Determining the procedure for using an apartment in shared ownership in 2023

Some legal transactions lead to the splitting of an apartment into shares belonging to different owners.

The division of joint property during a divorce, privatization, or receiving part of the property through a gift or inheritance - all lead to the formation of shared ownership.

The procedure for using an apartment in shared or joint ownership is determined by law; violation of legal norms leads to administrative punishment.

Legal side of the issue

The procedure for using an apartment is regulated by the Civil Code of the Russian Federation. Controversial issues regarding the use of an apartment are resolved in court if the participants cannot agree pre-trial. Owners of shared ownership have the following rights:

• apply to the court with a claim to determine the procedure for using living space, Article 247 of the Civil Code of the Russian Federation;
• the determination of rooms for the residence of shared owners can also be done in court, Article 252 of the Civil Code of the Russian Federation;
• The procedure for paying for utilities and maintaining shared ownership is reflected in Art. 249 Civil Code of the Russian Federation;
• if it is impossible to allocate a share in kind (in a one-room apartment or room), then the court may provide a decision on the rules for joint use of real estate.

You should understand the difference between the concepts of “share in right” and “share in kind”. The natural part is determined in court if the property owners do not reach an agreement.

It is not always possible to determine the rules for shared use, although the citizen has a certificate of ownership.

For example, it is impossible to allocate 2/3 of a one-room apartment, but it is realistic to do this in a three-room living space.

Judicial consideration of the dispute

The Civil Code of the Russian Federation and the Housing Code do not contain specific instructions on how to divide shared property between citizens. The judge in each specific case is guided by the principles of equal protection of the plaintiff and defendant, as well as interested parties. If the rights of minors are affected, the court may deviate from equality of interests in their favor. To date, a certain judicial practice has been adopted, which takes into account:

• whether actual residence has developed at the time of application and how long citizens have been occupying the area;
• to what extent the disputed premises are needed by the parties and on what grounds;
• whether the parties have alternative housing that is suitable for habitation;
• Will the opponents be able to live in a shared apartment or will the situation escalate into crime?

The main argument accepted by justice for consideration is the presence of children of a divorced couple. Despite the postulate about equality of marital shares in jointly acquired property, the children and the parent with whom they live will be allocated the best option.

When determining the necessary requirements, all feasible options are considered. The most difficult moments are:

• the existing shares and the layout of the apartment do not allow for equal division;
• ownership rights belong to several persons, and the apartment has an extremely limited area;
• the plaintiff was unable to substantiate his claim that he was being prevented from living in shared ownership.

Cases regarding the use of an apartment fall under the jurisdiction of magistrates' courts, Article 23 of the Code of Civil Procedure of the Russian Federation, the state duty for citizens is 300 rubles.

How to write a statement of claim

The outcome of the process largely depends on the quality and validity of the claim, which is why it is so important to draft the appeal correctly. The application can be written in free form or on a standard form, but must contain the following information:

• name of the court, address;
• personal data of the plaintiff and defendant;
• information about the apartment, technical and legal data on shared ownership;
• a brief description of the situation with factual justification; information cannot be provided without confirmation;
• the plaintiff’s demand with reference to legal standards, for example, Article 30 of the RF Housing Code;
• applications on the issue.

The plaintiff may ask for the allocation or division of shared property, determination of the legal order of residence. All related issues regarding property will be considered in a single process.

How use issues are resolved

If the claim is accepted for consideration, the parties must carefully prepare for the hearings. You should understand what questions about the apartment and use of living space will be asked, and prepare arguments and evidence. The allocation of a share and the establishment of rules for using a shared apartment occurs when there are difficulties in living together. Previously, the property had the status of a joint apartment; after a judicial review, it will be determined how much each resident is owed. After the trial, you can obtain separate extracts from Rosreestr indicating the specific part of the apartment.

The section implies that the shares were previously allocated, but citizens have conflicts regarding the use of real estate. Justice helps resolve the dispute, taking into account the characteristics of the apartment and the property claims of the parties to the process.

For example, in the case of a private house, there are much more opportunities to share a home in kind. In most situations, the use of the house becomes autonomous, since a separate entrance is equipped and a plot of land is divided.

The postal address is also adjusted, resulting in several apartments: 1, 2, etc.

If it is impossible to allocate the natural part for autonomous living, the court may make various decisions.

