulfill obligations under the sales contract;
in good faith possession of an ownerless apartment for 15 years or more.

Sample statement of claim for recognition of ownership of a share in an apartment

The application must include the following information:

name and address of the judicial authority;
Full name, residential address, passport details, telephone number and email address of the applicant;
data of the authorized person;
Full name, residential address, telephone number of the defendant;
third parties;
name of the application;
the circumstances that led to the application to court;
procedure for pre-trial settlement (if necessary);
arguments in favor of the applicant;
reference to law;
claims of the initiator of the process;
list of documents attached to the claim;
date and signature.

Important! The district guardianship department is indicated as third parties (if the process is in the interests of minor children), a notary (if the process is in relation to inherited property).

The right to sign the claim is vested in the applicant and his representative (if there is a notarized power of attorney).
Sample statement of claim for recognition of ownership of a share in an apartment

The types of claims differ depending on the basis for filing a lawsuit. Therefore, to prepare a competent application, it is advisable to seek legal advice.

As practice shows, the vast majority of refusals to satisfy the plaintiff’s claims arise due to improper preparation of the claim or poor preparation of the evidence base.

Procedure

Algorithm of actions to initiate a trial:

Prepare an evidence base.
File a claim.
Pay the fee.
Send documents to court.
Attend court proceedings.
Get a court decision.
Conduct state registration of rights in Rosreestr.

Important! In case of a dispute with a legal entity or government body (for example, a notary office), you must first obtain a written refusal. The absence of such a document is the reason for returning the statement of claim.

Preparation of the evidence base

The Code of Civil Procedure of the Russian Federation provides for the attachment of general and individual documents to the statement of claim. Common ones include:

copies of the claim;
civil passport of the initiator of the process;
notarized power of attorney and civil passport of the representative of the initiator of the process;
receipt of payment of the fee (if the plaintiff is not exempt from payment).

Individual documents include evidence that supports the plaintiff's position on a specific issue.

Documentation for the claim

No. Grounds for initiating the process Documents

1	Inheritance	• refusal of the notary; • title documents for the apartment in the name of the testator; • extract from the Unified State Register of Real Estate; • evidence of actual inheritance; • evidence of the testator's rights to the apartment.
2	Allocation of the spousal share in the event of the death of a spouse	• marriage document; • divorce document (if available); • title documents; • extract from the Unified State Register of Real Estate; • marriage contract (if any); • agreement on the allocation of shares (if any).
3	Allocation of the spouse's share when improving the spouse's personal apartment	• documents for the apartment; • extract from the Unified State Register of Real Estate; • evidence of personal funds contributed for repairs or reconstruction; • evidence of improvement of the object by the personal labor of the spouse.
4	Fair use of the property for 15 years or more	• documents – grounds of residence; • proof of payment of bills; • registration information; • witness statements about long-term occupancy and use of the property.
5	Failure to fulfill obligations of the seller and developer	• contract of sale; • agreement of a participant in shared construction; • evidence of actions aimed at evading the execution of the contract.

Claimant's costs

When sending a statement of claim to the court, you must pay a fee. Recognition of property rights refers to non-property claims. Therefore, in 2023 it is necessary to pay 300 rubles.

At the same time, some categories of citizens are exempt from paying the fee. However, this information must be indicated in the claim, after listing the claims.

Among them:

a claim in defense of a minor or incompetent person;
the initiators of the process are disabled people of groups 1 and 2.

Sending documents to court

The grounds can be divided into 2 categories:

Dispute between individuals or citizens and legal entities. The documentation is sent to the city or district court at the location of the disputed apartment.
Dispute between individuals and government agencies. The application is sent to the arbitration court. A mandatory condition is the provision of a refusal by the state organization to resolve the issue in pre-trial order.

Attending a trial

The issue of establishing ownership of residential premises is quite complex. Therefore, it is advisable to enlist the help of a lawyer in advance. You can immediately contact a qualified specialist directly on the site.

