Separation and division of property in kind

As practice shows, situations where one house or apartment has several owners are quite common. At the same time, co-owners do not always have the best relations. Sometimes people reach the point of absurdity, turning each other’s life into a real horror. The most effective solution in such a situation would be the separation and division of property in kind. This can be done by carrying out a construction examination. If you need to separate and divide property in kind, the specialists of our law office will help you with this.

Legislative framework of the issue

Article 355 of the Civil Code of Ukraine states the following: property legally owned by two or more persons has the right to joint ownership. If each of the co-owners has his own share, it is about joint partial ownership. Article 356 of the Civil Code of Ukraine states that each of the owners of a specific real estate object is the owner of the common property as a whole, and not of a certain part of it. This means that the owners can independently determine the procedure that will regulate the use or possession of the property. We are talking about real estate that is in their joint partial ownership.

Article 364, part one, states that each of the owners of the real estate object has the right to allocate in kind a share from the property, which is in joint partial ownership.

Separation of a share from joint property is, in essence, the transfer of a part of this property into the ownership of one of the co-owners. This is carried out proportionally, depending on what share is allocated to the co-owner in the right of joint ownership.

At the same time, there must be a conclusion on whether it is technically possible to divide the real estate object. This means that the division of real estate into independent objects must meet the conditions stipulated by the current building regulations. The procedure is carried out in accordance with the current legislation with the provision of an appropriate opinion on whether it is possible to divide the real estate. If possible, as a result of the division, each real estate object becomes independent and is given a separate postal address.

Methods of property division

What does the allocation of a share in kind from private property entail? This is the process of dividing one house/apartment into independent real estate objects. Each of the new facilities will have its own entrance/exit and a number of ancillary buildings/premises.

Today, there are two main options for the distribution of joint ownership:

• Voluntary order
• Judicial decision

Division in both the first and second options is possible only if the co-owners have the right to own/use the land plot on which the house is located. If there are no documents, it is impossible to allocate shares.

We will also remind you once again that for the division of real estate it must be technically possible to allocate a separate room to each of the co-owners, which will have its own entrance. If any of these conditions are absent, the division will be contrary to the requirements of current Ukrainian legislation.

The division of the house is carried out in court on the basis of a claim for the allocation of a share of the property in kind. Also, the technical possibility of allocating a share must be clearly substantiated in the claim. A similar justification is most often a conclusion made on compliance with the norms of a construction and technical study.

To separate and divide property in kind, it is better to use the help of professional lawyers. We provide a full range of services related to real estate.

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