How to divide a non-privatized apartment. Section of a non-privatized apartment. The article describes the procedure for dividing a non-privatized apartment in different situations.

Where to get it

A warrant is issued on the basis of a social rental agreement for municipal housing or an employment contract with an organization, as well as upon receipt of the right to a hostel for full-time university students.
Persons who have received the right to social rent are issued a warrant upon signing a tenancy agreement at the housing committee of the local municipality.

For those receiving official housing, employees, career military personnel and university students, warrants are issued before moving in or at the personnel department, commissariat or dean's office of the university, respectively.

Concluding a social tenancy agreement does not always imply immediate occupancy in an apartment. The issuance of warrants and the occupancy of persons who have signed a social tenancy agreement in practice occurs as free rooms or apartments become available.

Receiving an order is carried out without a queue for the following persons:

disabled people;
old age pensioners;
large families;
military personnel and employees when moving to a new settlement with their families.

To obtain a warrant, military personnel must submit the following documents, in accordance with paragraph 32 of Government Decree No. 1054:

certificate of delivery of previous official housing;
certificate confirming the absence of a privatized apartment in the host city;
military ID;
copies of passports of all family members (for children - copies of birth certificates).

The received warrant gives the right to move in within the period specified in the document.

How to divide orders in a privatized apartment

The division of orders into several is often required in municipal apartments during divorce proceedings or if some residents wish to rent housing from the authorities under a separate agreement. This desire may arise due to:

systematic violation by neighbors of the rules of living in the apartment;
non-payment of utilities and other mandatory payments by neighbors;
desires of neighbors to privatize housing according to separate documents.

Splitting the order allows you to separate the activities of your roommates and be responsible only for your own actions.

To divide a collective order into individual ones, you must:

apply to the municipal housing committee with an application;
wait for a decision to be made (up to 10 days);
receive new orders.

When making a decision, municipal authorities evaluate the size of the isolated areas per family after the division of orders. The minimum area per person should not be less than 12 square meters. m.

Military personnel and enterprise employees living in official housing submit an application to the commandant of the military unit or the head of the personnel department, respectively.

The text of the statement states:

required number of orders instead of one;
the area per order after division;
a list of residents assigned to each of the orders;
the responsible employer of each order;
grounds for separation.

If the apartment has already been privatized into common ownership, then its division into shares by order allows residents of each isolated area of the apartment to receive separate bills for electricity and other utilities.

After the privatization of the apartment, the orders cease to be valid, but the apartment is divided into shares proportional to the living space indicated in the order.

Order for an Apartment

Among the documents for living space, the warrant occupies a special place. This document contains basic information about the residents and the square meters they occupy and, in some cases, allows you to restore title documents for housing.

What is an order and what does it look like?

An apartment warrant is a document that allows you to inspect the living space and move in. Before the collapse of the USSR, it was the main document giving the right to live in official housing.

Currently, a warrant is issued to a person who has received the right to reside in a municipal or service apartment for occupancy.

The order is an A4 document containing the following information:

Full name, series and number of the resident’s passport;
name of the authority that issued the warrant;
address of the housing location;
area provided;
a surname list of the resident's family members;
date of issue and expiration date.

The order consists of two parts - the main sheet and the tear-off spine, which remains with the authorized body that issued the document.

Where to get it

Persons who have received the right to social rent are issued a warrant upon signing a tenancy agreement at the housing committee of the local municipality.

Concluding a social tenancy agreement does not always imply immediate occupancy in an apartment. The issuance of warrants and the occupancy of persons who have signed a social tenancy agreement in practice occurs as free rooms or apartments become available.

Receiving an order is carried out without a queue for the following persons:

disabled people;
old age pensioners;
large families;
military personnel and employees when moving to a new settlement with their families.

To obtain a warrant, military personnel must submit the following documents, in accordance with paragraph 32 of Government Decree No. 1054:

certificate of delivery of previous official housing;
certificate confirming the absence of a privatized apartment in the host city;
military ID;
copies of passports of all family members (for children - copies of birth certificates).

The received warrant gives the right to move in within the period specified in the document.

How to recover

If the warrant is lost, it must be restored in order to use the residential premises legally. To restore, you should contact the authorized service where the tear-off counterfoil of the order is stored, with the following documents:

Russian passport;
a copy of the social tenancy agreement;
certificate from the house management.

Restoring the order takes 2-5 days, depending on the work of the authorized body that issued the residence permit.

If there are no other documents for the apartment besides the warrant, then the document is restored through the courts.

The absence of a social tenancy agreement is possible if you received an apartment in the period before 2001, when the only document for non-privatized housing in many municipalities was a warrant received from the enterprise. When going to court, you must present receipts for payment of utility bills and obtain testimony from neighboring witnesses confirming the plaintiff’s residence in the specified apartment.

How to divide orders in a privatized apartment

systematic violation by neighbors of the rules of living in the apartment;
non-payment of utilities and other mandatory payments by neighbors;
desires of neighbors to privatize housing according to separate documents.

Splitting the order allows you to separate the activities of your roommates and be responsible only for your own actions.

To divide a collective order into individual ones, you must:

apply to the municipal housing committee with an application;
wait for a decision to be made (up to 10 days);
receive new orders.

When making a decision, municipal authorities evaluate the size of the isolated areas per family after the division of orders. The minimum area per person should not be less than 12 square meters. m.

Military personnel and enterprise employees living in official housing submit an application to the commandant of the military unit or the head of the personnel department, respectively.

The text of the statement states:

required number of orders instead of one;
the area per order after division;
a list of residents assigned to each of the orders;
the responsible employer of each order;
grounds for separation.

After the privatization of the apartment, the orders cease to be valid, but the apartment is divided into shares proportional to the living space indicated in the order.