1. Pay the amount corresponding to the possession to one party. As a rule, this citizen owns other real estate and owns a small share of the apartment. The terms and amount of compensation are established according to an independent assessment of the property. They cannot force people to accept this option, but quite often this is the only real way out of the impasse.
2. If the definition affected rooms of unequal area, then residents will be advised to pay the monetary equivalent among themselves and equalize the quantitative and actual use of the apartment.
3. A possible solution would be to purchase a dwelling equal in shared use to the property in question, but in a different apartment. Consent will allow people to leave without conflict.
4. Participants can receive a decision determining the temporary use of the apartment. For example, a one-room living space is distributed according to the length of residence in accordance with the share sizes of the owners.

If use without conflict is impossible, then the court makes a decision on the sale of the entire apartment and division of the proceeds. The rules for using common spaces in the apartment and the procedure for making utility payments are established in a court order. Visits to the kitchen, bathroom and corridor are considered equal for all residents. Payment is made by agreement or in accordance with the available share. It is forbidden to interfere with movement or violate the rules of the hostel. Violation will result in administrative liability and punishment in the form of a fine.

Unfortunately, the parties rarely take such steps, trying to retain the right of sole use.

This year, the government is considering a bill to abolish microshares, establishing a minimum area for the possibility of living. Small property may arise, for example, during inheritance.

A completely legal basis leads to the impossibility of determining common residence. Only offset or sale of the property will help satisfy the requirements of all heirs.

How to sell your share

Being the legal owner, the owners of part of the real estate can dispose of it at their own discretion. However, there are certain restrictions for shared owners, namely:

• it is necessary to offer your space to residents. This is done in writing, by telegram or letter with notification. The real price of the lot is set at which the property will be sold after the foreclosure is rejected;
• 30 days are provided for consideration, after which the property is put up for public auction. If one of the shareholders does not sign the waiver, then permission is obtained through a lawsuit. The transfer of rights to the buyer is carried out according to the standard scheme: after signing, the agreement is registered in Rosreestr.

It will not be possible to sell the problematic part of the apartment at the market price per square meter in the area, since there are serious encumbrances in the form of conflicts with other citizens. Determining the rules of use helps reduce the intensity of mutual claims, but most often you have to go to other apartments.

The use of the allocated share is sometimes replaced by the provision of rent to the owner to live at a different address.

This procedure is permitted by law; the calculation is made based on the average market rate for accommodation in a similar facility.

Determining the amount will require an independent expert assessment if agreement is not possible. Subsequent monthly payments may also be determined during a legal dispute.

The owner of the share has the right to appeal the court’s ruling on living in a joint apartment. An appeal is filed to a higher authority before the initial decision comes into force.

If the dispute concerns material issues, for example, compensation, then the consideration is transferred to the district (city) court. The plaintiff, defendant and all persons whose interests were affected by the process can express their disagreement.

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Your right: Determination of the procedure for using residential premises

Determining the procedure for using residential premises
We continue to publish answers to the most common questions related to the life of Crimea in the Russian legal field. Today we will talk about determining the procedure for using residential premises. Your legal advisor is Artyom Shabanov.

Two main ways

Various types of disputes often arise between owners of residential premises.
In particular, disagreements arise when owners cannot peacefully resolve the issue of using an apartment or house that is in common shared ownership.
The issue may get worse if the procedure for using the apartment has already been established, but such a procedure violates the rights of one of the co-owners, whose share in the ownership right exceeds the actual occupied area, or when not all rooms in the apartment are isolated, accordingly, none of the owners wants to occupy a passage room , in connection with which a dispute arises. The co-owners agree on the procedure for use among themselves, usually verbally. In accordance with Art.
247 of the Civil Code of the Russian Federation, if agreement is not reached, owners can go to court. Determining the procedure for using residential premises, using an apartment as an example, is possible in two ways:
.
by concluding an agreement to determine the procedure for use; .
if the consent of the co-owners is not reached - in court. The first method assumes that all co-owners have agreed among themselves how they will use and own the apartment, who will be allocated which room to live in, and everyone is happy with everything.
If the apartment actually has some kind of procedure for using the rooms and the co-owners have no complaints against each other, this already indicates that there is an oral agreement between them on the procedure for using the housing, which suits everyone. Co-owners who wish to consolidate the existing procedure for using housing can do this by concluding a written agreement. Each of the co-owners must sign such an agreement. It clearly states which premises are used by each of the co-owners, and indicates the footage and other characteristics of the rooms. An agreement drawn up in simple written form is quite sufficient, but if desired, it can be notarized. In any case, if one of the owners ignores such an agreement, the dispute must be referred to the court for resolution. The procedure for using housing is determined by the court, provided that reaching a peaceful agreement between the participants in shared ownership is impossible.
You can also apply to the court with a request to determine the procedure for using property, if it is impossible to divide the common property or allocate a share in kind from it, in particular, to equip a separate entrance, bathroom, kitchen, etc., and there is no agreement with other owners on procedure for using common property.
In this regard, the owner, who intends to defend his rights in court, is recommended to invite all neighbors in writing to conclude a peaceful agreement on the procedure for using the apartment before going to court.
Such letters can be sent by mail (registered mail with a list of attachments) or handed to everyone against signature. This will make it possible to avoid going to court, and in the event of a dispute, you will be able to refer to such a proposal as evidence of the impossibility of determining the procedure for using the housing yourself.

