Features of transferring social housing into ownership. Rights if the apartment is privatized in equal shares for three people

Article current as of: May 2021

The state has provided every resident of our country with the opportunity to register a state or municipal apartment once free of charge. Most people have already successfully taken advantage of this right, turning from simple tenants into full-fledged owners of their homes. Most often these are entire families living together in one apartment. In this case, the apartment is usually registered for all members of this family. Only then do they have questions: if the apartment is privatized for three, who is its owner and why? In our article we will try to answer it in detail, and also look at specific examples.

If the apartment is state-owned, who can be its owner?

Owning a home means that you can take it and sell it, renovate it with redevelopment, mortgage it to the bank, etc. After privatization, all these “carrots” go to the new owner or owners.

All those who live in non-privatized housing are naturally concerned about the question of who owns such rights.

According to the law, the owners of this living space are:

  • government bodies represented by various departments, committees, and other departments;
  • local authorities (usually the administration).

If for some reason you have not yet managed to register the apartment in your name, it is important for you to know who exactly exercises the powers of the owner in relation to it. This determines where exactly you will have to go to conclude a contract for the transfer of housing.

Is it possible to legally deprive an owner of his share in an apartment? The answer is in this video:

So, before privatization, all rights to housing belong to the state or municipality. But after it, the citizen living in it and his family become the full owner of the living space. How many people have concluded a privatization agreement - that is how many owners the apartment has. Each family has different relationships, but it is necessary to decide together how exactly to formalize it (for everyone or not). If someone in your family decides not to participate in privatization, make sure that they fully understand what step they are taking. This will avoid further resentment and dissatisfaction regarding this matter. Family is the most precious thing we have, so don’t let material squabbles destroy your relationships with your loved ones.

This is important to know: How to divide the order for a non-privatized apartment and for a privatized apartment

Read how shares in a privatized apartment are divided in this article.

For additional information on this issue, please see the “Privatization” section here.

Free legal support by phone:

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

Parties to the agreement

Evidence of a positive decision made by the local administration regarding the privatization of an object is considered to be the signing of an agreement on the transfer of ownership rights. This document is needed to re-register real estate; it confirms the moment of transfer of ownership from the municipal to a private fund.

The parties to the agreement are:

  1. Local administration, if the property was on their balance sheet.
  2. All privatizing persons who are granted ownership rights to a share in the premises.

It is important to stipulate in the contract:

  1. From whom property is transferred to whom. Information about all participants in the procedure is recorded here.
  2. On what basis did this right arise?
  3. In what shares is each participant allocated property?
  4. Responsibilities assigned to new owners.
  5. Legislative justification for the procedure.

The agreement is signed by all specified persons and a representative of the local administration.

Who is the owner of the apartment after privatization

Hello, in this article we will try to answer the question “Who is the owner of the apartment after privatization.” You can also consult with lawyers online for free directly on the website.

According to Article 32 of the Housing Code of the Russian Federation, residential premises can be seized from the owner by redemption in connection with the seizure of the corresponding land plot for municipal or city needs. By agreement with the owner of the residential premises, he may be provided with another residential premises in exchange for the seized residential premises, with its price offset against the redemption value.

The owner of a privatized apartment has the right to sell, rent, exchange, bequeath, donate, pledge and other transactions with property.5. There are several ways to become an owner at once: purchase, receipt as a gift, inheritance, privatization (paid and free).2.

Inheritance rights of a privatized apartment

If the last of the proposed options is chosen, then ownership will not be granted. In return, you will be given the right to live in this apartment indefinitely.

It follows from the above that in the process of privatization of housing, the owner of the property usually becomes not one, but several people. We can talk about two, three or more owners. As mentioned above, any of those who have the right to participate in this process have every right to refuse this and re-register the apartment to someone else.

There are cases when a registered minor is required to waive equity participation. For example, a child lives with his grandmother, recently took part in the privatization of her square meters and is the owner of ½ share.

The transfer of housing can occur either in equal shares, proportional to the number of privatization participants, or into the ownership of one of the family members, if the rest refuse, confirming this in writing. Any person can use the right of privatization once in his life. The exception is children: their right can be exercised twice - before they reach adulthood, and after. The process of privatization of apartments in Moscow and other Russian cities is a fairly simple procedure. But at the same time, there can often be several owners of such housing. And then the question arises about the division of jointly privatized property.

