How to merge personal accounts
1. Order of the registered person and/or issuer to merge personal accounts, if there are several personal accounts in the register of one issuer, opened to the same registered person signed by the registered person or his authorized representative.
By a court decision in 1987, a 4-room apartment was divided into equal shares between the former spouses, as a result of which separate personal accounts were issued, i.e. formally the apartment does not belong to a communal apartment, but from a practice point of view, separate personal accounts and They say that the apartment is communal. This year, those living in this apartment applied to the KECH (in a closed military camp) with an application to merge their personal accounts, but they were refused.
What is a personal account
A personal account is a document that contains complete information about the payment of rent for a specific residential premises. The LS indicates the details of the person who owns the property. The separate code number is indicated on each receipt, in the upper corner of the receipt. Using this number, people can make payments through terminals and online banking.
If several people live in the housing, and not all users fulfill the obligation, the personal account can be divided. Or it can be combined to simplify the payment process.
Section of personal accounts in a privatized apartment
- A voluntary agreement is concluded between both parties, the main provisions of which they draw up independently on a contractual basis.
- The division is carried out in court, and the owners will have to comply with the court decision.
- the property must be divided into premises isolated from each other. At a minimum, one room is required;
- this room must correspond in size to the share of the individual who is making a claim to split the account. This is due to the fact that, based on current legislation, all residents have the same rights. In this case, it does not matter who is entered in the house register as a tenant and person responsible;
- the kitchen in the apartment should not be less than 6 sq.m.
How to properly divide a personal account in a privatized apartment
Often people living together have a question: how to divide a personal account in a privatized apartment ? This procedure is very insidious: on the one hand, it is quite simple, on the other, there are many subtleties that can derail the whole thing. This article is devoted to how to conduct the section correctly.
- To begin with, all apartment owners should transfer it to shared ownership (See What is the procedure for allocating a share in an apartment?). This is especially true if the housing belongs to spouses, since according to family law, everything acquired in the family is the joint property of the husband and wife. Therefore, the first step will be an agreement on the division of property. It is in writing and certified by a notary.
- Having divided the ownership of an apartment, the owners must obtain certificates for their shares from the Rosreestr authorities. It is based on their size that new personal accounts will be allocated.
- After this, the owners need to contact the company that provides utilities in the house. Each of them is provided with the following documents:
Conditions under which account merging is possible
Conditions under which account merging is possible
The most common situations are:
- purchasing several shares in an apartment,
- inheriting several shares,
- obtaining ownership rights to several parts of an apartment on different grounds (donation and privatization, purchase and inheritance, purchase and privatization, etc.)
- merging a personal account by decision of the owners (tenants).
Initially, different personal accounts can be issued when there are several owners or tenants. This situation may arise, for example, when purchasing an apartment using maternity capital. The intended use of such funds directly provides for the allocation of shares for each family member.
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On the contrary, the union of several employers or owners into one family involves the connection of personal accounts.
How to combine two personal accounts in a three-room privatized apartment
Hello! Please tell me how to combine two personal accounts in a three-room privatized apartment? We live in two rooms, my brother, my wife and two children each have 1/5 share and are registered there. The third room belongs to me, after the death of my father, I am the owner of this room. The parents were divorced, so the personal accounts were divided. Since January, the house management began to charge water supply fees to the extra person, citing that I am not registered in this room, what should I do, where should I go so as not to pay extra money for the apartment?
I'm afraid it won't be possible to merge these accounts. It would be optimal for you to close one of your personal accounts, that is, terminate one of the concluded utility contracts. This can be done in your case - the citizen who entered into such an agreement has died. We are talking about your father.
Consolidation of personal accounts in a privatized apartment
The financial-personal account contains information about the type and nature of the residential premises (individual apartment or communal apartment, its area and number of rooms, the floor where the apartment is located, the number of floors in a residential building, the degree of wear and tear of the house, etc.). It also provides information about the degree of improvement of the apartment and the utilities provided (is there central heating, running water, electricity, gas stove, gas water heater, sewerage system, bathtub, garbage chute, elevator, etc.). The financial and personal account contains information about all persons living in a given residential premises.
The division of personal accounts in municipal or privatized apartments within the framework of the housing legislation of the Russian Federation is defined as the allocation of a share in payment for residential premises and utilities and is carried out in court. The owner has the right to go to court, which must establish the procedure for paying for residential premises and utilities in proportion to the shares in ownership for each of the owners of the residential premises.
Common Mistakes
It is impossible to combine personal accounts if there are different forms of entitlement to the same apartment. For example, if part of the residential premises is privatized, but the other is not. The same thing happens if one part of the apartment is privately owned and the other part is municipally owned.
Only after the privatization of the remaining part of the apartment can the issue of merging accounts be resolved positively.
Inheritance of a share of an apartment that is in municipal ownership is impossible. The merging of personal accounts in the event of the death of one of the tenants occurs only in the presence of certain accompanying circumstances. This issue is regulated in detail by Art. 59 and art. 82 Housing Code of the Russian Federation.