Obtaining an apartment by order

Checking into residential premises in the presence of a warrant occurs in the following order:

presentation of the warrant to the manager of residential premises;
payment for accommodation (if necessary);
inspection and acceptance of the premises according to the acceptance certificate with an inventory;
obtaining a document on the right of residence.

The warrant is presented to the commandant of a service or student dormitory, and in the case of municipal rentals, to the head of the housing management.

Payment for rental housing under an order can be differentiated according to the utilities actually consumed, when moving into municipal housing, or made in advance in the form of a single monthly payment - when moving into a service or student dormitory.

After submitting the warrant to the commandant, the occupant signs the acceptance certificate and 2 copies of the property inventory, keeping one for himself. The inventory contains a list of furniture and equipment in the residential premises being rented, as well as notes on the presence of cosmetic repairs (wallpaper, curtains, etc.).

When moving to another housing due to a move, a warrant for a new living space is not issued until the previous place of residence has been completely handed over according to the inventory. In case of loss or damage of part of the property, it is subject to compensation at the expense of the resident.

How to privatize an apartment without a warrant

Privatization of an apartment occurs on the basis of a decision of the local municipality, which is issued regardless of the presence of a warrant.

Only municipal housing space occupied under a social tenancy agreement can be privatized without a warrant.

Service housing and apartments for military personnel are privatized by order and in the presence of appropriate benefits for length of service.

To privatize an apartment without a warrant you should:

prepare documents for the apartment;
submit an application to the housing committee of the city administration;
obtain permission for privatization;
register ownership in Rosreestr.

To privatize an apartment, you will need a social tenancy agreement, a copy of your passport, as well as a purchase and sale agreement if the right to rent was acquired after 1992.

The application for privatization must indicate:

name of the circulation authority;
a list of all rights holders for the apartment by name;
start date of residence;
the type of law on the basis of which residential premises are occupied - municipal lease;
address of the apartment location;
cadastral number;
living and common areas;
number of rooms.

If the apartment has not yet been registered with the Unified State Register of Real Estate, then before privatization it is necessary to issue a technical passport.

In the absence of a warrant indicating the exact parameters of the living space, to obtain a technical passport, it is necessary to call specialists from the BTI to take measurements and draw up an explication plan.

After registration of the registration certificate, the apartment is registered with Rosreestr and assigned a permanent cadastral number.

Upon registration of the apartment and the availability of social tenancy rights, municipal authorities issue a permit for privatization. With this document, you must contact Rosreestr again, attaching a receipt for payment of the state duty (350 rubles), as well as the received registration certificate.

Watch the video for step-by-step instructions on how to privatize an apartment:

Question answer

Is a warrant a document of title? – Yes, it is, but only in the absence of other title documents. In case of social hiring, such a document is an agreement with the municipality.

Where is the apartment warrant kept? – The order is kept by the representative of the house management in case of social renting or by the commandant of the hostel when living in official housing.

How many warrants can there be for an apartment? – The number of warrants issued for one living space depends on the number of living families and cannot exceed the number of rooms in the apartment. One person can only have one residential warrant.

An order is a document indicating the existence of the right to reside in official or municipal housing and determining the period of residence and the number of square meters occupied. If title documents are lost, they can be restored using a warrant.

Source: https://Oformovich.ru/kvartira/order-na-kvartiru.html

Obtaining an apartment by order

Checking into residential premises in the presence of a warrant occurs in the following order:

presentation of the warrant to the manager of residential premises;
payment for accommodation (if necessary);
inspection and acceptance of the premises according to the acceptance certificate with an inventory;
obtaining a document on the right of residence.

The warrant is presented to the commandant of a service or student dormitory, and in the case of municipal rentals, to the head of the housing management.

After submitting the warrant to the commandant, the occupant signs the acceptance certificate and 2 copies of the property inventory, keeping one for himself. The inventory contains a list of furniture and equipment in the residential premises being rented, as well as notes on the presence of cosmetic repairs (wallpaper, curtains, etc.).

How to privatize an apartment without a warrant

Privatization of an apartment occurs on the basis of a decision of the local municipality, which is issued regardless of the presence of a warrant.

Only municipal housing space occupied under a social tenancy agreement can be privatized without a warrant.

Service housing and apartments for military personnel are privatized by order and in the presence of appropriate benefits for length of service.

To privatize an apartment without a warrant you should:

prepare documents for the apartment;
submit an application to the housing committee of the city administration;
obtain permission for privatization;
register ownership in Rosreestr.

To privatize an apartment, you will need a social tenancy agreement, a copy of your passport, as well as a purchase and sale agreement if the right to rent was acquired after 1992.

The application for privatization must indicate:

name of the circulation authority;
a list of all rights holders for the apartment by name;
start date of residence;
the type of law on the basis of which residential premises are occupied - municipal lease;
address of the apartment location;
cadastral number;
living and common areas;
number of rooms.

If the apartment has not yet been registered with the Unified State Register of Real Estate, then before privatization it is necessary to issue a technical passport.

After registration of the registration certificate, the apartment is registered with Rosreestr and assigned a permanent cadastral number.

Watch the video for step-by-step instructions on how to privatize an apartment:

What is an order and what does it look like?

An apartment warrant is a document that allows you to inspect the living space and move in. Before the collapse of the USSR, it was the main document giving the right to live in official housing.

Currently, a warrant is issued to a person who has received the right to reside in a municipal or service apartment for occupancy.

The order is an A4 document containing the following information:

Full name, series and number of the resident’s passport;
name of the authority that issued the warrant;
address of the housing location;
area provided;
a surname list of the resident's family members;
date of issue and expiration date.

This is important to know: Is it possible to divide a personal account in an apartment with shared ownership in 2021

The order consists of two parts - the main sheet and the tear-off spine, which remains with the authorized body that issued the document.

