Division of shares in a privatized apartment. Separation of a privatized apartment. Separation of accounts in a privatized apartment. The procedure and conditions for the allocation of shares

Differences between allotment and division How to divide an apartment into shares How many shares can an apartment be divided How much does it cost How to divide an apartment between spouses How to pay utility bills

The question of dividing shares in a privatized apartment most often arises among owners who have inherited real estate or have themselves privatized for all family members, but later they had disagreements.

Protracted disputes often arise between such owners, which can be settled both in court and by concluding an appropriate agreement. In any case, disagreements take a lot of effort, time and nerves. Therefore, it is advisable to seek the help of a qualified lawyer. We will talk about how to divide the common shared property and what support an expert can provide later in the material presented.

Differences between a section and a section

If the participant allocates his share in the apartment, then he is no longer the joint owner of this living space, however, the ownership of other owners remains. In the event of a partition, all participants lose this right.

How to divide an apartment into shares

As already mentioned, the division is possible in two ways: to conclude an agreement on the division between the owners or to go to court with a lawsuit.
The terms of the agreement may include the following provisions:

in the right to housing, equal shares are allocated for each of the participants, in common law unequal shares are established (for example, 60% to the wife and 40% to the husband), the distribution should not violate the property interests of either party, complete deprivation of rights is not allowed.

From the moment of registration of this document with the Rosreestr authorities, a common shared ownership will be established for the apartment.

If a decision is made to keep the apartment in shared ownership, then under this regime there are certain disadvantages:

the consent of the other homeowners must be obtained if you want to carry out repairs or install an air conditioner, without the other owners and their consent it is impossible to register your family members in the apartment, and it will be difficult to carry out your own registration, the sale of the whole apartment will be possible only with the consent of all owners to make a transaction, forced alienation of other people's shares is not allowed by law. If they refuse your part, then you can already look for a buyer on the side, it is impossible to rent out your part of the apartment under a lease agreement without the consent of the owners, in case of unresolved debt problems, the creditor has the right to demand to allocate a share in the apartment in court to pay off the debt.

If it is not possible to agree with the other owners regarding the volume of shares, then you should go to court.

By its decision, the court will divide the apartment into shares in kind, while taking into account the safety of housing as a whole. If such a division is impossible, then the owners can count on payment of compensation equivalent in value to the part they own.

After the court decides on the allocation of a share in kind, the owners need to apply for registration of ownership of the share to Rosreestr, which will issue an appropriate extract from the USRR.

How many shares can the apartment be divided into?

The legislation does not limit the number of shares in an apartment, however, there are a number of technical requirements that must be taken into account when dividing:

each part should correspond to an isolated room that allows comfortable living, such a room should have a separate entrance, the division should be carried out without significant damage to the apartment or house, and the interests of neighbors and HOAs should also be taken into account.

The number of shares in an apartment is determined by the number of owners.

How much does it cost to share an apartment

The costs of the division depend both on the location of the property, and on the amount of work of the accompanying lawyer and payment for notary services. The division of a privatized apartment into shares is impossible without the opinion of an employee of an expert institution or an appraiser, the court considers their conclusions in the first place. They will also be required by the notary, who, on their basis, will certify the voluntary agreement on the division.
If children live or are registered in the apartment, then it is necessary to provide the conclusion of the guardianship and guardianship authorities, since the contract affects the interests of minors.

Thus, the price of a section is always determined individually based on the above factors.

How to divide an apartment into shares between spouses

Spouses can divide a non-privatized apartment both before and during marriage, and in the process of divorce. In the first case, the defining document that establishes the procedure for dividing housing into shares is a marriage contract. It prescribes the modes of ownership of the apartment - it can be framed in shared, joint or individual ownership. It is also necessary to establish specific parts of the specified property in the marriage agreement. At the same time, the RF IC has a rule allowing the division of an apartment in any proportions, it is even possible to leave the second spouse without housing at all.

If the apartment is privatized and registered in the name of one of the partners, then an unpleasant surprise awaits the second when trying to divide - you cannot get your share just because the spouse is registered in this apartment. A privatized apartment can be fully disposed of only by the person to whom it was registered. Therefore, it is best to immediately carry out joint privatization for two partners, formalizing it with a marriage contract.

