How to allocate a share in a private house

How to allocate a share in a private house



Based on Article 252 of the Civil CodeOf the Russian Federation, any participant in a shared ownership may require the allocation of its share from the common property. This issue can be resolved through mutual consent or through a court.





How to allocate a share in a private house


















You will need




  • consent of other owners for the allocation of shares, court decision




Instructions





1


When the share in house insignificant, then you and other applicants forproperty can pay compensation to the owner of the disputed share even without his consent. After receiving these funds, the owner automatically loses the right to stake in home.





2


If the share of the owner has enoughessential, it is necessary to obtain his consent to buy out the area. Only if there is a positive response, you can re-register the ownership by paying compensation to the owner.





3


You can use the option of allocating a stake innature. In this case it is necessary to provide the owner with an isolated part of the house that will correspond to his share. When dividing shares in kind, remember that not always the real state of things can correspond to reality. For example, you owe 25% of all property. A room and a corridor that can really be isolated and made with a separate entrance make up 35% of the entire house. Then you will have to redeem 10% of the property. Also, compensation can be not only financial. The owner, whose share in the house was smaller, can take his own economic building. It is necessary to divide not only the living space, but also the auxiliary premises, for example, attic or buildings of economic purpose. Also under the section are engineering systems and communications at home.





4


If before the partition one of the ownersused part of a house that exceeds its share in the right of common ownership, this is not a reason for increasing its share. He can only receive the amount that he has the right to claim under the documents.





5


In case of a disputable situation, contact the court with a request for a share. The basis for this is Article 252 of the Civil Code of the Russian Federation.