If it comes to court...

If the co-owners have responded to your proposal, it is necessary to conclude a written agreement to determine the procedure for using the residential premises, in which to record the agreements reached, in particular, which rooms in the residential premises are provided for the exclusive use of each of the co-owners, which premises are in common use.
According to Article 247 of the Civil Code of the Russian Federation, when determining the procedure for using common property, it is necessary to take into account that a participant in shared ownership has the right to be provided for his possession and use of a part of the common property commensurate with his share, and if this is not possible, he has the right to demand from other participants who own and use property attributable to his share, appropriate compensation.
If it was not possible to reach an agreement with the co-owners, to determine the procedure for using the residential premises, you should apply to the court with a statement of claim.
A statement of claim to determine the procedure for using residential premises is submitted to the magistrate or to the district court at the location of this property.
If you have only stated a requirement to determine the procedure for using residential premises, then the case is within the jurisdiction of the magistrate.
If, in addition, you make other demands of a non-property nature, for example, about moving into a residential premises, about not causing obstacles to its use, about determining the procedure for incurring expenses on common property, then the case is subject to consideration in the district court.
If you have any questions for our lawyer, you can ask them and receive a qualified answer. Pre-registration by phone +7 978 808-84-98.

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Determining the procedure for using an apartment in shared ownership

Most often, determining the procedure for using an apartment is required when spouses remain living in the apartment after a divorce. Or when one apartment is inherited by several people who do not get along well with each other.

From this article you will learn how to justify your claims, why the court may refuse to satisfy the claim, and what the court takes into account when determining the procedure for using an apartment in shared ownership.

The legal side of the issue of determining the procedure for using an apartment

The Civil Code of the Russian Federation approves the following points on this issue:

• the owner of a share of the apartment has the right to go to court so that the court determines the procedure for using the apartment (parts 1 and 2 of Article 247 of the Civil Code of the Russian Federation);
• if the owners of the apartment do not agree on who uses which room, you can go to court with this issue (Part 3 of Article 252 of the Civil Code of the Russian Federation);
• even if it is impossible to allocate a share from the common property (a one-room apartment, and there are two owners, for example), then the owner of the share can still go to court with a claim to determine the procedure for using the apartment (clause 37 of the Resolution of the Plenum of the Armed Forces of the Russian Federation “On some issues related to application of Part 1 of the Civil Code of the Russian Federation").

What does the court consider when resolving a case?

Neither the Civil Code nor the Housing Code has clear instructions on how to resolve such cases. Of course, over the years, judicial practice has developed, and the Resolution of the Plenum of the RF Armed Forces brings some clarity. But still, when determining the procedure for using an apartment in shared ownership, judges often proceed from their own understanding of the laws, which each judge may have his own.

So, the court takes into account:

• whether the actual procedure for using the apartment has developed (for example, the ex-wife lives in one room, the ex-husband in another);
• how much each of the parties in the case really needs the disputed residential premises.

Example from practice: The couple divorced, the husband remained to live in the apartment, and soon he had another family.

But the ex-wife tried to get one room for use, arguing that it was due to the needs of the child. At the same time, it turned out in court that both she and the child have a place to live.

The court came to the conclusion that the woman simply wants to ruin her ex-husband’s life by sometimes coming to the apartment. The court rejected the claim.

• is it possible that the parties will live in an apartment or they can’t stand each other so much that there is no talk of any kind of living together;
• Do the parties have other housing, how important is this share in the apartment to them? Maybe some people have nothing else, while others have another apartment they own.