However, the court may take the side of a spouse who wants to allocate a share in a privatized and not registered apartment for him, if he has no other housing, and give him the opportunity to use the apartment and live in it.

How to pay utility bills if the apartment is divided into shares

When dividing property, apartment owners will most likely want to pay utility bills for their part of the property separately from their neighbors. In this case, they need to contact the management company, provide an application for an invoice for utility bills and a certificate of ownership of the share (extract from the USRR).
Sometimes it is difficult for neighbors to divide such accounts, so you should go to court with a lawsuit on the division of a personal account in a privatized apartment. In the statement of claim, the owners ask the court to determine the procedure for using the living space. At the end of the lawsuit, the utility company will send separate invoices for payment to each owner, you only need to provide a court decision.

If you have additional questions or your situation requires the assistance of an experienced specialist in this field, we advise you to contact our qualified lawyers.

It is possible to divide property in case of need in accordance with the regulations established by law. This is a fairly common procedure that owners have to go through during a divorce, exchange of housing within the family, joint inheritance. Before proceeding with the sale of housing or determining the right of use, it will be necessary to divide the apartment into shares.

Rules and procedure for the division of an apartment

Real estate can be registered in joint or shared ownership without the actual allocation of shared ownership. When acquiring, privatizing or other legal actions with housing, the status of ownership is officially established. For example, documents may indicate individual, joint, or shared use. The emerging needs for the allocation of shared ownership and execution of relevant documents for each owner occurs by agreement or through an appeal to the court.

Each owner has the right to allocate his specific share and dispose of it at his own discretion. The division of an apartment between the owners implies two ways: the allocation of premises in kind or the payment of the amount of compensation by the other owners. In other words, sell the selected part of the object or use it yourself, according to the established framework.

When dividing an apartment, shared ownership can be determined by agreement of the parties. Between the owners who have a common document establishing the apartment, an agreement is concluded, notarized.

The document establishes the rules for use in a share ratio or determines the amount of compensation when selling your share to another owner of the premises. The agreement is legally binding and allows the division of joint property between interested parties.

In case of impossibility to agree, it is necessary to apply for the definition of rights to the court. The claim must indicate the issues that are put before the court. Namely: is it possible to divide real estate in kind, what fractional ownership belongs to each opposing party, the rules for division and calculation in this particular situation. The court must establish the preferential right of possession if the applicant has good reasons for this. Consider the interests of minors and incompetent family members, determine the amount of recovery from a citizen who has received a priority right to use.

It happens that the living space cannot be divided, for example, a one-room apartment for two applicants or a two-room apartment for three shared owners. The court decision may establish the sale of the object and the division of funds according to the shares of ownership. The second way, in which the property goes to one of the parties to the dispute, who is obliged to pay a share equivalent to the other owners, is the most conflicting one.

A property valuation based on the cadastral value or the value of an object according to the BTI is an insignificant amount. If the market value is taken into account, then it is determined by an independent examination conducted at the request of the court. In any case, it is almost impossible to purchase housing for allocated shares.

Sometimes the shared object is the only property of each participant in the process, and the number of isolated rooms is less than the applicants. If it is impossible to live together, housing is determined by one of the candidates, the rest are paid a share. The court bases the decision on residence and payment of funds to other owners on the size of the property. If the share is insignificant, then the desire of the owner may not be taken into account, and the verdict indicates a payment in a certain amount. Such disparate fractional holdings often arise from statutory or testamentary inheritance in certain disproportionate proportions.

Shared division of the apartment during a divorce

The joint property of the spouses is divided according to the law in equal proportions. Since spouses have the same rights, the court takes into account the presence of children when dividing the area in kind. For example, ex-spouses live in a two-room apartment and have a child. Then the large room goes to the parent with the child, the smaller one is assigned to the second spouse. When selling, the value of real estate is divided equally, if the property is registered in the ownership of privatization and the share of the child is established, then the proceeds are divided into three equal parts.

If the property is privatized, including for a minor, then it makes sense for the parent to file a claim for the allocation of shared ownership on behalf of the child. The court will consider the preferential right to use the parent's housing with the child and determine the order of residence. In property disputes, the procedure for presenting a claim to the opposing party is used.

