Divorced her husband six months ago. According to the result of the court on the division of the property, he got the land and 1/2 share in the house, I am the second half of the share in the house. House on earth agricultural. Appointments, that is, essentially dacha. The fraction in nature is not highlighted and, as in private ...

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How is the selection of a share in nature during equity property?

Three Daoev owners at a house of 70 sq. M.4 / 10.4 / 10 and 2/10. I want to allocate my own 4/10 share in kind and to arrange my own property. The official two owners agree to sign consent. But in BTI responded that it is impossible to do, though ...

January 30, 2019, 08:36, Question №2241984 Valentina Evgenievna Petrenko, Voronezh

What threatens the defendant a trial to highlight the share of the house in nature?

Good day! We have a private house in equal ownership with a neighbor. He wants to highlight the share of the house in nature. He offered us to do this together, sharing the costs in half (said that about 25 thousand at all), but we refused. In principle, we are not ...

Is it possible to distillance in nature in a private house?

Good evening! Question on the LCD RF. There is a need to allocate a part in nature in a private house. The ownership of 2/3 of the share, sent a written request with a proposal for selling 3 to him the distribution - the answer was not followed. Also to the private house a shed is attached ...

December 20, 2018, 19:54, question №2205168 Valeriy, Nizhny Novgorod

How to highlight a stake on a plot with a house after inheritance?

Good day. It was inherited from the mother of the land plot of 22 weaves with a house of 52 m2 on this site. The plot is rectangular, the house stands with the edge of the site. Heirs three, i.e. Every 1/3 of the total ownership of the house and the plot separately. For...

How to highlight the shares of the house, land and apartments in nature for the purpose of their subsequent sale?

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Hello! I have a home and land. In total share ownership with a neighbor 5/8, he has 3/8 shares on documents. In the course of 25 years, a neighbor attracts the premises. In the total, the area actually increases with him, but on the document I have, As a result, I cry ...

Section of the house in nature and shares

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Is it possible to allocate in nature a share in the right of ownership of the residential building and the land plot?

Hello. There is a residential building and a land plot - 5 acres. Owners Brother and sister on 1/2 share in the right of ownership. It is possible to distillance in nature in the house and in the land plot for the formation of two independent objects through the court, because ....

Is it possible to register in Russia a selected share in kind?

Hello! I made a stake in nature in a residential building through the court. There is a court decision on the section of a private house into two "apartments". Now it is necessary to register a "new apartment" in Rosreestre. I learned that it would not work, because Suspended the FZ on the separation of the share in ...

December 01, 2017, 11:57, question №1831084 Vera, Nizhny Novgorod

Do I need to allocate a stake in the house in nature to sell it to an unauthorized person?

Hello dear lawyers! Is it necessary to allocate a stake in the house in nature to sell it to a strange face, if other co-owners refused to buy it out?! And what to do if the co-owners are generally against the sale of the house completely, and try ...

The total share ownership of the apartment suggests not one, but at once several citizens of the owners. Often, people want to become owners of a separate part of the housing, which means they are wondering - how to do it in the case of a general property on a residential object?

The selection of a share in kind is a legal procedure that has a goal to consolidate the right to order part of the apartment. The interested person provides the full autonomy of a separate room from other parts of the apartment. The nuances of the formation of fractions are determined by Art. 252 Civil Code.

Modern allocation of share in kind of total ownership in the apartment achieved at the expense:

(for example, kitchen, bathroom, storage room, corridor);
division of shares in joint ownership of spouses;
selection of parts of the apartment for further sale or giving third parties.

The first option is standard: the apartment is not divided into autonomous parts, since it has a specific redevelopment. The parties are negotiated what proportion (room) they will allocate one of them, and which parts of the apartment will be in total ownership.

The second option is suitable for. During the divorce, the husband and wife make out the so-called "ideal" lobes - given that the property is divided equally, everyone will receive on the ½ part of the apartment, and will later be able to dispose of it at its discretion.

Legal owner, if he owns an apartment alone, can also highlight a share. Suppose if you want to sell or give not the whole apartment, but only its part. It is appropriate in the case of "gifts" to close relatives.

Is it possible to allocate in the apartment a stake in nature?

Our society knows a lot of examples of ownership of real estate. It is understood under it that the owners own housing in equal proportions, but individual shares are not allocated.

Example 1.

Seed spouses. The total apartment purchased apartment also had to share. As a result, the joint property of the spouses turned into a share - where her husband and his wife had equal shares. However, the shares can be not equal, for example, if the wife remains with the child or the contribution of her husband to the apartment arrangement was much more.

Example 2.

