How to allocate a share in the apartment?
In different situations, the problem of property division arises, and people who lived peacefully under one roof yesterday are beginning to wonder how to allocate a share in an apartment. It should be immediately clarified that a share can be allocated only in a private house, and not in an apartment that is located, for example, in a high-rise building. Therefore, as a prerequisite for the allocation of the share is the presence of each of the living people, a separate entrance to the room from the street. In this case, the premises should be isolated from each other, that is, walk-through rooms can not be divided between residents. This is extremely difficult, because then one of the residents will not, by law, have access rights to their own square meters.
Determination of share in the apartment
However, in any case, each of the registered family members in a dwelling has a certain share of property in the apartment. So, if, for example, there are four family members, then each of them has the right to? part of the whole dwelling.In practice, it is very difficult to divide an apartment in this way. Because how to fulfill all the conditions for an equal division and the lawful dwelling of each family member of 4 people in 2 rooms is not possible. Here, of course, the rights to the isolation of the premises will be violated. Therefore, in such cases, most often, one has to solve the issue constructively, namely, to sell someone his part of the apartment. If we are not talking about any family proceedings, then after the allocation of a share in an apartment has occurred, parents, for example, can donate their part to children.
At the section each family member receives an equal number of square meters. However, the problem is that it will not be able to issue them as private property, not observing the conditions listed above. In apartment buildings it is very difficult and problematic, it is easier for someone to yield to another and sell a part, or simply exchange an apartment for two smaller ones. Private homes can be rescheduled and thus live under the same roof while respecting the law and not interfering with each other.
If there is the mutual consent of all family members to determine the share in the apartment, then you should contact the notary for the transaction.He will be able to legally competently draw up a contract, according to which it will be spelled out what percentage to whom it is laid. If there is no consent, then the decision can be obtained only through the court. In this case, only having familiarized with all the circumstances of the case, the court will be able to determine how to correctly designate the territory of residence of each interested person.