This means that before going to court, you should officially send the opposite party a proposal for the shared division of the apartment. The absence of a response and subsequent actions of the interested person becomes the basis for the court to make a decision without taking into account the arguments of the defendant. The claim is sent by letter with notification and is attached to the statement of claim for the division of property.

According to the law, the real estate of the spouses is not actually divided, it is impossible to turn an isolated living space into a communal apartment, this provision is enshrined in law. The court has the right only to determine the procedure for using the apartment, which must subsequently be observed by the tenants. Documentation of the allocated share in joint property is carried out in the state registration authorities upon presentation of an agreement or a court order.

After the due date for consideration, each of the spouses receives their own certificate of ownership indicating the fractional ownership. An extract from the USRR and the certificate received will become the main documents confirming the right to use the allocated share.

But if you cannot sell the apartment as a whole, then you can sell your share in the right of common shared ownership of the apartment to an outsider. How to divide an apartment into shares if there is one owner, and if agreement is not reached - in the manner established by the court. A participant in shared ownership has the right to provide for his possession and use of a part of the common property commensurate with his share, and if this is not possible, he has the right to demand appropriate compensation from other participants who own and use the property attributable to his share. Each participant in shared ownership is obliged, in proportion to his share, to participate in the payment of taxes, fees and other payments on common property, as well as in the costs of maintaining and preserving it (Article 249 of the Civil Code of the Russian Federation) , 30 km from Moscow Ring Road.

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Attention

Our comment Before considering possible ways to solve this problem, let us recall some provisions on shared ownership. If the apartment is in the shared ownership of several persons, then a specific share of each owner in the right of common ownership of the entire apartment is established. For example, an apartment may be in the shared ownership of three persons, while each of them does not own the entire apartment, but only its share.

These shares can be equal (for example, each owner owns 1/3 of the apartment), but they can also be unequal (for example, one of the owners owns 1/2 of the apartment, and the other two - 1/4 of the share). The determination of the size of the shares of each participant in shared ownership is established by law or by their joint agreement.

Five ways to legally divide an apartment

Privatized housing is considered to be housing transferred by the state into ownership in private hands. The right of common shared ownership is regulated by Article 244 of the Civil Code of the Russian Federation. Various circumstances may lead to the need to divide the privatized apartment between the owners.
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Info

In cases where only one of the spouses participated in the process of privatization of property, the second does not have the right to a share, since this form of transaction is free of charge. Such property is not subject to division. In all other cases, each owner of a share has the right to allocate his share in kind or receive an equivalent amount of money. 2 It is possible to divide a privatized apartment either by mutual agreement of the owners, or in a judicial proceeding. In the first option, housing can be exchanged or sold, the second option is applied if one of the owners does not agree with the section.

How to share a privatized apartment

Print publication Add to bookmarks The acquisition of residential premises in common ownership by several persons has long been a widespread phenomenon. The law gives the owner the right to independently dispose of his share: sell it, having received a certain amount of money, donate it, bequeath it, etc. However, when faced with this problem in practice, it turns out that everything is not so simple.
The procedure for making transactions with an apartment that is in shared ownership, as well as with individual shares of this apartment, has its own characteristics, which may limit the ability of a shared owner to dispose of his share. Let's try to understand these problems on specific examples of our readers who have applied to us for legal assistance.

How to sell an apartment if the second owner is against it?

As illustrative examples, consider several options when a section of an apartment is required. Division of the apartment in case of divorce No family is immune from divorce. And often in such cases, you need to think about the division of joint property.

In fact, there is no secret or certain difficulties here. But there are some circumstances that can reduce the share of one of the spouses, or reduce it altogether. How to sell a share if the 2nd owner is against it? Accordingly, shared ownership implies that the shares of the spouses have already been established, and each at the dissolution of the marriage receives his share, which he has the right to own, use and dispose of at his own discretion.

Of course, one of the simplest and, probably, fairest ways to resolve your issue is the joint sale, by you and your ex-wife, of the entire apartment and the division of the amount of money received equally.
Part of the apartment due to one of the spouses may be replaced by the court for monetary compensation. 3 A non-privatized apartment cannot be sold. In a divorce, it must be divided between the spouses in equal shares. If the spouses do not want to live in the same apartment, it can be sold with preliminary privatization.