Marya Vasilyevna died. After her death, three contenders left for an apartment were left - two sons and daughter. Since heirs are somewhat, the housing is divided at all. According to the law, the inheritance goes to candidates from one queue in equal parts. So the apartment will go into total share ownership, where each of the children will have 1/3 share.

Civil law in Art. 252 of the Civil Code of the Russian Federation allows the option with the separation of a share in nature, but when complying with a number of conditions. The main one - housing should remain suitable for living. Simply put, nobody will allow you to break the walls and "capture" square meters of neighbors.

In what cases is it necessary?

Very often between the owners of the apartment arise contradictions. The persecution of personal goals may not please the rest, which means the apartment will instantly become the subject of the dispute.

When it makes sense to allocate a stake in kind:

the desire to sell his share (for example, the daughter married and wants to move away from his parents);
reluctance to live under one roof with the rest of the co-owners of residents;
the intention to dispose of his share without regard to the rest;
disputes with the rest of the apartment owners.

It should be noted that the shares in nature is the legal right of a citizen. Even if the housing has passed into common property quite recently, the owner may demand the allocation of its share regardless of the desire of the rest. The most important thing to adhere to the conditions of registration and not violate the prescriptions of the law.

How to determine the stake in the apartment, if the property is joint?

What to choose? Practice shows that in most cases the courts take into account the state duty in the second way. The plaintiff needs to be an assessment of common property, calculate the price of the allocated share in accordance with paragraphs. 1 p. 1 Art. 333.19 NK, and then pay the amount in the bank. The minimum size is 300 rubles, the maximum is not more than 60,000 rubles.

If you use the first option and pay 300 rubles, and it turns out that the price of the claim is much more - the court will leave a lawsuit. It will be necessary to make a missing amount and re-submit a package of documents.

Arbitrage practice

In practice, you will not meet cases when the share is required in nature with a total value of less than 50 thousand rubles. So, according to the rules of jurisdiction, things are subject to consideration in urban (district) courts.

Often the courts are forced to consider claims about the deprivation of citizens of the share in the residential premises. A bright example is the debt to the bank. The arrest of property is used, which includes the proportion in nature, if it has been isolated from the total equity mass (see "").

Some co-owners captures other people's shares, forcing the victims to apply for judicial protection. If this will be established, the court obliges to revise the section of the share or oblige the defendant to pay the co-owner compensation for the "cut" of the share.

What can be done with the resulting share?

After completing the searches in kind, the owners are entitled to take advantage of their shares without regard to other owners.

Sale

It is often found - many owners allocate shares precisely for the purpose of their further sale.

note that the seller is obliged to offer the purchase of a share to the rest of the co-owners.having (paragraph 1 of Art. 250 of the Civil Code of the Russian Federation). The price should not be different from the one that the seller will expose to third parties - in the announcement of the sale of a share. If co-owners refuse, you can sell a share to anyone who wants to buy the buyer - but not before the month.

It has the form of a written sample - it will serve as a documentary proof that the seller suggested his share to the remaining owners, but they did not express her desire to buy it away.

Rent

The preservation of common share ownership obliges the owner of the allocated share to take into account the opinion of the remaining co-owners. Before you need to enlist the consent of all ownersEven if their shares are not yet allocated.

If co-owners give permission - the lodger concludes an agreement with the selected tenant and transfers the keys to the room.

If the permission was not obtained, you will have contact the court with a claim for the possibility of transferring its stake in the apartment. First of all, it is necessary to prove that the rights of the rest of the co-owners are not violated, but they do not want to give consent to surrender to rent.

Conclusions:

Foresting in nature is the procedure for converting a share to a separate room.
Such an opportunity is in private houses. To redo the apartment in several separate rooms is difficult and in 99% is impossible.
Selection in kind is often replaced with monetary compensation.
The co-owner can offer redemption of his share to the rest of the co-owners. To do this, make notifications, send them to co-owners and wait for answers (preferential redemption right).
Two options are allowed: enter into an agreement or decide the question in court.
If the plaintiff appeals to the court, he needs to assess the share and file a claim on the selection in nature. Almost always in such cases prescribe monetary compensation.
If you select a stake in kind, you can make any transactions with it: to give, sell, exchange, rent - the consent of the other co-owners is not required.

Section of the house and plot, separated in nature

Share and part - what is the difference?

Often, customers who want to be addressed to us divide residential buildings and land with neighbors, i.e highlight their shares In household and plot in separate residential buildings (plots). The purpose of such a section, as a rule, is the termination of the right of overall validity and the emergence of the right to individual objects.

Although the law provides for the right of the equity owner to highlight its share in kind, this section is not always possible.

If the house is actually divided into two or more independent object, that is, there are separate communications systems and individual outputs at the receiving site, or there is a technical possibility of such a partition without significant damage to the existing structure, then the documentary section of the residential building can be and necessary.