If there is a representative, the plaintiff may not appear at the court hearing on his own. The citizen submits an application to consider the claim in his absence. The interests of the applicant are represented by a trustee.

Obtaining a court decision

If the requirements are satisfied, the citizen must obtain a court decision. The document is issued 5 days after the final court hearing.

However, it is for informational purposes only. The decision becomes valid only 30 days from the date of adoption.

During this period, the defendant has the right to file a challenge to the claim. To do this you need to file an appeal. The document is reviewed within 2 months.

The first decision in such a situation is not empowered. The result will be stated in the decision of the 2nd instance.

Registration of rights

If the applicant’s requirements are satisfied and the decision has entered into legal force, then it is necessary to register the owner’s rights to the residential premises in the prescribed manner. To do this, you need to submit documents, including a court decision, to Rosreestr.

The procedure is carried out on a reimbursable basis. To do this, you must pay a fee of 2000 rubles. (2019).

Documents are submitted:

directly to Rosreestr;
through the MFC;
through the Rosreestr website.

Important! When trying to apply through State Services, please note that the electronic portal redirects to the Rosreestr website.

Processing of documents takes from 7 to 14 days. The result of the appeal is the introduction of changes to the Unified State Register. The applicant receives an extract from the USRN with updated information.

Statement of claim for recognition of ownership of a share in an apartment

Litigation based on a dispute between parties is a problematic situation. In such a situation, the experience of the actors is of great importance.

In case of insufficient preparation, weak evidence base or illiterate drafting of the claim, the applicant will lose his legal right. Therefore, it is advisable to enlist the support of a lawyer in advance.

You can get a basic consultation right now on the website free of charge.

Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Statement of claim for recognition of ownership of an apartment by inheritance (sample)

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On this page you can download a template for a statement of claim for recognition of ownership of an apartment by inheritance, drawn up by our lawyers, taking into account current legislation and established judicial practice.

Statement of claim for recognition of ownership of a share in an apartment

Entry into inheritance

Entry into inheritance is carried out by heirs in two ways:

Its actual acceptance
Submitting an application to a notary

Entering into inheritance through court

In the case where you did not contact a notary and did not receive a certificate of inheritance, you will have to formalize your rights as an owner in court, because The notary accepts applications from heirs only within 6 months from the date of death of the testator.

In order to formalize your rights to an apartment or house after the death of the testator, you will need to file a statement of claim presented below, pay the state fee for filing it with the court, and provide the court with the necessary evidence of your rights in relation to this property.

When filing a claim for recognition of your rights as an heir, take an extract from the Unified State Register of Rights (USR). It will be needed so that the court can see that the disputed property (apartment or house) is indeed still registered in the name of the testator.

Who can act as a plaintiff in this claim?

The plaintiff in this claim can be heirs by law and by will. If you are an heir by law, you will need to prove that you actually accepted the inheritance, i.e. performed certain actions indicating this: took possession of the property, paid for its maintenance or repairs, paid the debts of the testator, etc.

When can you go to court?

If you missed the 6-month deadline for contacting a notary, then the law does not provide for a period for going to court if you actually accepted the inheritance.

The law implies that you go to court only to obtain a document confirming your rights to the disputed property. You can contact us for help in drawing up a claim and representing your interests in court.

We have been providing legal services for over 10 years and have never had any complaints from our clients!

Our contact phone number: 8 (495) 510-70-16.

An experienced lawyer will prepare your claim. Cost 6,500 rubles. Place an order Below is an example of a statement of claim for recognition of ownership of an apartment by inheritance, which will help you protect your housing rights and interests in court.

In ________________________ (name of court and address) Plaintiff: ________________________
(full name and address)
(full name and address)
(full name and address)
State duty: ______ rubles.

Defendant: _________________________________ Third party: ________________________ Price of the claim: ______ rubles;

STATEMENT OF CLAIM for recognition of ownership of an apartment by inheritance
Apartment located at: ___________________________;
Indicate which specific actions you performed from the above.