It is important to know: it is impossible to foresee everything. Each case is unique, including yours. This article describes general cases of determining the procedure for using an apartment in shared ownership.

So that we can say something more specific, take advantage of the right to a free consultation - this does not oblige you to anything, but at the same time you will know the prospects for the development of the situation and what you should do next.

Judicial practice: why do courts refuse to satisfy a claim?

We have already discussed one case of failure above. Let us now look at other grounds for refusing to determine the procedure for using an apartment in shared ownership.

• The layout of the apartment does not allow the rooms to be divided according to shares: a three-room apartment (rooms 18 m2, 17 m2 and 15 m2) in shared ownership of the ex-husband (½ apartment) and wife (½ apartment). Total area - 50 m2. That is, each spouse is entitled to 25 m2. But the area of ​​the rooms is such that it is impossible to divide these rooms so that the spouses get 25 m2 each. The area of ​​the two smaller rooms is 32 m2 in total, while the third room is 18 m2. In such a situation, the court will most likely refuse to satisfy the claim.
• There are many owners, but the apartment is small: for example, 3 people inherited a one-room apartment. In this situation, it is unrealistic to allocate premises for each owner to use. Judicial practice throughout the country comes down to this. And even if there are 2 owners, and not 3, then it will not be possible to determine the order of use of the apartment.
• The plaintiff did not prove that he was being interfered with in using the apartment: going to court is always associated with a conflict. When the applicant goes to court with a claim to determine the order of use of the apartment, he must prove that other residents are preventing him from using his share in the apartment. If he has not proven this, then it turns out that the court does not need to determine the procedure for using the apartment.

This is also evidenced by Part 1 of Article 247 of the Civil Code of the Russian Federation, which states that the court intervenes in the affairs of apartment residents only if they were unable to reach an agreement among themselves.

How to write a statement of claim to determine the procedure for using an apartment

Such a claim is submitted to a magistrate (clause 7 of part 1 of article 23 of the Code of Civil Procedure of the Russian Federation). The state duty is 300 rubles (Article 333.19 of the Tax Code of the Russian Federation).

The claim must indicate:

• the name of the court district where it is filed;
• Full names of the parties (the plaintiff is the one who files the claim; the defendants will be other residents of the apartment who interfere with the use of the apartment);
• the reasons why the claim is being filed;
• in addition, you need to describe the housing itself, you should indicate: its address, area, number of rooms, access to them, how the residents now use the rooms, how they prevent the plaintiff from using its area.
• as well as a request to the judge: to determine the procedure for using residential premises on your terms. Your request must be supported by references to regulatory legal acts (Articles 247, 252 of the Civil Code of the Russian Federation, Article 30 of the Housing Code of the Russian Federation, others).

That's not all. The claim for determining the procedure for using the apartment must be accompanied by documents that confirm the veracity of your words. Most likely it will be:

• documents confirming your ownership (certificate of ownership, extract from the Unified State Register of Real Estate, purchase and sale agreement, possibly other documents);
• certificate from the BTI;
• information about family members;
• receipt of payment of state duty.

It is important to know: a correctly drafted and reasoned claim to determine the procedure for using an apartment in shared ownership is half the case won. You can find samples on the Internet, but only an experienced and competent lawyer can write a claim so that there are no “loopholes” for opponents. At a free consultation, you can ask questions about what is best to write in the claim.

Why you will need an experienced lawyer

In some cases on determining the procedure for using an apartment in shared ownership, judicial practice is unambiguous and understandable. But basically it is contradictory, and much depends on the evidence base. Our lawyers will analyze your situation and tell you whether there are many chances for success.

You will need evidence that you are not allowed to use part of the apartment. The lawyer will tell you how to collect this evidence and present it to the court - this is extremely important in such cases.

You will feel calmer and more confident when an experienced lawyer is on your side, who has already won cases like yours in court more than once. In addition, the lawyer can completely take over the entire case, and you won’t even need to come to court.

• free legal advice on determining the procedure for using an apartment in shared ownership;
• studying the case materials, elaborating the legal position, determining the judicial perspective;
• collecting evidence, requesting documents necessary for the case;
• writing a statement of claim and filing it in court;
• representation of your interests in court.

Before solving the problem of determining the procedure for using an apartment, it is better to get advice from an experienced lawyer, for whom your case is far from the first in his practice. Consultations are free and do not obligate you to anything. You will be able to ask the questions that interest you and receive clear and accurate answers taking into account judicial practice.

