If the house in which you live belongsmore than one person (for example, is in joint shared property of the spouses), then sooner or later there may be a need for its division. Such a situation can be the division of real estate in case of divorce, transfer to inheritance, allocation of a share to an adult son for independent living, etc.
The section of the house (home ownership) can be producedvoluntarily, if there is no disagreement between the owners about the size of their shares and other disputable issues. In this case, all owners conclude an agreement (agreement) with mandatory registration by the institution of justice. After the state registration of the agreement, the general ownership right to it is lost, and each of the former co-owners becomes the owner of their own share.
In addition to the division of the entire household according to the number of owners in proportion to the share of each, it is also possible to allocate a share of one of them (the rest remains in common ownership).
If the voluntary agreement is not reached(which happens much more often), then the section of the house is made by a court decision. In this case, it should be borne in mind that it is possible to divide the household (both voluntarily and through the court) only if there is a possibility of so-called. section of the house (allocation of shares) in kind. What it is?
Section of the house (allocation of shares) in kindinvolves the allocation to each of the owners of a part of residential premises and subsidiary (economic) buildings. The allocated part should provide the conditions for separate living, that is, have a separate entrance, natural lighting (allocation of rooms without windows is not allowed), sanitary and technical amenities, all necessary communications. Thus, the allocated part should be a separate apartment. That is why the allocation of a share in kind in the apartment is not feasible (there is no possibility to separate the ancillary premises) and the court can only establish the procedure for using the area.
Section of households through the court is made withthe appointment of a special technical expert assessment, conducted by an expert organization or a specific expert. Its task is to establish the availability of a real possibility of partitioning the homeownership into parts for autonomous use, establish the degree of actual wear and the actual (market) cost of the buildings, and the amount of compensation.
Compensation is paid to those of the owners,whose share is less than what is legally required. This happens if the section of the house is proportional to the ideal shares is impossible. Payment of such compensation is permissible only with the consent of the owners, compulsory appointment is impossible.
An exception is the case when the sharethe owner is insignificant, and in reality it can not be singled out. The amount of compensation is calculated on the basis of the actual value of the owner's share at the time of the division.
The task of judicial technical expertise isalso the definition of the possibility and cost of re-equipment of premises for the purpose of real possibility of separate residence (the device of a separate entrance, the necessary engineering communications, etc.). Such re-equipment is possible provided that it does not cause disproportionate damage. What it is?
Disproportionate damage is a significant deterioration in the state of the rescheduled housing, an increase in non-residential area due to residential, inadequate re-equipping of premises with sanitary standards,
If the owner at his own expense was producedimprovements inseparable from the object, he is entitled to demand a proportional increase in the size of his share. In this case, improvements are understood as an increase in area.
If, nevertheless, the section of the house in kind is not feasible forobjective reasons, and the option of payment of compensation with the termination of ownership rights by the participants is rejected, the court can establish the procedure for using the disputed real estate object.