Why is the document needed? What does the sample look like?

In Soviet times, a warrant for an apartment was considered the only document certifying the right to use housing.

In that era, the concept of “private property” was relative.

Therefore, real estate was registered not in the name of a private person, but in the name of companies and organizations.

The owners were issued a simple certificate from the state. You can see a sample in the photo.

Now the document has lost its relevance - since 2005 it has been impossible to obtain a housing warrant.

However, this does not mean that the owners of such certificates do not need to keep it - without it, many legal transactions will become more complicated, including the privatization of housing.

In case of its absence, it will also be possible to conclude a new agreement. This paper is also necessary in the process of housing privatization.

How can I get a copy if it is lost?

Despite losing its relevance, the housing order is valid today and is still an important legal document.

It is impossible to privatize an apartment without a warrant.

What to do if the order for the apartment was lost?

It is necessary to start restoring it as soon as possible. Restoring the original is a complex procedure that often takes a long time.

To restore it, you need to take several steps:

apply for issuance to the repair and maintenance department; if the warrant is not stored there, then obtain a certificate of its absence from this organization;

make the same request to the district administration; write an application for concluding a social rental agreement; draw up an agreement with the help of a housing specialist; if you receive a refusal, demand that the agreement be signed in court;

contact the real estate department with a request for restoration;

apply for restoration to the multifunctional center, which is obliged to satisfy your request.

Call a lawyer

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How and where to get a warrant for an apartment in case of loss

If a document is lost or damaged, making it difficult to use, it should be restored.

This will be required provided that the owner of the premises:

did not formalize an agreement with the municipality;
did not receive a certificate of ownership.

To restore it, you should contact the Repair and Maintenance Company or the Housing and Maintenance Department servicing the building in which the interested person lives (see Forms for managing an apartment building). Submit an application to the authorized official to restore the document.

In any case, if the document is lost, a duplicate will not be issued, since the issuance of this document is currently terminated by this Housing Code.

Instead, the applicant receives not a duplicate of the document, but an extract with information:

time and place of issue of the document;
the person to whom it was registered;
other persons included in the document when receiving housing;
address of the location of the premises;
footage, number of rooms, etc.

The received certificate must be presented for its intended purpose.

If the requested information is not found in the designated organizations, the applicant receives a reasoned statement with a refusal.

With this extract, you need to go to the archives of the local administration and submit an application to search for archival data.

Information found in the archive is also documented in an official extract and certified by an authorized official. They are suitable for presentation for their intended purpose - for privatization or registration of social rent.

If the archive does not have the required information, the applicant will receive a reasoned refusal. In this case, it is permissible to apply to the court for recognition of the right to use the premises, followed by privatization or signing an agreement with the municipality.

To restore the legal capacity to dispose of the premises, they apply to the district court at the location of the building.

The statement of claim is accompanied by an extract from the apartment register, with confirmation of registration at the specified address and the refusal received in the administration archive.

Registration of privatization

Privatization is one of the few moments when a warrant is definitely needed.

This procedure requires submitting all documents for the property to the local administration, after which the state will issue a certificate of ownership.

What to do if you have lost it and want to privatize your home?

Is it necessary to restore such a certificate?

No, you don't have to restore it.

Of course, when submitting an application for privatization, you will be required to submit it.

However, in case of its absence, you just need to write a corresponding statement about its loss. Then the task of search and restoration will fall on the shoulders of civil servants who will conduct a search in the archives.

How to divide the order in a privatized and municipal apartment?

Sometimes it becomes necessary to divide property that you use jointly. Is it possible to get two or more warrants for one living space?

If the property has not yet been privatized, then the order needs to be changed. More precisely, this should have been done earlier.

Since the document has lost force since the entry into force of the new Housing Code of the Russian Federation, division of the order is no longer possible.

To share a municipal apartment that you use as a social tenancy, you can:

Conclude new social rent agreements in accordance with each citizen individually.

Or use your right of privatization, then the property will be divided among all residents

In this case, this document will not need to be divided, because in a privatized apartment the main document is a certificate, and from 2021 - an extract from the Cadastre!

Split an order for an apartment

Living together under the same roof of different family members, unfortunately, is not always comfortable. Discord and misunderstandings in the family sometimes lead to separation and division of property. But when it is not possible to move away and exchange one apartment for several separate and independent ones, then the need arises to at least divide the order for the apartment.

What does this division give?

Each apartment owner is assigned a part of it, as a result of which personal accounts can be divided. Then everyone pays for their part of the apartment.

Naturally, when a family is forced to resort to such a solution to conflict situations, the question arises of how to divide the order for an apartment .

Documents you will need

Document on ownership of the apartment
Technical certificate
Statement

It is worth drawing your attention to the fact that since March 1, 2005, it is possible to divide the order for an apartment only through the court; it would be more accurate to say that the order, in general, as such, is not divided. The court can simply determine the order and share of utility bills and rent costs, which everyone will pay in accordance with their share. That is, personal accounts will be divided, and accordingly, separate receipts will be received.

Please advise who is definitely in the know.:091:

My daughter (1.5 years old) and I are registered in a 3-room apartment. I registered her there myself without the consent of my parents. The apartment is not privatized. The warrant holder is my father. My mother and aunt (a sick person) also live there with him. My father does not allow my husband (officially married) and my child to live there because of his “character”. We no longer have enough money to rent housing.

We would like to issue a separate order for my daughter and I’s part of the area in order to undertake improvements and to privatize it; hand over later, for example. My father is a very aggressive person; he doesn’t want to privatize the entire apartment and won’t (he doesn’t care). I’m afraid that he won’t come with us to draw up documents either, although his assistance is required.