To schedule a consultation, just call or leave a message in the form below. After the consultation, you will be able to decide whether you need to use our paid services or whether you will decide the issue yourself. In any case, the consultation does not oblige you to anything and at the same time saves you a lot of time.

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Andrey Obukhov, Moscow

Roman Anisimov, Balashikha

Gentlemen, lawyers, thank you very much! They saved me from the pleasure of communicating with my wife, with whom I lived for 12 years - I don’t need any more communication with her. The essence of the matter is that it was necessary to determine the procedure for using the apartment that we had left from the marriage. The court is in my favor, BZ is deprived of the right to use her part because she has another apartment. Thank you!

Denis Veksler, Zheleznodorozhny

After my aunt's death, my sister and I got a one-room apartment. We never intended to live in the same apartment, and she and I are family people. Moreover, there has never been a good relationship between us.

I was ready to give my sister compensation if she did not use the apartment, but she charged such an amount that I decided to go to court. Lawyers from Yurist-Expert24 helped.

Now I use the apartment alone.

Varvara Vikhrova, Moscow

I wanted to say thank you for the advice on determining the procedure for using the apartment. I doubted that it was worth going to court, because I didn’t know how to win, and I didn’t want to lose. But the lawyers told me everything during the consultation, and now I know how to litigate correctly.

Tamara Efremova, Moscow

I had a big problem - I didn’t know how to share an apartment with those people with whom fate brought me together. After consulting with Lawyer-Expert24, the problem was not resolved, but they kept me from going to court. The apartment is two-room, and there are three of us, the owners. Lawyers said that the court would not be able to determine the procedure for using the apartment. I’ll keep thinking, maybe we can somehow come to an agreement.

Ilya Pakhomov, Dolgoprudny

There are 3 people living in the apartment besides me, a communal apartment. I don’t even know who all these people are, why they live in the apartment. The property is shared, I have ¼. The question arose about determining the procedure for using the apartment, I went to lawyers, because I myself don’t know anything about this. We consulted and some things became clearer.

Savva Stolyarov, Reutov

Due to problems with my ex-wife, I needed legal services to determine the procedure for using an apartment that was in shared ownership. Lawyers from the company Yurist-Expert24 did everything without my participation. I paid for the service, issued the documents that were needed, signed a power of attorney and received a court decision in my favor. All. Very grateful.

Victor Korotchenko, Moscow

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Determination of the procedure for using residential premises 2023

• Content:
• The procedure for using residential premises How to determine the procedure for using an apartment Agreement on the procedure for using residential premises Determining the procedure for using residential premises in court What is taken into account by the court when making a decision on determining the procedure for using an apartment The procedure for filing a claim in court
• Various types of disputes often arise between owners of residential premises.

In particular, disagreements arise when owners cannot peacefully resolve the issue of using an apartment that is in common shared ownership. The issue may get worse if the procedure for using the apartment has already been established, but such a procedure violates the rights of one of the co-owners, whose share in the ownership right exceeds the actual occupied area, or when not all rooms in the apartment are isolated, accordingly, none of the owners wants to occupy a passage room , in connection with which a dispute arises.

If the owners’ shares are equal, but the size of the rooms is significantly different, then a dispute between the owners is ensured, since each of them wants to occupy a room with a larger footage, however, the rights of other owners may be violated by the allocation of smaller rooms for their use.

There are often situations when one of the co-owners does not actually live in the apartment. In such cases, the resident owner has a priority right to allocate for his use that part of the premises that he occupies, even if this room or rooms have more attractive characteristics relative to other rooms in the apartment.

Lawyer (advocate) to determine the procedure for use. Tel.+7 (812) 989-47-47 Telephone consultation

If disputes of this kind arise and it is impossible to reach an agreement on the procedure for using the apartment, only the court can resolve the disagreements that have arisen, and the owners of residential premises require legal assistance .

The trial in this category of cases requires careful preparation. To develop the correct legal tactics, the situation must be analyzed by a qualified practitioner in housing disputes, and the established judicial practice in such cases must be taken into account.

As practice shows, citizens who try to litigate on their own, relying on their own strength, after going to court, understand how difficult it is to conduct a case and defend their rights in court, and ultimately seek legal assistance.

The legal process may drag on due to various types of actions of the responding party, for example, the defendant may receive counterclaims, an objection to the claim, or a number of evidence in support of the objections. an experienced lawyer is on his side , then it is very difficult to cope with this on your own, and the likelihood of losing in court increases greatly.