Conditions for transfer of ownership

The principles of privatization are expressed in two main points:

The desire to become a property owner must be expressed independently, without outside pressure. It’s hard to imagine a person who doesn’t want to get real estate for free. But there are many situations when, for one reason or another, living citizens refuse to become owners of square meters. The reasons can be both obvious and hidden motives.

Some residents, despite all their desire, will not be able to obtain the right to housing if they have previously participated in privatization.


Privatization of housing gives a person a huge number of advantages. After its completion, he can dispose of his share of the living space as he wishes; it can be exchanged, donated, sold, mortgaged, bequeathed, etc. Despite these undoubted advantages, there are also disadvantages - the right to participate in the procedure in the future is lost. This point is especially relevant in cases where many people are involved in privatization and a rather small share is allocated for each. By exercising the right to privatization, a citizen loses the opportunity to receive other assistance from the state in resolving the housing issue, which can also serve as a reason for refusal to participate.

This is important to know: Requirements for residential premises according to the Housing Code of the Russian Federation

Consent must be confirmed in writing. To do this, personal data is entered in the privatization application and a signature is affixed. The application itself must be accompanied by many documents that should be collected in advance, which also indirectly indicates the citizen’s desire to participate in the procedure, but this is confirmed by the personal signature in the application.

The refusal is also given in writing. To acquire the status of an official document, it must be notarized. The refusal may specify the person in whose favor it is made, or may not mention the transfer of rights to one’s share, which makes it possible to divide it in equal parts among all consonants.

Right to housing

Living in public housing, he had equal opportunities with other persons registered in the premises. But receiving a new status reduces him to an ordinary tenant. Everyone who privatized the property will have their legal shares and will be able to dispose of them, but those who refuse will only be able to use the living space on a general basis.

How is property divided into shares?

When checking the package of submitted documentation, the registrar makes a decision to accept the documents or refuse to continue the documentation.

Determining the procedure for using an apartment Your question: On May 7, 2014, a certificate was received for the right of common shared ownership, 1/4 of a share for each person in the order of privatization of the apartment.

Ownership of real estate not only gives rights and advantages to the owner of an apartment or room, but also imposes certain responsibilities on him. Compliance with them can become a serious counter-argument regarding whether or not to privatize housing.

This is a common situation, but you can do it differently. With the written consent of one or more participants, it can be transferred to another owner. Of course, this can only be done on a voluntary basis. What does having property rights to living space provide? At a minimum, it allows you to live in the apartment in question.

This condition leads to the fact that after re-registration of real estate, two, three, or even more people have shares in it. Apartments purchased privately usually have one owner.

At the time of privatization of the apartment, which is currently for sale, the minor child was registered in another apartment. Does he have any rights in a privatized apartment in which he was not registered at the time of privatization?

But there are many situations when, for one reason or another, living citizens refuse to become owners of square meters. The reasons can be both obvious and hidden motives.

Citizens who live in residential buildings that are not properly registered as property are deprived of the ability to actually dispose of their real estate.

For example, an apartment is registered in the name of a mother and daughter, as well as a grandson. The question of which of them is the owner is resolved in a similar way: all three will be owners with the same size of share in housing (unless they want to change the ratio of shares).

Thus, upon resettlement, you will be provided with equivalent living quarters or foreign currency compensation.

For example, an apartment is registered in the name of a mother and daughter, as well as a grandson. The question of which of them is the owner is resolved in a similar way: all three will be owners with the same size of share in housing (unless they want to change the ratio of shares).

In accordance with the Housing Code, in order to provide you with housing, you must be registered as needing housing improvement or can be recognized as needing such improvement. In this case, and only after making an appropriate decision to provide you with living space, you will be able to occupy it.

However, both the Housing Code and other regulations governing this area of ​​civil law relations provide that deregistration of persons permanently registered in an apartment, if they refuse voluntary deregistration, is possible only by court decision.

Refusal of registration

In cases where several people are participants in the privatization process, the registration procedure is not much different from the standard one. Moreover, for this program this order is considered more natural than sole ownership.

The privatization process generally looks like this:

  1. Documents are being collected.
  2. An application for privatization is being written.
  3. All forms are submitted to the Housing Policy Department for review.
  4. A decision is made to authorize or prohibit the procedure.
  5. If the verdict is positive, a contract for the transfer of ownership rights is concluded.
  6. State registration of real estate rights to it is carried out.