Please advise what to do? If it comes to court, how long will it take before the issue is resolved in our favor? What steps should I take?

How much does it cost (money) in reality?

(We have never been sued and have absolutely no extra money :()

THANK YOU SO MUCH in advance.

With the introduction of the new LCD from March 2005, the separation of orders (personal accounts) is not provided. In order to improve living conditions, each person registered must have at least 9 (10) sq.m of the total area.

You need to write a letter to the ZhO of your district and they will most likely write a letter with a negative answer. And then to court. But here you need a lawyer.

But it seems to me that if the order can be divided, then only with the consent of the responsible tenant.

After all, dividing an order does not involve division into shares, but the allocation of a room, which is not entirely clear how this will actually happen. Well, on top of everything else, orders have not been shared since 2005 (as LV says).

The fact of the matter is that the key word is “seems” :073:

They don't divide orders now.

Source: https://incossi.ru/razdelit-order-na-kvartiru/

What to do if a person is registered, but on paper he is not?

To get an answer to this question, you need to figure out what rights a person registered in an apartment has.

Such a citizen has equal rights to use real estate with other residents.

He retains this right regardless of whether the housing is privatized or becomes the property of another person - it will not be possible to deprive a person of the right to use it.

In another situation, when a person is included in the document, but is not registered, there is no right to claim a share when registering housing. Still, to prevent possible litigation in the future, it is necessary to obtain a written refusal from the citizen from privatization.

Is it possible to re-register from a deceased owner to yourself?

In this case, the main factor is family ties with the deceased owner. How to get a warrant for an apartment?

If you were related and your entry took place legally, then, according to Article 82 of the Housing Code, you have the right to demand recognition of yourself as a tenant under the contract instead of the deceased owner.

To do this, you need to contact the landlord with a request to conclude a new social tenancy agreement.

But only in your own name.

You may be refused , but a negative answer must have a legal basis.

It is important to understand that the landlord has the right to evict you under certain circumstances, for example if you are using the property for other purposes.

Therefore, before submitting an application, you need to eliminate violations, if any. This way you will increase your chances of transferring the premises to yourself without unnecessary delays.

Useful video

Watch an interesting video on the topic of our article:

Now the order has lost its relevance - since 2005 it was replaced by a social tenancy agreement.

However, if you received the premises before 2005, then this paper is necessary to resolve legal issues, including the privatization of housing.

Any jointly acquired property is subject to division, including residential premises. But a non-privatized apartment, which is not owned by a married couple, is not divided. Residents can only use it under a social tenancy agreement.

What you need to know when dividing a non-privatized apartment

When using a non-privatized apartment, a married couple must remember several features of its operation and division:

If one of the spouses is not registered in the apartment, regardless of registration or lack thereof of the other spouse, he does not have any rights to this residential premises during a divorce.
If a husband or wife refuses to participate in the privatization of real estate, they lose all rights to the apartment.
When spouses divorce, they do not have the right to demand an exchange of living space from the owner of the apartment, no matter who he is, no one is obliged to provide them with separate housing. Former spouses look for any option for exchange or division on their own.

In case of divorce and division of joint property, non-privatized residential premises will in any case remain the property of its owner (state, municipal authorities, etc.) and is not subject to division.

The only acceptable option in the vast majority of cases may be the privatization of the apartment followed by division into shares or sale and division of the proceeds.

The exchange of non-privatized residential premises is unlikely, since the former spouses will have to find such exchange options that would suit both parties, and they can only exchange for the same non-privatized apartments.

Read more: How to find out the size of a funded pension in Sberbank

How to split orders

My father is the owner of the apartment in which I am only registered.
Is it possible to split the orders and sell my part of the property? How to do this more correctly? Please clarify whether the apartment is privatized or not? If it was privatized, then when was the privatization, were you registered in it at the time of privatization, did you write a refusal?

According to current legislation, children do not have the right to the property of their parents. They can acquire this property after their death through legal inheritance.

According to Art. 60 IC RF

The child does not have the right of ownership of the parents' property, and the parents do not have the right of ownership of the child's property. Children and parents living together can own and use each other's property by mutual consent.

The apartment has been privatized. I probably didn’t write a refusal, because... was a child.

The apartment has been privatized. I probably didn’t write a refusal, because... was a child. Maria

Maria, please specify when the apartment was privatized, where you lived and were registered at the time of privatization? If you were registered in this apartment, you would have the right to privatization.

What if I don’t have the opportunity to live there? My father has a new wife, and she is, to put it mildly, no angel. And not gently - there were cases of attempted poisoning. What’s even worse is that she will be the heir if something “happens” to her father... Maria

Find out when privatization took place and why you were not included among the owners. Privatization can be challenged in court. This is the only way out for you. You have no right to your father’s property, alas, this is so.

Hello. The order is not divided. And since the owner is the father, you will not do anything without his consent.

But precisely if the owner.

He can give you part of the apartment. As it is, you have no rights to the apartment other than the right to live there.

Article 209. Contents of the right of ownership 1. The owner has the rights to own, use and dispose of his property. 2. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons, including alienating his property into the ownership of other persons, transferring it to them, while remaining the owner , the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in any other way.

Source

Status of a non-privatized apartment

Any apartment or residential building has its own owner. Such owners may be:

citizens;
organizations;
urban or rural settlement, region or state.

Legal entities have their own housing stock, residential premises from which are distributed among citizens in need of housing. In this case, the residential premises do not become property, but are transferred for indefinite use under a social tenancy agreement.

Previously, citizens could not obtain ownership or buy an apartment; they only had the right to use residential premises provided to them by the state or the organization in which they worked. Now the situation has changed dramatically: the state provides free apartments only to certain categories of citizens:

for the poor;
children left without parental care upon reaching adulthood;
those who lost their housing as a result of natural disasters or catastrophes.

