menu
Criminal practice
Anti-corruption measures
Arbitrage practice
Legal assistance
State registration
Migration services
real estate and construction
Accounting outsourcing
Tax practice

HOW TO DIVIDE AN APARTMENT OR A HOUSE INTO 2 SEPARATE REAL ESTATE OBJECTS

The division of real estate is a legal procedure that allows you to divide a house or apartment between two owners. Or if one owner wants to remove part of the real estate. Such a situation arises, for example, when dividing property of spouses or dividing inheritance, which includes real estate.

It is important to first find out three conditions without which the division of property will not be possible:

  • It is possible to technically separate the property. After all, there are buildings that, for technical reasons, cannot be divided.
  • Are there any necessary documents of title to the house or apartment that you want to share.
  • Or the land plot where the property is located is duly registered in the state Geocadastre, and whether the ownership of this land is registered.

To determine how technically possible it is to divide houses or apartments, you need to contact the technical inventory bureau, which is available in almost every district center, or other certified specialists who will prepare an appropriate conclusion.

Check registered ownership of the apartment or house, and the land, you need to check the information in the State Register of Rights to Real Estate.

This can be done independently, if you have an electronic signature, on the official website of the Ministry of Justice, or contact the TsNAP where the state registrar or notary can do it.

If the right of ownership arose before January 2013, then there may not be any information in the State Register, because according to the legislation that was in force until the beginning of 2013, state registration is not required.

So, if there are technical possibilities for dividing a house or apartment, then the owner 

performs the following actions:

Firstly, he applies by a statement, must be certified by a notary public, to the technical inventory bureau or other certified entities having the right to carry out business activities, to provide an opinion.

Secondly, he writes a statement on a technical inventory of these real estate objects that arise as a result of the division.

After considering these documents, the owner receives an opinion stating the possibility of dividing the house into two separate objects. A technical passport must be issued for each allocated real estate item.

Having received the technical documentation for each house or apartment, the owner must contact the local authorities at the location of the property for assignment to these houses, which were formed as a result of the separation of individual mailing addresses.

Having received the decision of the local government, which will indicate that the houses have been assigned mailing addresses, the owner must contact the TsNAP to the state registrar or notary public for real estate registration again for registration actions.

After completion of all these actions, the owner can dispose of the house and apartment, which is divided by him at his discretion, that is, to perform any actions, including selling and giving.

Author: Baranovsky Nikolay

Share in