I, _____________ (indicate full name), am _______ (indicate degree of relationship) in relation to the testator ___________ (indicate full name), who died ___________ (indicate date). I am an heir by law / or by will (specify as appropriate) after the death of the testator. During his lifetime, ______________ (indicate the full name of the testator) owned the property: Until now, the ownership of the above property has been registered in the name of the deceased, i.e. to _________________ (indicate full name). According to an extract from the house register, the testator was registered at the address: ______________ (indicate full name). After the death of the testator, I continued to use the above property. I did not submit an application for acceptance of the inheritance to the notary within the period established by law. Due to the fact that I actually accepted the inheritance, I currently intend to formalize my rights to the inherited property legally. The testator has other first-degree heirs (indicate if you are entering into an inheritance by law and the testator has living parents, children or a spouse. In the head of the claim, indicate them as third parties). The fact of acceptance of the inherited property is confirmed by the fact that I took actions indicating its actual acceptance, in particular, I took possession and management of it, took measures to preserve the inherited property, protect it from encroachment or the attraction of third parties, carried out at my own expense, expenses for the maintenance of the inherited property, paid at his own expense the debts of the testator. Thus, the fact of taking possession can be confirmed by the testimony of witnesses admissible by the Code of Civil Procedure of the Russian Federation as a means of proving the above facts. I have the keys to the apartment, because... I continue to live in it. The fact of payment of utilities and maintenance of the apartment is confirmed by receipts for payment of the relevant services (copies of receipts in the attachment). I also paid membership fees to SNT “Yubileiny”, i.e. property included in the inheritance estate (a copy of the Membership Book with notes on payment of fees in the attachment). I believe that I took actions indicating acceptance of the inheritance actually after the death of the testator _________ (indicate full name), who died ______ year. According to Art. 264 of the Code of Civil Procedure of the Russian Federation, the court establishes the facts on which the emergence, change, or termination of personal or property rights of citizens and organizations depends. The court considers cases to establish: the fact of acceptance of the inheritance and the place of opening of the inheritance. In accordance with Art. 1152 of the Civil Code of the Russian Federation, in order to acquire an inheritance, the heir must accept it. Acceptance by an heir of a part of the inheritance means acceptance of the entire inheritance due to him, no matter what it is and no matter where it is located. According to Art. 1142 of the Civil Code of the Russian Federation, the heirs of the first priority according to the law are the children, spouse and parents of the testator. In accordance with Art. 1112 of the Civil Code of the Russian Federation - the inheritance includes things and other property that belonged to the testator on the day the inheritance was opened, including property rights and obligations. According to Art. 1114 of the Civil Code of the Russian Federation, the composition of the inheritance is determined on the day the inheritance is opened. According to Art. 218 of the Civil Code of the Russian Federation, in the event of the death of a citizen, the right of ownership of property belonging to him is inherited by other persons in accordance with a will or law. In accordance with Art. 1153 of the Civil Code of the Russian Federation, it is recognized, until otherwise proven, that the heir accepted the inheritance if he performed actions indicating the actual acceptance of the inheritance, in particular, took possession or management of the inherited property, took measures to preserve the inherited property, protect it from encroachment or attractions of third parties, incurred at his own expense expenses for the maintenance of the inherited property, paid at his own expense the debts of the testator or received funds due to the testator from third parties. According to paragraph 34 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases,” the heir who accepted the inheritance, regardless of the time and method of its acceptance, is considered the owner of the inherited property, the bearer of property rights and obligations with the day of opening of the inheritance, regardless of the fact of state registration of rights to the inherited property and its moment (if such registration is provided for by law).