If there are three participants, the package of documents is formed from general forms and personal ones, which should be taken by each resident separately. This, of course, complicates the whole process, since it takes a lot of time to order, prepare and receive each piece of paper, and as a result, all of them must not only be correctly executed, but also not lose their validity period, if one has been established. Often, to simplify the procedure, two residents write powers of attorney for the third so that he can independently collect the forms.

What documents are required? To register the owner’s powers, it is necessary to provide a certain package of documents to the Rosreestr office. It is usually no different, and will definitely include:

  • application for registration;
  • applicant's passport;
  • an agreement from the administration that the premises have been privatized;
  • technical passport from BTI;
  • certificate of all those registered;
  • power of attorney, if the applicant acts not independently, but through a representative;
  • receipt of payment of state duty.

Where to submit documents? Companies House is the main responsible body dealing with such issues. However, for the convenience of citizens, it is possible to submit documents in several places:

  • Multifunctional Center;
  • State Services portal on the Internet;
  • directly to the Rosreestr branch at the location of the property.

The Public Services portal eliminates standing in line and helps save a lot of time. However, you will still have to appear in person to receive your results with a full set of papers.

When can a certificate be refused? Refusal is often motivated by incomplete submission of documents or incorrect selection of documents.

Also, the papers may be expired. If the applicant corrects the problem, he will have the opportunity to apply again and successfully implement his plan.

The refusal is made in writing with the signatures of the responsible persons so that the applicant can know the reasons for it.

Unreasonable refusal is unacceptable, which is why the applicant should carefully consider this situation. A written explanation is required.

Who is the owner of the apartment during privatization

But in this case there is one important feature. The fact is that some operations can be performed only if the corresponding share is allocated in kind. This may not always be the case. To do this, you need to carry out the appropriate registration procedure.

Even if there is a large debt for utility services, the owner is evicted after a court decision, the apartment is sold and the remainder is transferred to the owner after the debts are paid.

However, information about the procedure carried out and the resulting agreement must be included in the cadastral records so that the legal owner of the apartment appears in the Unified Register of Property Rights Holders.

Owner of non-privatized housing

Civil passports of all family members over 14 years of age who are taking part in the procedure for re-registration of rights. Tenants of residential premises who live in apartments under a social tenancy agreement have the right to privatization. If this is a land plot - a lease agreement or an act of transfer of land for indefinite use. Based on these documents, a person has the right to become the owner of real estate.

This is important to know: Documents for privatization of an apartment in 2021, list through the MFC: how to apply

The desire to become a property owner must be expressed independently, without outside pressure. It’s hard to imagine a person who doesn’t want to get real estate for free.

Only those who took part in the procedure while underage will be able to receive real estate for free from the state a second time.

There is one peculiarity here. They will exercise their rights jointly, as well as fulfill their obligations to pay taxes, rent, etc. for the privatized apartment. If one of them subsequently wishes to sell his share, he must first offer to buy it to the others.

A commission specially organized by the court determined that the part of the apartments that belongs to Petrov is really insignificant, has no significant interest and cannot be separately allocated. Petrov did not dispute the commission’s assessment and, having received his monetary compensation, ceased to be the owner of a minor share.

Until about mid-1993, the privatization of residential premises by citizens was carried out in Russia completely officially without the mandatory inclusion of minor children in the number, since the norms of the law on privatization did not directly provide for such a rule, and the norms of the Housing Code on equal rights to residential premises for adult and minor members of the tenant's family were not taken into account.

An apartment can be transferred into common shared ownership, as well as into the ownership of one citizen living in it.

If for some reason you have not yet managed to register the apartment in your name, it is important for you to know who exactly exercises the powers of the owner in relation to it. This determines where exactly you will have to go to conclude a contract for the transfer of housing.

An article will be added soon - “The history of the apartment or how not to end up in a legal trap.”

But some restrictions are imposed on you on the rights to use and dispose of the apartment until the loan is fully repaid. All of them must be specified in your loan agreement, so at the stage of its conclusion it is better to familiarize yourself with these conditions more carefully.

This opinion of citizens - that the owner of a privatized apartment “can do everything”, and the person registered in it “can do nothing”, is a delusion.

This circumstance will not serve as a basis for canceling privatization or refusing it by authorized bodies. If the apartment is small in size and it is simply impossible for each owner to be allocated a separate isolated room, then allocating a share in kind is impossible.

First of all, we are talking only about those apartments for which a social rental agreement has been concluded. What is homeowners' shared ownership of housing? How to solve practical issues in such cases?

Registration services are subject to a state fee of two thousand rubles for each copy of the agreement.

