As practice shows, the situation when one house has several owners is quite common. Also, very often, relations between co-owners do not develop in the best way. The most correct solution in this situation will be the division of the residential building in kind between the owners. It is quite difficult to do it on your own. That is why it is better to use the services of professional lawyers – Prykhodko and Partners specialists.
Ways to solve the problem of dividing the house in kind
Among the ways of dividing the house in kind:
- The settlement agreement.
- Judicial procedure.
For the division of a residential building in kind between the owners, there must be appropriate conditions, which are provided by the current construction and state regulations.
Thus, it is possible to carry out a division both voluntarily and in court, but under the following condition: the co-owners must issue the right to use the land plot or the right of ownership. If there are no documents for the land, the allocation of shares in kind between the owners is impossible.
In addition, there should be a technical possibility to allocate a separate room to each of the co-owners, which will have its own separate entrance. If any of the above conditions are absent, the division will be contrary to the requirements of current legislation. Thus, it will be impossible not only voluntarily, but also in a judicial procedure.
Features of the division of the house in kind on the basis of a settlement agreement
In order to divide the house in kind between the owners in a peaceful way, the following documents must be prepared:
- Certificate of state registration of ownership.
- Technical passport for a residential building.
In some cases, additional documents may be required for the division of the house in kind. On the basis of the provided documents, an agreement on the real division of the residential building in kind between the owners is drawn up.
In order to conclude an agreement on the real division of the house, the real estate owners must start by obtaining a conclusion on the technical feasibility of this division.
The basis is the decision made by the construction expert. Only an expert has the right to establish the possibility of dividing a private house into equal shares.
If the specialist determines that it is not realistic to carry out an equal division, compensation to the co-owner whose rights have been violated may be an option.
Important: when receiving compensation, the right to own a share is lost. The expert organization issues a corresponding opinion. This conclusion will indicate real options for the division of the residential building in kind between the owners. In some cases, obtaining such a conclusion will require the installation of partitions, an additional entrance to the house, etc.
After receiving a positive opinion, property owners should contact the representatives of the administration for architecture and urban planning to obtain the appropriate certificate.
How does the division of a residential building take place in court?
In order to divide the house in kind between the owners in court, it is necessary to prepare a statement of claim for the allocation in kind of a share of the property that is jointly owned. However, the statement of claim must state that there is a technical possibility for allocating a share. In most cases, such justification is the conclusion of the construction and technical examination in court.
Assistance of lawyers in the division of a residential building in kind between the owners
The procedure for dividing a house is not an easy procedure. In addition to regulating issues among themselves, the owner must visit more than one instance. That is why it is best to use the services of professional lawyers. Specialists Prykhodko and Partners will speed up the process of dividing a residential building in kind between the owners and make it much easier.
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