Calculation of claims and the amount of state duty:

— According to the technical passport for the apartment, its inventory value (or indicate its market or cadastral value) is ______ rubles. In total, the amount of claims is _________ rubles (specify calculation). The plaintiff also filed a demand to establish a fact of legal significance. Thus, the amount of state duty payable is ________ rubles (i.e. 000000 + 00000) rubles. I believe that my demands set out in the statement of claim are based on the law. Based on the above, guided by Art. Art. 12 Civil Code of the Russian Federation, art. art. 22, 131-132 Code of Civil Procedure of the Russian Federation,

I ASK THE COURT:

Establish the legal fact of acceptance of the inheritance by the plaintiff ______ (indicate your full name), _______year of birth (indicate your date of birth), after the death of ____________ (indicate the full name of the testator), deceased __________ year;
Recognize for the plaintiff ______ (indicate your full name), the ownership of the apartment located at the address: _____________, in the order of inheritance after the death of ____________ (indicate the full name of the testator), who died on __________;

Application:

1. A copy of the statement of claim for the parties to the case, the court and third parties; 2. Receipt of payment of state duty; 3. A copy of the death certificate of the testator; 4. A copy of the marriage certificate; 5. A copy of the will (if there is one); 6. Copy of birth certificate; 8. A copy of the certificate of ownership of the apartment; 9. A copy of the certificate of ownership of the house; 10. A copy of the extract from the Unified State Register for the disputed property; 11. A copy of the technical passport for the apartment; 12. Copy of an extract from the house register; 13. A copy of the receipt for payment of utilities and maintenance of the apartment; 14. Copies of other documents confirming the circumstances stated in the claim; Date of application “____”____________ 20____

Plaintiff's signature ____________

We will be glad to see you in our office located at the address: Moscow, Shchelkovskoe highway, 77, building 1, office 111. To make an appointment, call: 8 (495) 510-7016. Opening hours: Mon-Fri: from 10:00 to 19:00, Sat: from 11:00 to 15:00, Sun: closed.

Statement of claim for recognition of ownership of a share in an apartment

Statement of claim for recognition of ownership of a share in an apartment. The decision of the district court recognized the plaintiff's right of ownership to a share of the apartment.

The plaintiff's ex-husband also has the right of ownership to a share in the said apartment. However, the ex-husband does not live in the indicated living area and his whereabouts are still unknown.

The plaintiff asks to recognize her ownership of a share of the apartment.

In ___________ district court of _____________________________________________________
plaintiff: ________________________________________________________________________
defendant: Department of State and Municipal Property of __________
_____________________________________

State duty: based on Part 1 of Art. 333.19 of the Tax Code of the Russian Federation is ____ rubles

Statement of claim for recognition of ownership of a ½ share of an apartment By the decision of the _____________ district court of the city ________ dated _________, I, ___________, was recognized as having ownership of a ½ share of apartment No. ___, located at the address: _____________________________My ex-husband, _______________, was also recognized as having ownership of ½ share in the said apartment.

However, _____________ has not lived in the specified living space for more than __ years and to this day his whereabouts are unknown. These circumstances are confirmed by a certificate issued by the Department of Internal Affairs for the district “_____________” of the Internal Affairs Directorate for the Southern Administrative District of __________. Initially, I own all the premises in the apartment.

The right of ownership by virtue of acquisitive prescription can be acquired both for ownerless property and for property owned by another person. Until now, the title owner of the ½ share of the apartment ______________ has not carried out any actions related to the ownership, use and disposal of the specified share in property rights.

In accordance with Art. 218 of the Civil Code of the Russian Federation, the right of ownership to a new thing manufactured or created by a person for himself in compliance with the law and other legal acts is acquired by this person. The right of ownership to fruits, products, income received as a result of the use of property is acquired on the grounds provided for in Article 136 of this Code.

The right of ownership to property that has an owner can be acquired by another person on the basis of a contract of sale, exchange, donation or other transaction for the alienation of this property. In the event of the death of a citizen, the ownership of his property is inherited by other persons in accordance with a will or law.

In cases and in the manner provided for by this Code, a person may acquire ownership rights to property that does not have an owner, to property whose owner is unknown, or to property that the owner has abandoned or to which he has lost ownership on other grounds provided by law. . According to Art.

234 of the Civil Code of the Russian Federation, a person - a citizen or a legal entity - who is not the owner of property, but who in good faith, openly and continuously owns either his own real estate for fifteen years or other property for five years, acquires the right of ownership of this property (acquisitive prescription ).