Who is the owner?

Who is the owner of a privatized apartment? It is the one for whom the contract was drawn up through the administration who will own the object specified in it.

If the apartment is privatized for one person, it is obvious that

one person and will act as the legal owner

. Exactly this one

citizen becomes obliged

maintain, preserve the premises, pay all expenses for its improvement, repairs, etc.

However, he acquires a real and legally justified opportunity to independently dispose of the object, without coordinating his decisions with anyone. This includes the prospect of transferring property by inheritance, will, donation, sale, etc.

We invite you to read: Dispute with neighbors about the boundaries of a land plot in 2021: features of consideration, solution

The apartment is privatized for two, who is the owner? If the living space was privatized for two persons, then both will be owners in equal shares. This means the emergence of shared ownership and equal rights and responsibilities of two citizens.

Minor children must also consent to the procedure and, as a result, may become co-owners of the object.

If the apartment is privatized for three, who is the owner? The situation is similar with three persons.

Everyone will have a certain set of powers.

In addition, everyone will act as the legal owner of a share of the property.

The situation is the same with a large number of people.

If there were several registered, but someone voluntarily refused the opportunity to participate in privatization, he will not be included in the number of home owners.

Find out on our website whether it is possible to privatize only a share in an apartment, as well as whether it is possible to refuse participation in favor of children or parents.

An apartment privatized for three cannot have one owner. All citizens who took part in privatization are considered owners. But each of them does not own the entire apartment, but only his share. When conducting state registration, on the basis of a contract for the transfer of rights, each of the participants is allocated their own part of the property. At the same time, the apartment will have common areas - kitchen, toilet, bathroom, hallway and private space.

The owner is given the right to dispose of his part without regard to the wishes of other co-owners. But this does not cancel the right of first refusal, which obliges the seller of the share, first of all, to offer living space to his neighbors, and only then, if they refuse, to sell it to other persons. But he can give or bequeath his part at his own discretion.

Who becomes the owner when an apartment is privatized?

Hello, in this article we will try to answer the question “Who becomes the owner when an apartment is privatized.” You can also consult with lawyers online for free directly on the website.

In this case, it is necessary to prove that “N” no longer has the right to privatization (applies only to the case when “N” moved from one subject of the Russian Federation to another after 07/01/1991).

In the event of the sale of his share, any co-owner must notify the others about such sale and invite them to exercise the preemptive right to purchase the share.

Selling a share

If the owner of a share wants to sell it, how should he proceed? For example, housing is privatized for three people. There are certain restrictions here, but they boil down to the fact that other owners have a preemptive right to purchase the share that is being sold.

  1. First, you will need to assess the market value of the existing share of privatized housing. To do this, you will need to contact specialists in the relevant field of activity. Knowing the exact market price of the property, it will be easier to decide on future plans.
  2. Other apartment owners, by law, have a priority right to buy out the share. It must be recorded in writing that the offer has been made. To do this, such a proposal must be formulated with the help of a notary.
  3. You must offer a share for sale in such a way that it is documented. One way to do this is to send a registered letter with documents.
  4. If a written response has been made, then this can be discussed further. If there is no answer, there is no need to wait indefinitely; the maximum period is one month.
  5. If the offer to sell is accepted, then the transaction itself takes place. If no takers are found, an offer to sell to third parties is made under the same conditions.

You need to understand that if the sale was carried out in violation of the requirements of the law, then interested parties may subsequently sue to terminate the concluded transaction and the re-registration of the owners’ share may become invalid.

To whom and how can you privatize an apartment?

Reprinting, as well as other use of information and texts from this site is prohibited without obtaining the written consent of a lawyer. The information and texts posted on the site are not advertising in nature. Privatization of apartments is free and voluntary. Not all housing can be privatized. Only those who are registered in the apartment on a permanent basis have the right to privatization.

In this situation, it is not clear what and how documents ended up in the sister’s hands. After all, a certain room has been registered for you in the Real Estate Department. There are several options for the situation: if two certificates were issued for the same room, then the registrar is at fault; if your room is larger in area, the registration is correct, then ask your neighbor questions; if the realtor is at fault, then all questions should be addressed to him.

Officially, no one has the right to prohibit the privatization of real estate ownership. But every government agency can refuse to issue documents, but must justify it. That is, the incompleteness of the documents provided is considered an obstacle to privatization. Everyone can do this only once in their life, and children who participated in privatization together with their parents will be able to exercise their legal right once again after reaching the age of 18. According to current legislation, privatization is now free, but only until March 1, 2017 (according to Federal Law No. 19 of February 28, 2016). There is no talk of extending the deadline yet again.