1. The help of a qualified lawyer in resolving a housing dispute is objectively necessary, and this help is very justified, because your housing rights and peace of mind are at stake.
2. Our Center employs successful lawyers in housing disputes who will help you defend your rights in court .
3. Legal consultations are provided only by professional lawyers with impressive practical experience in resolving housing disputes of any complexity.
4. Before you go to court yourself, obtain detailed legal advice on your situation.
5. Our company's lawyers have prepared this article.
6. In it you will find information that will help you if a dispute arises with neighbors regarding the procedure for using residential premises.

Procedure for using residential premises

The procedure for using residential premises is the rules that are agreed upon between the participants in shared ownership when owning and using common property.

If a certain order of use has developed in an apartment over time (several months, years), then this is called the established order of use of the residential premises.

The procedure for use assumes that each of the co-owners occupies a certain room or rooms, in proportion to their shares of property. Also, co-owners can determine among themselves the procedure for using common areas , if we are talking about a communal apartment.

Residents of a non-privatized apartment, of course, can agree among themselves and establish rules for using the apartment.

there can be no question of allocating a separate room for the use of residents , even if those living in the apartment have disagreements on this matter.

Determining the procedure for using an apartment provided under a social tenancy agreement is not provided for by current legislation.

Legal assistance on housing issues. We will determine the order of use in the apartment. Tel.+7 (812) 989-47-47 Telephone consultation

How to determine the procedure for using an apartment

Determining the procedure for using residential premises, which is an apartment, is possible in two ways:

• By concluding an agreement to determine the procedure for use
• If the consent of the co-owners is not reached - in court

The first method assumes that all co-owners have agreed among themselves how they will use and own the apartment, who will be assigned which room to live in, and everyone is happy with everything.

The procedure for using housing is determined by the court, provided that reaching a peaceful agreement between the participants in shared ownership is impossible.

In this regard, the owner, who intends to defend his rights in court, is recommended to invite all neighbors in writing to conclude a peaceful agreement on the procedure for using the apartment before going to court . Such letters can be sent by mail (registered mail with a list of attachments) or handed to everyone against signature.

In court, these documents will indicate that the plaintiff has taken all measures to reach a peace agreement.

Agreement on determining the procedure for using residential premises  

If the apartment actually has some kind of procedure for using the rooms, and the co-owners have no complaints against each other, this already indicates that there is an oral agreement between them on the procedure for using the housing, which suits everyone.

Co-owners who want to consolidate the existing procedure for using housing can do this by concluding a written agreement . Each of the co-owners must sign such an agreement. It clearly states which premises are used by each of the co-owners, and indicates the footage and other characteristics of the rooms.

In real life, the conclusion of written agreements by co-owners on the procedure for using common property is an extremely rare occurrence. As a rule, the question of establishing a procedure for using housing arises precisely when the parties have exhausted all possibilities to reach an amicable agreement. And this entails the need to go to court.

Determining the procedure for using residential premises in court

The first thing you need to know is that judicial establishment of the order of use is possible only in an apartment registered as common shared ownership . In a communal apartment, where all rooms have separate personal accounts, the order of use can be determined in relation to common areas .

Participants in common joint ownership, in order for a court to determine the procedure for using the apartment, will first have to determine the shares in the ownership of each of them . This can be done by concluding a notarial agreement on the determination of shares, and if this is not possible, in court .

As a rule, the common property of the spouses is registered as common joint property. Of course, if after the divorce the spouses continue to live under the same roof, they can independently agree on how they will use the apartment in the future.

• So, if a dispute arises between participants in shared ownership regarding who occupies which room, the owners need to go to court.  
• These legal relations between co-owners are regulated by Article 247 of the Civil Code of the Russian Federation.
• According to the provisions of this rule of law, the ownership and use of property can be agreed upon between the co-owners , and if they cannot reach a peaceful agreement, the dispute is resolved by the court .
• The court makes a decision based on the requirement of the law that each of the co-owners of housing has the right to be provided with a room for his use, commensurate with his share of the property.
• Thus, some of the important circumstances to be clarified are:

• The size of the shares of each of the owners of the disputed residential premises
• The number of rooms available in the disputed residential premises and their sizes  

Lawyer (advocate) for housing issues in St. Petersburg. Tel.+7 (812) 989-47-47 Telephone consultation

What is taken into account by the court when making a decision on determining the procedure for using an apartment?