Such a situation with a land plot in equity ownership.

It is possible to divide the plot only in the presence of separate inputs (access) on each site after the section from the general lands, or the possibility of organizing such access.

Why the section is worth implementing, consider further:

1. The cost of a separate residential building with a separate area during the sale is much higher than the price of the share in the house and the land plot.

2. Wishing to buy a separate object much more than hunters to equity property. And this is reasonable, as according to the law, participants in total share ownership carry out their rights by agreement and if such an agreement is not achieved, the dispute is allowed in court. There are provisions provided for by the law the restriction of equity owners in possession, use and disposal for their real estate: selling, identifying living in the territory of household, leasing (rent), carry out overhaul, reconstruction, demolition, construction, etc. All these actions require the participation of absolutely all co-owners. It is very difficult to resolve the problem if the owner is absent, or died, and nobody has joined inheritance.

3. Most real estate transactions are currently carried out with the involvement of borrowed funds - mortgages. Banks very reluctantly go to the design of mortgage loans secured by share ownership, so you want to sell such property, lose time when searching for a suitable buyer.

4. When implementing and designing even a minor reconstruction of the house, you will have to ask the consent of the neighbors.

5. Disputes on the procedure for using the general area between the equity owners are the longest, expensive and destructive, and sometimes unsolvable judicial disputes, as practice shows.

Thus, all of the above negative situations can be avoided if it is divided into home ownership and a land plot, refusing the regime of the community property.

In the existing construction of Saratov, many individual residential buildings, the right holders of which are owners of a share, while in fact each share in home ownership is a separate residential building with an isolated entrance, roof and capital walls. FROM separation of shares in the right of common share ownership At home, as a rule, there are no problems. The section of households can be made in an extrajudicial manner, if there is a desire for all equity owners - neighbors, and there is no dispute about the boundaries of the land plot and home ownership. In the absence of an agreement on section of the land plot And at home, or there is no will of all owners, such a section is carried out in court. The Civil Code allows the share owner allocate its share in nature And to obtain monetary compensation in the case of discrepancy in the event of a non-compliance of the allocated share of the ideal share.

It is much more difficult to divide the household, under the unified roof of which two and more owners of the share coexist. Such co-owners have the right to prevent their shares both in the house and in a land plot in kind. In the presence of consent, they can conclude an agreement on this section, and in its absence - to be divided into court. However, stopping the right of general shared ownership on the basis of an agreement or a court decision on the section, the owner will face a problem when registering an object in Rosreestre.

After the part-ownership section into individual homes in a judicial procedure, either by entering into an appropriate agreement, it is necessary to carry out cadastral records of each facility and the registration of ownership of a separate object - an individual residential building. At the same time, to apply for a statement on the formulation of cadastral records and state registration of ownership of Rosreestr should simultaneously follow to all owners.

Our specialists will help competently resolve the problem of the section of the household and land plot, providing full-fledged legal support of the entire process of registration until receipt of a document on registered rights to the land plot and (or) a residential building (extract from EGRN).

We are waiting for you in the office for legal advice on the section of the house, outlines in kind:

Pre-entry:

You can ask your questions about the section at home, home ownership, distinguished the share of the house in nature to lawyers of our company on the site in the section.

Share of a share means two things:

The once uniform house is divided into two or more parts that are not interconnected.
Since the primary whole house is stopped, the rights of the overall property are terminated, everyone owns its part separately, without being connected with others.

Features of equity property

Share property - a variety of common propertyThe documents reflect the exact amount of property belonging to each of the co-owners. It does not stand out by a specific part of the general ownership.

everyone uses all the premises of the house and the land plot on which it is, if there is such an opportunity;
how to use common property owned by the Agreement between them;
it is determined that the inability to provide one of the co-owners of the part of the object for use, in particular, at home, gives grounds to demand compensation;
the costs of the content of property, at home, in particular, payment of utility bills and other expenses should be paid to the most appropriately available share.

General property determines not only the features of the use of property, but also its sales. There is a special order, according to which, first of all, the purchase proposal is made to co-owners.

How to do it

The owner of the share sends a letter indicating the conditionswhich offers to buy property from him. In particular, prescribes the price. This period is given to the answer. The absence of an answer after the expiration of the month gives the right to hold a deal for sale. Similar rules are valid for exchange. In cases of donation, the right of preferential purchase does not apply.

Signing a contract for other conditionsIn particular, with a lesser price than was offered to co-owners, it gives grounds for the transfer of the buyer's rights to themselves. The period of time to appeal to the court in this case is 3 months. True, the lawsuit will not be considered if the applicant does not put the appropriate amount on the Deposit Account of the Judicial Department. It includes not only the purchase amount, but other payments, in particular, taxes, state duty, etc.