Currently, there remains a small number of residential premises that citizens have not yet privatized for a variety of reasons; in such cases, the state still remains the owner of the housing, giving those registered there the right to indefinite use of apartments in the status of a tenant.

This status allows residents to use the apartment for living, but not to dispose of it in full, as full owners of privatized residential premises.

There is another category of apartments that citizens use under a social tenancy agreement: departmental housing. Such real estate is provided to employees of individual organizations for the duration of their work in the institution that owns the residential premises.

The legal basis for using departmental housing is similar to state housing, but there are differences: a citizen can use an apartment only as long as he works in the institution; after dismissal, he is obliged to leave it.

Non-privatized apartments used under a social tenancy agreement are divided into two different housing stocks:

Social housing . The apartment is provided to certain above-mentioned categories of citizens who have the right to do so.
Specialized . Such residential premises include departmental apartments, housing for military personnel, as well as those provided to refugees, displaced persons and other categories of citizens.

Division of a municipal apartment through the court: how to divide a municipal apartment between relatives

» Division of property » Division of a municipal apartment between relatives

The division of municipal housing between relatives may be required in different circumstances and, depending on them, it can occur on a voluntary basis or be decided through the court. Let's look at the features of this section and possible options.

How to divide a municipal apartment between relatives

Since the municipal apartment belongs not to the residents, but to the state, it is not possible to divide it in the same way as your own real estate. Therefore, only two options remain: exchange for another municipal apartment or privatization.

Exchange

A practically unrealistic option, although in theory it is possible. If residents for some reason can no longer or do not want to live together in one municipal apartment, they can try to divide it into two smaller ones.

To do this, you must first discuss this issue with each other so that no one has disagreements. If agreements are reached, the next step is to find suitable housing.

In theory, you can exchange one two-room municipal apartment for two one-room apartments, but in practice, finding suitable housing is almost impossible.

The queue for use is so long that any such property, as soon as it is vacated, is immediately transferred to new residents. Thus, if you are very lucky, you can make an exchange. But most often we have to move to plan B - privatization.

Example : There is a family with adult children who lives in a municipal apartment. Children do not want to live with their parents and ask to exchange their two-room home for two one-room ones.

They can find two suitable apartments owned by the state and send an application to the municipality, after which some leases are terminated, while others are signed and come into force.

Residents can move to new housing.

If we consider the process of dividing a municipal apartment between relatives, then privatization is perhaps the only truly feasible option.

The point is to privatize real estate by essentially buying it from the state for private use and then dividing it on a general basis. But the problem is that not all residents are always ready to go for privatization.

It is logical that all interested parties should have a certain amount that will need to be given to the state, without which privatization will not happen.

And it is also logical that if one of the parties nevertheless pays the full cost, then it will claim the entire property and is unlikely to want to share. And in such a situation, a trial or an agreement may be required.

Example : Residents of a municipal apartment agreed to privatize real estate. Each of them contributed an equal amount, which was used to register the apartment as shared ownership.

Then, according to the same agreement, they sell the property and divide the proceeds among themselves.

Alternatively, one party buys out their share from the other and becomes the full owner of the former municipal apartment.

In order for an apartment to be privatized, either the consent of all residents or the refusal of those who do not want privatization is required. In both cases there are no special problems.

If people agree to privatization and allocate the appropriate amount for this, they receive their share and in the future can dispose of it at their own discretion.

If some residents refuse privatization, then they do not participate in the procedure itself, but retain the right to live in the property on the same basis (that is, upon concluding a lease agreement and appropriate payment).

The worst option is when a person does not want privatization, but at the same time refuses to sign a waiver of privatization. The law provides for this possibility, but does not specify what other residents should do. In such a situation, you should go to court.

Example : 5 people live in a municipal apartment, 4 of whom want privatization and are ready to pay for it, and the fifth refuses to pay and at the same time does not want to sign the refusal.

In such a situation, the four of them can file a class action lawsuit against one. The more people are interested, the more likely it is that the court will side with the plaintiffs.

It is quite logical that the court is unlikely to approve the plaintiff’s demands if he is alone, against several tenants who do not want privatization.

Try to come to an agreement with the person. It is advisable to document the fact that he does not want privatization and does not want to write a refusal from it.
Draw up a statement of claim demanding to force the defendant to privatize the property or sign an official waiver.
Apply to the court.
Pay the state fee.
Wait for the meeting and decision.
Act in strict accordance with the decision received.

The statement of claim is drawn up according to the rules from Article 131 of the Code of Civil Procedure of the Russian Federation. The most important thing in such a document is: a description of the situation, an indication of the reasons why the plaintiff wants to privatize and divide the property, as well as for what reasons this is impossible. It is recommended to confirm any facts with documents.

statement of claim for the division of a municipal apartment between relatives

Documentation

The following must be attached to the claim:

Passports of all plaintiffs.
Receipt for payment of state duty.
Evidence that the plaintiff tried to resolve the problem out of court.
Evidence of why the plaintiff believes he has the right to make claims against the defendant.

Expenses

The state fee for filing applications of this type is 300 rubles (Article 333.19 of the Tax Code of the Russian Federation, subparagraph 3, paragraph 1). Additional costs are not implied, however, the plaintiff always has the right to receive assistance from a lawyer, which will also have to be spent separately.

Deadlines

You can file a claim at any time when the plaintiff receives the right to privatize an apartment, but does not receive such an opportunity. There is no statute of limitations in this case. It may take from 2 to 4 months to consider such an issue, then you will have to wait another 5 days after the meeting for a decision. And then another 1 month until it comes into force.

Both parties have the right to file an appeal within 1 month after receiving the court decision if they do not agree with it.