The right of ownership to real estate and other property subject to state registration arises in the person who acquired this property by virtue of acquisitive prescription from the moment of such registration.

Before the acquisition of ownership rights to property by virtue of acquisitive prescription, a person who owns the property as his own has the right to protect his possession against third parties who are not the owners of the property, as well as those who do not have the right to own it due to other grounds provided by law or contract.

A person referring to the prescription of possession may add to the time of his possession the entire time during which this property was owned by the one whose legal successor this person is. The fact of long and continuous possession is established in accordance with paragraph 3 of Art.

11 of the Federal Law “On the entry into force of part one of the Civil Code of the Russian Federation”, according to which, “the effect of Article 234 of the Civil Code of the Russian Federation (acquisitive prescription) also applies to cases where ownership of property began before January 1, 1995 and continues at the time of entry into force of part one Code".

I am not the owner of ½ share in the ownership of the said apartment, but I have bona fide, openly and continuously owned it as my own real estate for more than __ years. The fact of bona fide possession presupposes that the plaintiff did not know and should not have known about the illegality of possession.

Conscientious ownership is confirmed by the grounds for acquiring a share in the ownership of the apartment at the address: _____________________ Over __ years of personal ownership of the apartment, no third party has claimed property from my possession, including neither the possible owners nor their possible successors. Therefore, the basis for ownership of the apartment follows considered in good faith. The fact of open ownership is confirmed by the fact that I did not hide the fact of owning and living in the specified apartment, I store my property in it, use it for other personal purposes and, in addition, I pay utility bills in good faith and on time. Thus, I believe that that she acquired ownership of a ½ share in the ownership of an apartment located at the address: ______________________________ by virtue of acquisitive prescription.

Based on the above, guided by Art. Art. 218, 234 Civil Code of the Russian Federation, -

I ASK THE COURT:
1. Recognize for me, __________________________, ownership of a ½ share of apartment No. ___, located at: __________________

Attachments: 1. copies of the statement of claim 2. receipt for payment of state duty 3. copies of certificates of state registration of rights 4. copy of the court decision 5. copy of the certificate 6. copy of the application

_______________
" " _______________ of the year

Statement of claim for ownership of an apartment

A sample statement of claim for ownership of an apartment, taking into account recent changes in legislation.

The right of ownership of real estate arises in cases provided for by law.

Apartments are acquired as property as a result of privatization of property, as a result of payment of a share in a housing construction cooperative, as a result of the transfer of an apartment under an agreement for shared participation in housing construction, by inheritance, as a result of various transactions, including purchase and sale, donation, exchange .

Ownership of an apartment must be registered in the Unified State Register of Rights to Real Estate and Transactions with It. To confirm ownership of an apartment, a citizen must have an agreement or other document establishing ownership and a certificate of state registration of rights issued by the state registration authority.

If there are no documents confirming the basis for the emergence of the right, the only way out is to go to court with a statement of claim for recognition of ownership of the apartment.

The court's decision in such a case will be a document confirming the plaintiff's ownership rights.

If the rights to the apartment arose as a result of a transaction, and the seller avoids contacting the state registration service in the prescribed manner, a statement of claim must be filed with the court to register the transfer of ownership.

The cost of a claim to recognize ownership of an apartment is determined by its value. The cost of an apartment is determined by an inventory assessment carried out by the technical inventory bureau.

Almost all claims for recognition of ownership of an apartment are considered by district (city) courts, since apartments costing less than 50,000 rubles are practically never found. A statement of claim for recognition of ownership of an apartment is filed with the court at its location, according to the rules of exclusive jurisdiction.