Timing and cost

The waiting period for the result depends on the choice of place for submitting the application. The fastest way will be to register through the Registration Chamber and the MFC. Here the terms are almost the same and amount to a maximum of 14 days. When applying through the State Services portal, the period may increase by 2-3 days

The waiting period may be shorter.

It all depends on the availability of a queue for such registration and the workload of employees.

Before receiving a certificate, you must pay a state fee of 2 thousand rubles.

However, this payment is the only mandatory one in this process.

There are no taxes or other additional expenses. However, some costs may be incurred at the request of the applicant. For example, when paying for the services of an MFC or a representative acting by proxy.

Find out whether it is profitable to privatize an apartment through a realtor.

What documents are issued as a result? The final confirmation of registration will be a certificate of registration of rights. It is issued on a special form and contains basic information about the object and the owner.

When changing the latter, it is necessary to reflect this in the certificate. This document is considered one of the mandatory documents in almost all real estate transactions.

Who has the right to privatize an apartment and who is excluded from privatization

If the apartment is privatized for three, the procedure is similar. However, the allocation of shares is mandatory here.

Having written a refusal to participate in the privatization process, a person can continue to live in the apartment if he has permanent registration. A problem may arise when selling the apartment, because without his consent to sign out, it will be impossible to sell the apartment.

To be able to transfer an apartment from state to private ownership, you need to know about some of the existing features.

In matters of property, a person always tries to be careful - this is a kind of confidence in the future. The privatization of housing has been talked about for several years, but people still do not understand the importance and advantages of this point.

Privatization process

  • privatize housing;
  • do not privatize housing;
  • refuse to participate in favor of other residents.

In the first of the cases under consideration, utility bills may change; on the other hand, as a result of the privatization procedure, the tenant will become the owner of the property. In the second case, you can simply not change anything. However, the period during which free privatization is permitted may expire, and it turns out that it will not be extended further.

When it comes to municipal real estate

Those close or distant relatives who are not registered have no relation to this apartment as an object of property and reside temporarily, but with the consent of the legal residents.

All questions regarding the procedure for privatizing an apartment and the existing nuances are reflected in the Federal Law “On the Privatization of Housing Stock,” adopted back in 1991.

If the privatization procedure by the tenant has already been started before his death, the tenant’s mother must immediately contact the MFC or BTI for further actions upon completion of privatization, since in this case the procedure for registering property rights is different than indicated above.

The shared type of privatization of living space provides the opportunity for each resident to dispose of their share of the property at their own discretion.

This is important to know: Is it possible to exchange a municipal apartment without privatization?

Transfer of shares by inheritance

Like any property, a share in a privatized apartment can be transferred by inheritance. Of course, the owner of each share can do this independently of the others.

Distribution between heirs during the privatization of an apartment occurs in accordance with the general rules.

All relatives of the testator are conditionally divided into queues. They differ in the degree of remoteness of relationship. If there is a will, privatized housing is distributed in accordance with it.

If it is not there, then all property is divided:

  1. Among the heirs of the first stage.
  2. If there is none of them, then all participants in the second stage receive the inheritance equally, and so on.

When transferring an inheritance, some of them (minors, disabled people and some other categories of relatives) are entitled to a mandatory share in the inheritance. If disputes arise, the owners will have to go to court to resolve them.

Who is the owner of the apartment after privatization

Despite how long ago the privatization of housing began, the procedure for registering ownership of apartments began rapidly only after 2008, when citizens of the Russian Federation were obliged to take ownership of real estate. This is how huge queues began to arise in government agencies and turmoil among the population, who, in principle, did not know or understand what this procedure provides.

Its size for the purchase of a domestic car or an imported car assembled in Russia can be 15-16%. The final interest rate is determined on an individual basis.

To summarize the information, in Marina Kudasheva’s situation, she will not be able to become a co-owner of the apartment, which means that her ex-husband will be able to forcibly evict her from the apartment through the court.

Depending on the brand of the car and the bank, the minimum and maximum loan amounts and requirements for collateral, including a guarantee, are determined. To confirm the financial solvency of the borrower, the bank requires a certificate of income in form 2-NDFL or in a form approved by the credit institution. Interest rate The interest rate on car loans averages 18-25%.

