What is “privatization” and why is it needed?
To find out whether a privatized apartment is divided during a divorce, you need to familiarize yourself with the concept and term. Housing privatization means a type of transaction on a free basis. The citizen is given the rights to the apartment, which is owned by the state.
Before moving in, a formal contract is concluded, which is classified as rental on social terms. Residents are not required to pay tax. One person can take part in privatization. The remaining residents have the right to write a refusal in favor of another person.
If the privatization procedure is not carried out, people will live in an apartment that belongs to the state or local authorities.
After divorce, spouses have no rights to litigate. This point is important to consider for all married couples who have not completed privatization.
Tip 1: How to take your share of the apartment
If your title document is a separation agreement between the spouses, and not a marriage contract, then notarization is not required. If you want to sell your share, you will have to take into account the pre-emptive right to purchase the share of each apartment owner. It is better to do this officially: notify the other owners in writing about the sale of your share and the terms of the transaction. Remember that you need to send a notice at least a month before the sale, because the state registrar will examine the documents you presented, evaluate the legality of the transaction and will require documents confirming that you have respected the right of pre-emption.
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When is division possible?
People often turn to lawyers who want to know how a privatized apartment is divided during a divorce. The separation process is carried out only in individual cases. In order to have legal grounds for going to court, it is necessary to formalize privatization and have two equal parts and shares of housing.
When the divorce process occurs, it is necessary to establish the legal part of each. To do this, you need to take into account all the provisions and rights specified in the documentation. When spouses divorce, people often face a situation where they have children together. They can be included in documents. The division of property during a divorce becomes difficult because the state always takes the side of minor citizens.
When investing financial resources, the market value of housing increases. If one of the spouses does not have property rights, but has invested money in decorative finishing and other consumer goods, then it is necessary to provide evidence in court and calculate all expenses.
The judge will carefully evaluate all the arguments and make a decision on division. To allocate shares to a citizen in a privatized apartment, the size of his financial investments is taken into account. They will be proportionate to the share.
Sell a share in an apartment
In a privatized apartment, it is just as possible to sell an existing share as in apartments received by inheritance, by court decision, by deed of gift, etc. Even if such a share is not allocated in kind. A completely different question is how will the buyer use the purchased share if it is not determined what to use? But there is a reasonable answer - the buyer buys such a share at approximately half the market price and plans his further actions himself. If it is a third party. If the buyer is a co-owner in the same privatized apartment and buys a share in order to own the entire apartment as private property (solely), the price for such a share may even be higher than the market price. Therefore, you can sell a share in a privatized apartment, but at what price you need to think seriously before offering it to your neighbors or putting it up for sale.
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Division of property by mutual agreement or marriage contract
The mutual agreement has a pragmatic purpose. In this case, all acquired property during the marriage is divided. A marriage contract is drawn up to redefine the principles of property relations between spouses. Here you can indicate the rights of everyone if a situation arises when a divorce is required. When all controversial issues are resolved, after the divorce each party should have no claims left.
The list of property is not always specified in the marriage contract. You can only determine the type of claim rights. The contract often covers specific periods of time.
During a divorce, property can be divided by mutual consent. To do this, you need to draw up an agreement. For a document to have legal force, it is necessary to take into account the requirements of the Civil Code. Mandatory elements of the agreement for mutual division of property:
- Registration details of spouses. This includes information from your passport.
- Indication of status. Whether the spouses were previously married or are still in the process of divorce.
- Subject of the agreement. This includes the legal assessment of a privatized apartment.
- Register of property for division. It is necessary to indicate the price of the share, as well as the cost of the entire apartment.
- The name of the city where the property was registered.
- Signatures of each participant in the transaction.
You can draw up a contract for voluntary separation before the actual divorce or after. When the spouses have already divorced and the division of the privatized apartment has not been carried out, the document can be signed within the next three years.
Registration of division through the court
If housing is privatized, it is property according to current legislation. In case of divorce, the division will not be valid. The number of children will not be taken into account in court. To go to court to defend your own interests, you need to contact an experienced lawyer.
The spouse will be able to receive his share of the property if he/she has done repair work in privatized housing, invested financial resources, carried out reconstruction or construction work at his own expense.
The size of the increase in cost must be taken into account. If a person provides all the necessary evidence and arguments in his favor, the privatized apartment will be divided after the divorce.
How is a privatized apartment registered for children divided?