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The presence of children in the family makes its own adjustments to the court decision. By decision of the court, the part of the husband's or wife's housing may be increased if small or non-working adult children live with them. In this case, the reason for the unequal division of the apartment may be the refusal of the spouse to pay alimony or their insufficient amount.

5 In a situation where an apartment was bought by one of the spouses before marriage or received as a gift (by inheritance) during marriage, he is not obliged to share it with the second spouse.

If the apartment has one owner, how to divide it into a second owner

If the share of one owner is less, but he uses the apartment to a greater extent, then it is advisable to determine part of his expenses in a certain amount of money or to attribute most of them to him. This option is also possible in situations where a person, being the owner of a share, actually lives elsewhere and pays for a communal apartment there. Then, by agreement, he can only pay maintenance costs and pay heating fees.
All other services are paid, according to the readings of metering devices, by the owner living in a common apartment. When drawing up an agreement, its parties have the right to determine any mode of payment that is convenient for them and does not contradict the law. If previously existing agreements change, then an amendment to the agreement is required, which are also certified by a notary.

Such an agreement must be notarized and then presented to the operating company. In turn, the service organization, in accordance with the terms of the agreement reached, calculates the amount of payments and issues a separate document to each owner. Additionally, the CC may require such documents as:

• application from each owner to provide him with a separate invoice for payment of services
• copies of certificates of registration of shared ownership
• extract from Rosreestr
• data on the place of residence, in cases where the owner of the property is registered at a different address
• information about the verification of metering devices
• when paying payments on separate accounts (gas, telephone, Internet, etc.);

• Shared ownership of housing: how to divide, sell and rent

• How to divide an apartment during a divorce, if the owner is a husband or wife, if there are children

• Kommunalka "in parts
• Rules of good conduct for owners of apartment shares
• Profession Realtor
• How to re-register a share in an apartment
• The nuances of selling an apartment in shared ownership
• How to sell a share if the 2nd owner is against it?
• How to divide an apartment into shares if there is one owner
• Deal with an apartment in common ownership: beware of apartment invaders
• Sale of a share in real estate in the absence of one of the owners

How are the shares of two owners actually allocated in a 1-room apartment? It will not work to make a communal apartment out of such an apartment due to the fact that two rooms cannot be made from one room.

But in this case (when the allocation of a share in kind is not allowed), the law allows the owner (wife) to demand payment of the value of his share by other participants in shared ownership (husband). Therefore, the wife has the right to make such a claim in court. In practice, this option has significant drawbacks.

Important

The first drawback is related to the assessment, i.e., to the determination of the value of the share of the separated owner (in this case, the wife). Already at this stage, a dispute is inevitable: it is beneficial for the wife that her share be priced as high as possible, while the husband benefits from the lowest possible assessment. Consequently, each party will be forced to order its own assessment from an independent appraiser.

It is still unknown what the court will decide (with what assessment it will agree).

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To do this, all the owners of the apartment must meet and come to an agreement on the allocation of shares in the living space. If you can agree among yourself, then immediately divide the apartment into equal parts (it will be much more difficult to do this if several people are registered in the apartment, in fact, strangers to each other). Next, you need to go to a notary and certify the agreement and the allocation of shares by providing him with a privatization agreement, you may also be asked for a certificate from the regional chamber.

You also need to resolve the issue of utility bills, they can also be divided among themselves, for this you need to write an application to the housing office, indicating how many parts you need to divide your personal account. Of course, and there you will need to submit title documents and an agreement on the procedure for using the apartment.

Quite often, apartment owners cannot come to a unified agreement, in which case the court will help them. Basically, problems arise already at the beginning of the division of property, at the stage of determining the procedure for use. To do this, you need to draw up a statement of claim, explaining the whole situation in detail, ask the court to establish the procedure for using the apartment. When filing a claim, you must submit it along with:

Title documents for the apartment;

Receipt for payment of state duty;

Extract from the house book;

Floor plan from BTI and explication.

As soon as the court announces its decision on the procedure for use, you will need to contact the Housing Office in order to divide the utility bills. What documents are needed for this, we said above. By the way, if necessary, you can put a separate lock on your room.