During the trial, the parties can reach an agreement and enter into a settlement agreement. Unlike a court decision, it is almost impossible to challenge such an agreement, therefore you should take such a measure only if all your requirements are met in full and you really agree to the deal. Otherwise, it is better to wait for the court's decision.

Counterclaim

It should also be taken into account that the defendant can put forward a counterclaim with its own demands, evidence and description of the situation. The court will consider both applications simultaneously and ultimately make a decision that suits everyone as much as possible (of course, within the framework of current legislation).

Division of a municipal apartment by agreement

This is a simpler option, when all parties interested in dividing a municipal apartment come to an agreement and draw up an agreement on how privatization will be carried out, when, who pays and how much, under what conditions and for what period, as well as what share they receive. The main rule for such agreements is that it must suit all parties. If at least one person is dissatisfied and refuses to sign the document, it cannot be notarized and, as a result, will not receive legal force.

Procedure

Discuss the division procedure and all the associated features between relatives living in the same municipal apartment.
Draw up an agreement indicating the interests of all parties and detailing what, how and when who should do it.
The more accurately all options, rights and responsibilities are described, the better.
With your application, contact a notary for certification.
Pay the state fee and notary services.
Following the points of the agreement, privatize and divide the property.

Agreement

There are no special requirements for such documents. The main thing is that the agreement considers the interests of all parties and provides as detailed a description as possible of all elements of the agreement.

Sample agreement on the division of a municipal apartment between relatives

Alternative section options

Direct division, in which the apartment is physically divided into several rooms, each of which receives a separate exit and all the necessary communications are almost never found. This can still be done when dividing a residential building, but not with an apartment, although there is no official prohibition. Therefore, when dividing real estate, they usually resort to other methods.

How is a non-privatized apartment divided during a divorce?

You can try to divide a non-privatized apartment in three ways:

exchange;
privatize and then divide;
obtain the right to use.

Exchange of a non-privatized apartment

What is meant by the words “exchange of living space”? Citizens who have started such an exchange must find two different non-privatized apartments whose residents want to “move in” with each other, obtain consent to such manipulations with housing from these residents, as well as from the owners of all apartments (state or local municipality) and then exchange one , a common apartment for spouses into two separate ones.

Previously, when all apartments were owned by the state, this method was very common, some managed to carry out double or triple exchanges, and entire chains of families were built who wanted to exchange apartments in various ways.

Currently, the problem of exchange is much more difficult to solve, since there are fewer and fewer non-privatized apartments every year, and the number of possible options is decreasing. In addition to the relatively small number of remaining non-privatized apartments, to carry out the exchange it is necessary to obtain the permission of the owner, conclude an exchange agreement, and then conclude a new lease agreement for each apartment participating in the exchange.

But, first of all, the mutual consent of the former spouses is necessary.

So, both spouses agree to the exchange, in which case they must perform the following actions:

Find exchange options that suit everyone.
Conclude an exchange agreement with counterparties.
Obtain the consent of the owners of all apartments participating in the exchange for the exchange.
Terminate all social rental agreements on the basis of which all exchange participants use residential premises.
Conclude new contracts.

Verbal agreement to exchange is not enough. Each apartment owner must give a written response on consent or refusal to exchange within ten working days from the moment the applicant filed a request.

The grounds for refusing to issue an exchange permit may be:

Conflict situation between homeowners and tenants. This could be a change in the conditions of use of the apartment, the tenant’s debt on utility bills, the owner’s intention to evict the tenants, etc.
Recognition of one (or more) of the exchanged apartments as unfit for habitation.
Any of the tenants or lessors disputes the right to use the residential premises.
The building in which any of the exchanged apartments is located will soon be demolished, or a major renovation or redevelopment is planned.
As a result of the exchange, a situation will arise where citizens with certain serious illnesses, for which they need a separate room, will have to live together with other residents.

For example, spouses Ekaterina and Nikolai live in a two-room non-privatized apartment. Ekaterina’s mother, a disabled person of the second group, diagnosed with tuberculosis, lives with them. She occupies a separate room, since according to the law, patients with such a diagnosis require a separate isolated room.

The couple decided to get a divorce and exchange the apartment, but the only exchange option they could find was to exchange the two-room apartment for a one-room apartment and a dorm room. Neither option is suitable in the case of this family, since when moving to a one-room apartment or room, Ekaterina will be forced to live with her sick mother in the same room.

Important. If minor children live in one of the residential premises planned for exchange, the consent of the guardianship authorities to such an exchange is required.

Russian legislation specifies a number of requirements that apply to real estate exchanged, namely:

It is possible to exchange an apartment used under a social tenancy agreement only for residential premises with the same legal status.
All housing participating in the exchange must belong to the same housing stock. For example, exchanging real estate from a social fund for an apartment from a special fund is unacceptable.
It is impossible to exchange an apartment or room for part of the premises in another apartment, or for premises that are not recognized as residential (kitchen, bathroom or utility room).
Each of the exchanged residential premises must comply with all sanitary standards.
The law does not allow exchanging for an adjacent room; any of the rooms intended for exchanging must be isolated.
It will not be possible to exchange an apartment if one of the spouses is forced to move to a room or apartment that does not take into account the space standards for each family member.

For example, if a mother and children have to move to an apartment whose living space per person is less than the standard, guardianship will not allow such an exchange.

Privatization and subsequent partition

A more acceptable option for dividing a non-privatized apartment is its privatization and subsequent division. The conditions under which this is possible are:

registration of both spouses in a divided apartment;
participation in the privatization of one and the other, only in this case they will receive the right of common shared ownership of residential premises.

In situations where, in addition to the husband and wife, other relatives are registered in the apartment, they all have the right to participate in the program in equal shares, and if they all agree to privatization, each will receive their share of the property, and the subsequent division will be implemented in proportion to the shares all residents of the apartment.