Joint children can be included in the privatization documentation. Then the property will not be divided if it is registered in the name of a child. Minor citizens can exercise the right of immunity.
When the spouse, who is the owner, sells a privatized apartment, he can carry out the transaction even without the notarized consent of the second person. All funds he receives from the transaction will be divided and used at his own discretion.
How to formalize the division of an apartment through the court?
It is possible to resolve the issue of dividing an apartment through the court in a short time, in accordance with current legislation. Sometimes a dispute can drag on, and the spouses cannot independently make a compromise decision by mutual consent. In this case, you have to go to court.
Step by step procedure
When it is not possible to make a voluntary decision to comply with the section, you must write a statement and take it to the court office. Main stages:
- Preparation and formation of evidence. This includes documentation that can confirm ownership of housing. You can attach documents to speed up the mutual division of the apartment.
- Writing a claim and sending it to the court office. Here the situation is described in detail and the circumstances are outlined.
- Valuation of residential real estate. To do this, you need to contact specialists who can perform all operations and calculations in accordance with current legislation.
- Payment of state duty. The financial transaction is carried out through a bank cash desk or terminal so that the receipt is saved.
After collecting documents and making payment, a claim is filed with the judicial executive body. A person must come to court hearings. All changes in property rights undergo mandatory registration with the State Register. All court decisions are enforceable.
Rules for writing a statement of claim
When there is no voluntary agreement, the apartment can be divided between spouses only in court, in accordance with the current legislation of the Russian Federation. Claims from citizens are considered by the city or magistrate court. When filing, you need to take into account the value of the property that needs to be divided.
The statement of claim is drawn up in the number of copies corresponding to the participants. One must be sent to court, the other is provided to the defendant, and the third to the plaintiff. The claim must describe in detail the characteristics of the property and list the amount to be divided.
It is important to cite the circumstances that contributed to the partition. All the plaintiff's arguments must be confirmed. The application contains requirements that must not violate current legislation. The claim must be accompanied by a marriage registration certificate and the number of children living in the privatized apartment. They are also listed in the claim and provided with birth certificates.
All documentation for the trial is provided only in originals. Copies can be made, but they must be properly certified. You need to contact a notary office or other organizations that have permission to certify documents. The originals that were submitted to the court will be returned after the judge’s decision comes into force according to the plaintiff’s application.
The statement of claim is written according to a strictly established template. It is strictly forbidden to use free form of writing, as well as any changes in the content. If the claim does not meet the established requirements, I will not accept it. The person will receive a refusal from the court office. When returning the document to the plaintiff, he will be pointed out all the shortcomings and shortcomings.
To avoid negative consequences, when independently preparing a statement of claim for the division of a privatized apartment during a divorce, you need to use the sample and study all the recommendations of experienced lawyers. When drawing up an application, indicate the full name of the judicial body to which the claim will be filed.
Additionally, information is provided for each party, all co-owners of the privatized apartment. In order for the court to make a decision, all claims must be substantiated and evidence provided. A detailed description of all the circumstances that arose during the division of property is prescribed.
Sample statement of claim for division of a privatized apartment
By following the link you can file a claim for the division of a privatized apartment.
Where should I apply?
The real estate market has high prices for apartments. You must submit your application at your place of registration and residence. First you need to study the documents, inventory value.
When filing an appeal and resolving a dispute through the court, it is necessary to take into account not the full cost of the apartment, but only part of the legal share. The average period for consideration of one case is 1-2 months. Time may increase when additional expert assessment is required. To do this, you need to contact specialists who handle all the calculations and estimate the cost of part of the apartment. All calculations are documented on documentation.
How to find out your share in a privatized apartment?
If you want to determine your share in privatized residential real estate, you cannot do without answering the question: how are shares in a privatized apartment determined by law?
This is not difficult to do, especially when it comes to litigation. As a rule, the court divides residential real estate in equal shares between the owners (Chapter 16 of the Civil Code of the Russian Federation; Federal Law-1541 of July 4, 1991 “On the privatization of residential property in the Russian Federation”; Chapter 2 and Article 18 of the Civil Code of the Russian Federation). But sometimes the share of a particular citizen in an apartment can be increased if he can prove that it was he who invested the most funds in privatized real estate, which was until that moment in common ownership (according to Article 245 of the Civil Code of the Russian Federation).
Important: As soon as the division of a privatized apartment into shares is completed, the newly-minted co-owner has the right to insist on separating his part of the real estate from the common property.