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To divide a privatized apartment (to allocate shares with the division of a personal account of housing owned by the owners) is carried out in several ways:
1) If the owners of the apartment managed to reach an agreement, then the division of the apartment can be formalized in the form of an agreement between them. The agreement on the allocation of shares is drawn up by a notary public and is subject to state registration with the justice authorities. The conclusion of such an agreement is possible only between adult capable citizens.
2) If there are minor children among the owners of housing or one of the owners does not want to formalize the division of the apartment, then the allocation of shares and the determination of the right to use the apartment is determined in court. In the statement of claim, the plaintiff is obliged to substantiate the need to divide the apartment, indicate the circle of owners and their legal status. When the division of an apartment affects the interests of minor owners, the consent of the guardianship and guardianship authorities to divide the apartment and determine the share of the child must be attached to the statement of claim. Simultaneously with the division of the apartment, it is possible to demand the determination of the rights to use the residential premises.
Having divided the apartment, it is necessary to apply to the management company with an application for the division of a personal account on the basis of an agreement between the owners or a court decision, this will simplify the settlement of utility bills.
Wish you luck!

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Hello!
It is possible to divide a privatized apartment by agreement of the parties or in court, if an agreement has not been reached.
It is possible to allocate your share in kind only in accordance with Article 252 of the Civil Code of the Russian Federation
1. Property that is in shared ownership may be divided among its participants by agreement between them.

2. A participant in shared ownership has the right to demand that his share be separated from the common property.

3. If the participants in shared ownership fail to reach an agreement on the method and conditions for the division of common property or the division of the share of one of them, the participant in shared ownership shall have the right to demand in court that his share be divided in kind from the common property.

If the separation of a share in kind is not allowed by law or is impossible without disproportionate damage to property in common ownership, the separated owner has the right to payment to him of the value of his share by other participants in shared ownership.

4. The disproportion between the property allocated in kind to a participant in shared ownership on the basis of this article and his share in the ownership right shall be eliminated by payment of an appropriate amount of money or other compensation.

The payment of compensation to a participant in shared ownership by other owners of compensation instead of the allocation of his share in kind is allowed with his consent. In cases where the share of the owner is insignificant, cannot be really allocated and he does not have a significant interest in the use of the common property, the court may, even in the absence of the consent of this owner, oblige the other participants in the shared ownership to pay compensation to him.

5. With the receipt of compensation in accordance with this article, the owner loses the right to a share in the common property.

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To do this, it is necessary, firstly, to gather all the owners and agree on the allocation of shares in housing. If it is not possible to reach an agreement, then it would be better to immediately divide the housing into equal parts (the situation is more difficult when people unfamiliar to each other are registered in the apartment). Next, you should contact a notary and certify the agreement and the allocation of shares with the provision of a privatization agreement. You may need a certificate of ownership from the regional chamber.
It is also necessary to resolve the issue of utility bills, since it is also possible to divide them among themselves. To do this, an application is written to the housing office indicating the number of parts of the personal account, also providing an agreement on the procedure for using the apartment and title documents.
If homeowners do not come to a unanimous agreement, then the court will help resolve the issue. More often, disagreement comes already at the stage of the property division, when the order of use is determined. To do this, a statement of claim is drawn up with a detailed explanation of the whole situation and the following documents are attached: title documents for the apartment, a receipt for payment of state duty, an extract from the house book, a floor plan from the BTI and an explication. In this case, the court establishes the procedure for the use of residential space.
After the court makes a decision, you need to contact the Housing Office to separate utility bills.

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During the privatization of the 90s, in the vast majority of cases, all the people registered in the apartment became the owners. But time goes by and it turns out that strangers live in the same living space. Square meters become the object of proceedings in the event of a divorce of spouses. Often there is no other way out but to share a privatized apartment.

When is partition possible and when not?

Virtually any housing that can be privatized can be divided. Those objects that are not subject to division will be listed somewhat below.

Apartments, which are subject to division, can be divided into only two groups:

• municipal housing that has passed into private ownership;
• apartments purchased on the primary market (all of them automatically become private property).

When transferring a state housing stock to private ownership, people choose the optimal form of registration (shared or joint ownership) (see the process of privatizing an apartment). Those who did not participate in this process are not entitled to a share in housing. As well as none of those who did not participate in the acquisition of new housing.