Read more: Inheritance of a land lease agreement

Important. Privatization is possible only with the consent of everyone registered in the residential premises.

Of course, one of the spouses can refuse privatization (a written, notarized refusal is required), in which case the second spouse will receive the residential premises as their own property.

For example, the K. spouses, living in a two-room non-privatized apartment, decided to get a divorce. Elena K. suggested that her husband privatize the apartment before the divorce in order to divide it after the divorce. Denis K. categorically refused to participate in privatization, and when his wife said that she would then register the apartment in her own name, he replied: “Do what you want.” However, he gave a written refusal to privatize Elena.

Elena K. privatized the apartment, which subsequently became her private property. During the subsequent divorce and division of joint property, Denis K. no longer had any right to either the apartment or its share and was forced to rent housing for a long time.

Right to use the apartment

In accordance with the Housing Code of the Russian Federation, all family members of the responsible tenant have the right to use it after divorce, including the ex-spouse. This means the following:

he can sublet it;
demand exchange of living quarters;
perform any actions with the residential premises that are available to the other spouse.

The only thing that can be changed after a divorce is the procedure for paying utility bills. After the divorce process, the second spouse is responsible for his share of the costs of maintaining the apartment and must comply with them. To do this, he can apply to the owner of the residential premises (landlord) with a request to divide the obligatory payments. In this case, the former spouses will receive two separate bills for payments, each will have to pay their part of the utility bills.

Important. A social tenancy agreement is concluded with one of the residents registered in the apartment, even if the spouses divorce.

Former spouses can enter into an agreement in which they agree on the procedure for using the real estate. In such an agreement, each spouse, if possible, is assigned a separate room, and a schedule or procedure for using utility rooms (bathroom, kitchen, loggia, storage room) is specified.

How to divide a non-privatized apartment

Applicant V.A.P. lives in a 3-room apartment with a total area of 66 sq.m. on social rental terms. His sister V.I.P, 46 years old, lives with him with her daughter, 22 years old. The apartment is non-privatized, the rooms are isolated. V.A.P. wants to privatize the apartment and has prepared a technical passport, but the sister does not give consent to privatization and at the same time she does not pay the rent. V.A.P. I heard that it is supposedly possible to divide personal accounts, and then privatize your part for subsequent sale. To do this, he intends to go to the Registration Chamber, where the division (allocation) of personal accounts will be carried out. It is necessary to invite technicians from the BTI and carry out the allocation of personal accounts.

Applicant's question: How can personal accounts in a municipal apartment be divided with the subsequent privatization of one's share?

Lawyer's answer

As a result of the conversation, the circumstances and documents in the case were clarified, in particular, whether the applicant tried to leave or agree with his sister on joint privatization for the subsequent sale and acquisition of a separate residential premises; who is the current tenant in charge, a copy of the apartment card was reviewed.

As can be seen from the content of this rule of law, privatization of residential premises is possible only with the obligatory consent to privatization of all adult members of the tenant’s family, including former members of the tenant’s family (Part 4 of Article 69 of the Housing Code of the Russian Federation). This rule of law does not establish any exceptions for family members living with the tenant, including those who previously participated in the privatization of other residential premises.

According to paragraph 2 of Art. 62 of the Housing Code of the Russian Federation, an independent subject of a contract for the social rental of residential premises cannot be non-isolated residential premises, premises for auxiliary use, as well as common property in an apartment building.

In addition, in paragraph 31 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated 02.07. 2009 No. 14 “On some issues that have arisen in judicial practice when applying the Housing Code of the Russian Federation” it is said that courts must keep in mind that the Housing Code of the Russian Federation does not contain rules on the right of a family member of a tenant of a residential premises to demand that the landlord change the contract social rental by concluding a separate social rental agreement with him. In this regard, the requirement of a family member of the tenant to conclude a separate rental agreement for residential premises with him (including taking into account the provisions of Article 5 of the Introductory Law and in relation to residential premises provided under a social rental agreement before March 1, 2005), based on the volume of housing The rights of the tenant and members of his family, defined by Article 67 of the Housing Code of the Russian Federation and paragraph 6 of the Model Social Tenancy Agreement for residential premises, approved by Decree of the Government of the Russian Federation of May 21, 2005 No. 315, are not subject to satisfaction.

Thus, from March 1, 2005 (the Housing Code of the Russian Federation came into force), the current housing legislation does not provide for the separation of personal accounts.

Previously Art. 86 of the Housing Code of the RSFSR established the right of an adult family member of the tenant to demand the conclusion of a separate rental agreement with him, if with the consent of the other adult family members living with him and in accordance with his share of the living space or taking into account the agreement on the procedure for using the residential premises. The current Housing Code of the Russian Federation contains Art. 82, which provides for changes to the social tenancy agreement for residential premises. But it has a fundamentally different content. It regulates the possibility of combining several social rental contracts when joining citizens living in the same apartment into one family; and also establishes the principle of replacement of employers.

From the words of V.A.P. It follows that previously his father was the responsible tenant, but after his death no one has yet.

All members of the tenant's family are jointly and severally liable and are required to pay rent for housing and utilities on time (Article 31, paragraph 5, part 3, article 67 of the Housing Code of the Russian Federation, paragraph 3 of Article 682 of the Civil Code of the Russian Federation).

As previously stated, Sister V.A.P. and her daughter do not pay rent or utilities. If payment is not made for more than six months, the tenant and his family members living with him may be evicted in court with the provision of another residential premises under a social tenancy agreement, the size of which corresponds to the size of the residential premises established for moving citizens into a dormitory (Article 90 of the Housing Code RF; clause 38 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14).