A number of features are envisaged in cases of recovery on the property distributor:

the bait or face of the recoverer, has the right to submit a lawsuit to court, ask to allocate a share of common property;
the impossibility of conducting the selection or unwillingness of co-owners to agree on this procedure, the share can be sold to them at a market price;
the impossibility of separated, the refusal of co-owners to buy the share of the debtor, is the basis for issuing a share to market auction.

How to highlight a stake in nature in a residential building

Instruction

It is not easy to obtain new documents and restructuring at home. Everything is done in two ways:

sore houses by agreement between owners;
heated at home through the court, if one of the owners does not give consent.

Whatever the option is chosen, the expert participation is required.

It suggests, taking into account the actual order of use of the house and the fraction of co-owners of the house options. Expert offers are set out in a special report. Judges make decisions based on materials of expertise.

The voluntary section is fixed in the contract, using the method proposed by the expert. The question of the redistribution of shares, the cost, how many who remains should be taking into account the restructuring of the house. The parties are entitled to divide everything as they want. The only limitation is the right of minors and persons under guardianship. It is necessary to obtain the consent of the guardianship bodies, which must be convinced that the rights of crucial and children are not violated.

If there is no consent of all parties - you will have to handle the court. A contract or court decision, depending on how the section occurred, register. Before that, changes are made to the cadastral passport. An integral solution of the issue is also a land plot.

The practical and technical side of the issue

In practice, more often share houses than apartments. Why? The section is allowed subject to the emergence of new full-fledged houses or apartments in which all the necessary attributes eat:

bathroom;
kitchen;
living spaces;
separate entrance.

New properties are completely independent.

They do not just need to be as such. There are legislative rules, the requirements for which private houses or apartments should be, which minimum area should be or individual premises. Requirements are outlined in the bottom. A separate section is devoted to homes and apartments.

Saving the value of the object is the second condition at which it is possible to carry out a section of the house, if it is impossible without this, then nothing will work. True, it is rather characteristic of court cases. If there is comprehensive consent, the issue of reducing value will not be a hindrance.

Separation motifs do not play any role. The main thing is, in the case of the court, to prove that there was a proposal to agree on the section, but followed the refusal. Causes any:

get a separate housing;
to dispose of its part of real estate at its discretion (sell, donate, deposit).

Allocation makes sense before the repair and significant improvement in its part of housing. After the section, other co-owners will not be able to qualify for improvements and additional cost. The situation is likely to recognize improvements illegal from other owners.

Voluntarily or through court the issue of the section is decided, a construction and technical expertise is held.

Specialists respond to about the following questions:

is it possible to technically hold the section at home, attachments, land plot?
is it possible to divide the residential building and buildings, a land plot under them according to shares?
What are the options for the section at home, buildings, land plot?
What work on refitting and restructuring should be held every co-owner and how much will each of them spend money on it?
What is the degree of physical wear of buildings, at home (determined in percent)?
What is the valid (market) price of ownership (plot, houses, attacks, including those who are objects of unfinished construction).
How much will compensation be compensation in case of the impossibility of the share of one of the owners?

Required documents

List of securities that will be needed for the approximate section. Each case is different.

In any case, the following documents are needed to experts:

Technical passport at home.
Certificates of ownership, contract, certificate of inheritance, cadastral documentation for land.
Paper reflecting the order of real use by the house and land plot.

The study of the expert conducted within the framework of civil affairs requires additional documents:

Copies of the claim, objections, counterclaim attached to these paper.
Copies of the protocols, the definition of the judge on the appointment of expertise with questions that should be resolved by the expert.
The housebook to confirm the residence of someone other than the owners.

Trial

It begins with writing a claim and sending him to court. Compliance with formalities will be the basis for the opening of the case. As a rule, if all the materials are collected, the judge immediately tries to appoint an examination. The questions actually determines himself, although the parties have the right to put them, which is rarely done.

From the options of the proposed experts, the judge chooses the most close to the actant and the defendant.

There are no options for the section of the house, for example, the proportion is insignificant. The judge or determines the procedure for use or, if there is a claim with a requirement to oblige to pay compensation, the Court terminates the right of the allocated distributor in exchange for compensation. Compensation is calculated from real, market prices.

Sources of calculation:

Expert review.
Reports appraisers.
Receipts Payment orders, contractors with contractors (IP, firms).
Tariffs, rates for building materials.
The effect of the location of the house for its value.

The judge due to the impossibility of the section of the apartment or at home is entitled to determine the procedure for the use of the object by co-owners and persons who have the right to reside.