In addition, the court may decide to evict a person from an apartment if he constantly violates the rights of other people living there. To do this, it is necessary to provide the court with all the evidence of this in the form of certificates from residents and protocols from law enforcement agencies or the management company of the house about contacting them with complaints.

The abandonment of previously privatized housing is carried out voluntarily or in court. Often this method of resolving property disputes is used when it is necessary to restore the legal rights of residents that were erroneously or intentionally infringed during the initial privatization process.

Residential space is privatized in equal shares or for one owner (with the consent of all other residents).

Privatization of housing is not an easy process and requires large expenses, especially temporary ones. Therefore, the first step is to decide on the person who will go through all stages of collecting documents and confirming them. You can prepare all the resources yourself, or seek help from qualified specialists.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Step-by-step instructions for privatizing an apartment

If a citizen has registered privatization for himself within the framework established by law, subsequent marriage will not become a precedent for defining the apartment as jointly acquired property.

Let's consider the algorithm of actions of the privatization process. Initially, it is necessary to clarify whether all residents have the right to participate in privatization. All adults and minors who have permanent residence in the apartment have this right.

One of the key conditions for privatization is living in an apartment under a social tenancy agreement. Without this document, the privatization procedure will definitely be refused.

Sometimes it can be difficult to decide on privatization. Especially when it comes to one-room apartments. Cohabitants, sometimes not even relatives, hinder the process in every possible way.

The provided amount must be spent purposefully. The borrower is responsible for providing the bank with the necessary collateral and obtaining a Casco insurance policy from the credit institution’s partner company. General conditions for individuals A citizen must be an adult and fully capable.

In modern Russia there are many privatized apartments. However, this type of home ownership has its disadvantages. Problems may arise with privatized apartments located in a dilapidated building.

A tenant living in a non-privatized apartment on the basis of a social tenancy agreement acts as its tenant, not its owner.

Is the right to privatize an apartment completely lost if a person has already participated in the privatization of residential premises once?

Who has the right to privatize an apartment

Banks set requirements for total monthly income (usually at least 15 thousand rubles). There may be requirements for a minimum total work experience or length of service at the last place of work (respectively, no less than three/one year). For collateral The purchased car must be transferred to the bank.

A privatized apartment may become the subject of collateral, for example, when obtaining a loan. It is unlikely that it will be possible to carry out redevelopment in a non-privatized apartment, while the owner of a privatized home can do this with the permission of the relevant authorities.

Every Russian living in municipal housing can take advantage of the legal right granted to him and privatize an apartment. This right is secured by a specially developed and adopted law on privatization. Even in 2021, not all citizens are aware that such an opportunity is provided for housing stock owned by the state.

Another undeniable advantage is the ability to transfer an apartment that is personally owned to heirs. In the event of the death of a person living in municipal property, the apartment will be transferred back to the municipality. In addition, in case of failure to pay for municipal housing, a citizen can easily be evicted, but it is extremely difficult to evict someone from their own apartment, even for debts.

Do you have any questions? Our lawyer will help you for free!

Sometimes in practice very complex legal conflicts arise with the privatization of housing and its consequences. One such question turned out to be very interesting, since it touched on several main points in the privatization of residential premises provided for by Russian legislation.

We don't have children. I used to take part and had a share in my parents’ apartment, which was privatized together with me. I later sold this share. I was 20 years old then. Now the ex-husband wants to sell the apartment and has decided to privatize it all for himself. He suggests that I just check out and move out of the apartment.

If the person who refused lives in the apartment and/or pays utility bills for the apartment, then the legislator has provided for this case that in such a situation the owners will forever remain with this person in a so-called “legal impasse” - they will not be able to do anything with him, It is useless to write it out in court.

If the apartment is privatized for two people, then it can be registered as joint ownership without allocating shares. A priori, this design implies half of the home ownership.

The concept of common shared ownership

The concept of common shared ownership implies that the apartment is privatized for two people, with each person’s shares defined in the agreement. This context implies that each of the participants owns half of the property, but which rooms and parts are not specified.

Typically, common shared ownership is registered if living space is privatized by two persons, no matter whether they are relatives, family members or have no relationship with each other. In accordance with the law, spouses are not required to determine who owns which room, but can use the entire area on a common basis. With this design, the living space can be disposed of within the boundaries established by law, with the consent of both co-owners to carry out a particular operation.

Having initially registered the property as common shared ownership, later, for example, during a divorce, you can decide who owns which room. If it is not possible to do this on your own, then the co-owners can resolve the dispute in court.

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