Since the payment in this case cannot be divided, V.A.P. it is necessary to pay housing and communal services in full, and then collect their shares from the sister and her daughter by way of recourse, since the debtor who has fulfilled a joint and several obligation has the right of recourse to the other debtors in equal shares, minus the share falling on himself (clause 1 part 2 article 325 of the Civil Code of the Russian Federation).

There are the following ways out of this situation.

Firstly, this is a housing exchange. According to Part 1 of Art. 72 of the Housing Code of the Russian Federation, the tenant of residential premises under a social tenancy agreement, with the consent in writing of the landlord and members of his family living with him, including temporarily absent members of his family, has the right to exchange the residential premises occupied by them for residential premises provided under a social tenancy agreement to another employer.

The landlord's refusal to give consent to the exchange of residential premises can be challenged by the tenant and members of his family in court according to the rules of claim proceedings (Part 3 of Article 72 of the RF Housing Code). Thus, V.A.P. You will need to find several options for exchanging housing, and then, if you cannot reach agreement with your sister, file a lawsuit in court, demanding a forced exchange of housing.

Secondly, V.A.P. you need to try to negotiate with your sister to agree to privatize the apartment in equal shares, and then sell your shares and leave. At the same time, it is necessary to remember about the pre-emptive right of purchase by other participants in shared ownership, Art. 250 Civil Code of the Russian Federation. If the sister gives consent to privatization, but in the future disputes arise about the procedure for using the apartment or about who owns this or that room, you can determine the procedure for using the apartment in an agreement, which is concluded in writing (Article 247 of the Civil Code of the Russian Federation). In case of failure to reach agreement on the procedure for using the property of V.A.P. has the right to file a claim in court to determine the procedure for using the property (apartment). Sample statements of claim are printed and handed over to the applicant.

Consultation given in November 2014.

How to divide a non-privatized apartment

In practice, the division of a non-privatized apartment means the division of personal accounts. The new Housing Code prohibits dividing personal accounts, so direct division of such apartments has become impossible. The motivation for this ban is the fact that separate personal accounts make apartments a kind of communal apartment, which was common practice in the early Soviet period.

Therefore, in the event of a divorce between spouses living in a non-privatized apartment, there are three options for division, which were discussed above. Let us dwell in more detail on the most acceptable of them - privatization, further division in shares or through sale and division of funds. The spouses will have to carry out several step-by-step actions before they can share the living space.

The first stage will be privatization. The first thing to be done in the privatization process is to obtain the consent of all family members. For minor children, such consent is given by their legal representatives. Then the remaining documents must be collected and an application for free transfer of ownership of the residential premises must be submitted. The application is submitted to local authorities or the Housing Policy Department. The best option would be to register the residential premises as common property.

Further actions of the spouses can occur in two ways.

Allocation of shares in kind. With this option of division, from one residential premises, privatized into common ownership, two (or more) real estate objects are allocated, each of which will have its own owner. In fact, a separate apartment becomes communal, with each owner having his own room (several rooms), and premises that cannot be divided (common areas such as a kitchen, bathroom, hallway, etc.) remain in the common use of each of them owners.
Sale of an apartment and division of proceeds. Not every privatized apartment can be divided in kind; for example, when dividing a one-room apartment, this is impossible. The only option remains: to sell the residential premises, subsequently dividing the money received for the apartment equally.

This option is not possible if the family has minor children and the spouses do not have alternative housing. The guardianship authorities will not give permission to sell the apartment.

Before starting the division of a non-privatized apartment, it is advisable for spouses to think about everything and weigh: what result will suit each of them. Then, based on the chosen section option, in order not to make annoying and sometimes irreparable mistakes, it is better to seek advice from a specialized specialist, taking with you the following documents:

certificate of registration and composition of family members;
a copy of the social tenancy agreement;
a detailed plan of the apartment (you can provide a hand-drawn plan, the main thing is that it shows all the available rooms, the location of windows, doors and the area of each room).

Is it possible to divide a non-privatized apartment through the court?

During a divorce, there are often situations where mutual accusations and an already tense atmosphere do not allow spouses to make correct and informed decisions. Nobody wants to give in; there is no agreement on any issue. What remains is an attempt to solve the problem through the courts.

But if when dividing a residential premises that is jointly owned by spouses, everything is more or less clear, then the division or exchange of a non-privatized apartment is a rather long and complex process, since the court must take into account the interests of all family members. This is especially true for families where there are minor children or other incapacitated family members. In such cases, the court involves the guardianship and trusteeship authorities to participate in the process.

Of course, with a certain persistence and desire, it is possible to divide a non-privatized apartment through the court, but most often this division does not happen the way the plaintiff would like; legal proceedings last for years and require the investment of huge funds, effort, time and nerves. As a result, the division will occur according to one of the options described above, since there are no others.

The best way to avoid problems with the division or exchange of a non-privatized apartment is the help of a specialist. Usually, when such or similar situations occur, people who are inexperienced in legal matters are at a loss and do not know where to start, who to contact, or what documents to collect. Sometimes they take many unnecessary and incorrect steps, some of which are subsequently difficult, and sometimes impossible, to correct.

This is important to know: Application for privatization of an apartment: where is it stored and how to receive it

An experienced lawyer is always ready to offer several options for getting out of this situation; all you have to do is choose the most optimal one for you.

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Exchange

Documentation

Expenses

Deadlines

Counterclaim

Division of a municipal apartment by agreement

Procedure

Agreement

Alternative section options

How is a non-privatized apartment divided during a divorce?

Exchange of a non-privatized apartment

Privatization and subsequent partition

Right to use the apartment

How to divide a non-privatized apartment

How to divide a non-privatized apartment

Is it possible to divide a non-privatized apartment through the court?