Attention! If minors participated in the privatization, and now it became necessary to divide the apartment, then their shares remain inviolable.

About what housing is not subject to division, says the Family Code. With the former municipal apartments, everything is simple - it must be divided between the owners. It does not matter if it is in shared ownership or in joint ownership. Those acquired later are subject to the following exceptions when they are not subject to division:

• the apartment was purchased by the spouses before the official registration of the relationship. It will become the sole property of the one who bought it;
• the apartment was privatized for one of the family members even before the others registered there;
• an apartment that is an inheritance or received under a donation agreement;
• the housing that was purchased for a minor and registered for him.

Attention! When it comes to the divorce of spouses, it is possible through the court to prove participation in the acquisition of housing (even if this was not recorded in any way) and, thereby, guarantee a share of the property. To do this, you will need to provide substantial evidence and enlist the support of experienced lawyers.

Also, one of those registered (not necessarily about spouses) can temporarily live in an apartment, even if the court left the housing in the personal property of another person during the division. The term of such residence can be set up to several years.

In reality, any living space can be divided without the participation of the judiciary. It is this development of events that is always considered as optimal. associated with less bureaucratic red tape.

People resort to the help of the court in search of justice, but often it is the decision that could not be made according to the law that reflects the most “honest” state of affairs. This is most often the case in divorce cases.

Out of court, the apartment can be divided as follows:

• claimants have agreed amicably and come to an agreement to share / benefit from rent, etc.;
• the apartment was sold and other housing was purchased with the proceeds to accommodate all participants;
• housing is sold and the proceeds are divided in agreed shares;
• one of the participants relinquishes ownership in exchange for monetary/other compensation;
• the apartment is divided in a “natural” way into several others (different entrances, internal partitions, etc.).

There are very individual cases when one of the owners has a more “moral” right to own housing, but cannot document this in any way. It is in such cases that it is recommended to negotiate.

Determination of ownership shares

The first step towards the division of the apartment will be a meeting of all the owners and the conclusion of an agreement on share proportions for it. As a rule, these are equal parts. The order is the following:

• the owners come to an agreement on the allocation of shares to each of them;
• in the regional chamber, a certificate of ownership is taken to confirm the property claims of interested parties;
• the agreement is certified by a notary (the above certificate and a privatization agreement will be required);
• the established shares must be registered with Rosreestr.

In fact, this is a key stage in the division of property. If people agree on the issue of shares, then the whole process ends here. If there is no consent, then, as a rule, people go to court.

The next step will be to resolve the issue of paying utility bills. Before dividing a personal account in a privatized apartment, you will need to already have an agreement on shares in your hands. And only with him (used as a basis) already do the following steps:

• apply to the management company with a statement on the division of accounts;
• if a number of services are provided separately, then an application is written to each company (as a rule, this is payment of a gas bill).

Attention! The section of a single personal account may be denied on the basis of a number of reasons: the lack of isolated premises for each owner, the unacceptably small footage of the apartment itself, the kitchen in it, etc. This is due to the fact that such a division cannot, by law, be associated with a deterioration in the living conditions of any of the owners.

The following documents are required:

1. A statement drawn up in the name of the director of the Criminal Code / Housing Office with a request to send payments to individuals.
2. Passport.
3. Floor plan from BTI.
4. Help from the house book.
5. Documents confirming the solvency of each applicant (a person without income will be denied an individual personal account).

All this is supported by the statement-consent of the other tenants of the apartment.

Appeal to the court when dividing an apartment

If the decision on the shared division did not suit one of the parties, or it did not take place at all, then an appeal to the courts takes place. This will require:

• draw up a lawsuit in the district court, setting out in detail the grounds for their claims, as well as the impossibility of reaching an amicable agreement;
• state duty is paid;
• Attached are the available documents.

As for the documents, it is necessary to provide the most complete set of those. Each trial on this issue is unique, so the papers that will help prove the validity of claims in a particular case may be different. As a rule, the following list is attached to the application:

• title documents for property;
• documents confirming the right to a share in the apartment;
• floor plan;
• a project for its reconstruction / redevelopment;
• a decision to approve such;
• receipt for payment of state duty.

In addition, birth certificates of minor children, certificates of marriage, divorce, death, etc. will be important. - any papers that may defend your position on the division of the apartment.