In __________________________ (name of the court) Plaintiff: ______________________ (full name, address) Defendant: ____________________ (full name, address)

Cost of claim: ___________________

(price of the apartment)

Statement of claim for ownership of an apartment

As a result of _________ (give the reasons for the applicant’s acquisition of the apartment into his property), I acquired ownership of the apartment, which is located at the address: _________ (give the full address of the apartment) from _________ (full name of the defendant).
The defendant’s ownership of the apartment is confirmed by _________ (indicate details of the documents that confirm the defendant’s rights to the apartment).
It is impossible to resolve the issue of establishing ownership of an apartment out of court _________ (give reasons that prevent the plaintiff from establishing ownership of an apartment by registering ownership with the registration authority).

No one else is claiming the apartment that belongs to me, since “___” _________ ____ I own it as the owner, pay utility bills and for the maintenance of housing, carry out routine repairs of the residential premises at my own expense, and fully bear the burden of maintaining the disputed apartment.

Based on the above, guided by Article 218 of the Civil Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Ask:

Recognize ownership of the apartment, which is located at the address: _________ (indicate the full address of the apartment) for _________ (full name of the plaintiff).

List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the statement of claim
Document confirming payment of state duty
Documents confirming the plaintiff’s purchase of the apartment as property
Documents confirming the fact of ownership of the apartment as your own, payment of the relevant fees
A copy of the BTI technical passport for the apartment
Other evidence confirming the grounds for the claim for recognition of ownership of the apartment

Date of application “___”_________ ____ Signature of the plaintiff _______
Download a sample application:
Statement of claim for ownership of an apartment

Court decision on recognition of property as common shared property, recognition of ownership of a share in an apartment, division of funds, collection of monetary compensation No. 2-4223/2017 ~ M-3382/2017

DECISION IN ABSENTIA
IN THE NAME OF THE RUSSIAN FEDERATION
September 01, 2017 Address

Oktyabrsky District Court Address composed of: presiding judge Rafikova I.N., with secretary Orlova E.D., having considered in open court civil case No. on the claim of Usoltsev I.V. to FULL NAME2 on recognition of property as common shared property, recognition of ownership of a share in an apartment, division of funds, collection of monetary compensation,

INSTALLED:

In support of the claim, taking into account clarifications, it is indicated that Usoltsev I.V. cohabited with FULL NAME2 since January 2004. Since February 2004, they began to live together with her mother at the address: Address, st. Address apt.

They lived at this address for about six months, from June 2004 they began to cohabit at the place of residence of the plaintiff’s parents at the address: Address, they lived for three years. Date the daughter was born. Full name5 (birth certificate I-ST No. dated March 16, 2006). A foster nurse visited the child at the plaintiff’s parents’ address.

In 2007, the defendant’s grandmother provided us with an apartment to live at: Address, microdistrict. Winged, Address. While living together, we purchased with common funds: an apartment at: Address; vehicle SKODA YETI registration plate no.; funds in the defendant's account No. JSC "ALFA - BANK".

The plaintiff made payments for the Address on June 177,000 rubles, on June 20 in the amount of 150,000 rubles, on July 24 in the amount of 150,000 rubles, on August 16 in the amount of 122,800 rubles.

Living together at the time of acquiring property and running a common household met all the characteristics of a family - they ran a common household, supported each other financially, mutually cared for each other, acquired property for joint living and use, and maintained other relationships characteristic of spouses. Date between Usoltsev I.V.

and Full Name2 by the department of the Civil Registry Office Service. The address was registered as a marriage, registration no. By the decision of the Magistrate of the court district No. Address, the marriage between the plaintiff and the defendant was dissolved.

Date in PJSC Sberbank of Russia, FULL NAME2, accounts were opened (currency and gold), on which total funds were placed for a total amount of 2,147,155.08 rubles, namely: on account No. = 216 UAH. (Ob.met.account gold) Central Bank of the Russian Federation Registration price for refined precious metals gold = 2,363.34 rubles * 216 grams = 510,481.44 rubles. Date a foreign currency account No. was opened in the amount of $26,925 Rate of the Central Bank of the Russian Federation on Date =60.625*26925=1,632,193.5 rubles. Total amount in rubles = 1,632,193.5 rubles + 510,481.44 rubles = 2,142,674.94 rubles. The above funds are jointly acquired property of the plaintiff and defendant.