Example No. 1 The Borschev mother and son lived in a municipal apartment. Personal accounts for utility bills were divided. The son, A.V. Borshchev, died and the mother, G.N. Borshchev, applied to the municipality to exercise the right to inherit part of her son and merge personal accounts for the apartment. Citizen Borshcheva’s application was denied, since according to the current standards she did not need an extension - she lived in the apartment alone after the death of her son. |
Example No. 2 The Egorovs’ spouses with their child and grandmother D.M. Ilyinskaya lived in a municipal apartment. After the death of Ilyinskaya D.M., the Egorovs turned to the housing organization with a request to annex the living space of the deceased. The Housing Policy Department found that they were entitled to such an area and the social tenancy agreement was changed. The personal account, in turn, was changed on the basis of a new agreement. |
Is it possible to combine personal accounts before paying off the mortgage on an apartment? Merging personal accounts in an apartment purchased on credit (mortgage) is not possible until full payment has been made. Only after the apartment has become the property of the family, it is necessary to decide who will be the nominal owner, arrange re-registration for one (for example, under a gift agreement) and as a result receive a single personal account.
How to combine personal accounts when selling (buying) an apartment? Consolidation of accounts for the purchase and sale of several shares in an apartment occurs by contacting the housing department or the EIRC for the new owner of the property. Based on documents confirming ownership, a single personal account is issued.
Is it necessary to combine personal accounts to privatize an apartment? Merging your personal account is not required. According to the social tenancy agreement, everyone registered in the residential premises will participate in privatization. If someone does not agree to participate in the privatization of an apartment, they write an official refusal.
Expert opinion
Kuzmin Ivan Timofeevich
Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.
What to do if the municipality is against merging accounts? Go to court and prove the feasibility of merging accounts.
How to combine personal accounts in an apartment
After the specified time, you will receive one rental agreement, in which there will be one responsible tenant. Apply with your passport and a new contract to a single settlement center and to the management company on whose balance sheet the house is located. These organizations will make the appropriate entries in the accounting books, and you will have a single personal account.
If your home is owned by several persons, submit an application to the BTI. You will receive new technical documents, on the basis of which a unified cadastral plan and passport will be drawn up. Take an extract from the cadastral passport and a copy of the cadastral plan. Submit these documents to the unified settlement center, write a statement from all owners, present your passport. All owners must be personally present when submitting an application to merge personal accounts.
Dividing a personal account in a privatized apartment into shares
The procedure for dividing accounts in an apartment that has been privatized always depends on which path the owners decide to take. Such an event involves several options for action, from which order will follow. Moreover, not every method has precise regulation by the legislator, since consideration of the issue of dividing accounts is a personal decision of the owners, and it will not always be regulated by regulations.
Separately, it is necessary to say about the reason why the owners generally come to the conclusion that it is necessary to divide the personal account in a privatized apartment. Most often, this is simply a desire to distribute financial responsibilities between the owners, so that each of them pays certain amounts for the shares that were privatized. Separate fulfillment of obligations in this case will also make it possible to distribute responsibility in case of delays in payments. The same principle can apply in the opposite situation, namely the merging of personal accounts.
Current standards
Current standards
The basic rules governing the rights and obligations of owners and tenants of residential premises are contained in the Housing Code of the Russian Federation dated No. 188-FZ (latest edition dated). The accounting and registration of real estate and the list of government bodies authorized to carry out such actions are regulated by Federal Law No. 218-FZ.
A review of certain controversial issues on the application of norms in judicial practice was approved by the Presidium of the Supreme Court of the Russian Federation from.
The process of real estate accounting, including the formation of personal accounts for residential properties, is contained in the Orders and Letters of the Rossreestr.
How to combine personal accounts in an apartment
How to combine personal accounts in an apartment Different personal accounts are issued if there are two or more owners or tenants in the apartment. When combining them into one family, the question arises of merging the personal account. To do this, you should collect a number of documents. Consolidation of persons is a very rare procedure; most often, separation occurs when housing is divided into parts.
In order to carry out this procedure fully, all participants, or rather owners, will need to transfer their residential property into shared ownership. This is not only a necessary part for allocating a share, but also quite convenient, for example, if the living space is owned by spouses.
When to merge personal accounts
In the modern world, real estate issues are almost in the first place.
Purchasing your own home is one of the main issues in life, but not everyone can afford the prices per square meter. Therefore, people often become the owners of not the entire apartment or house, but part of it - buying only one or two rooms. It’s good when the opportunity arises to gradually become the owner of the entire living space. But then many different legal issues arise regarding the registration of a single right of ownership of real estate and, as a consequence, the task of merging personal accounts in a communal apartment. This may be needed in cases such as:
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- Inheritance of a home by a daughter after divorced parents, who, although they lived in the same apartment, officially divided it into separate parts;
- Uniting several tenants or owners of living space into one family;
- Initial purchase of one, and subsequently purchase of the remaining rooms in the apartment;
- Exhibition for the simultaneous sale of an apartment purchased room by room.
All this forces property owners to turn to lawyers for advice on how to correctly draw up a document according to which they will be able to make all necessary payments.
Dividing a personal account in an apartment with shared ownership
Sometimes housing maintenance organizations groundlessly refuse to delimit drugs, or the home owners themselves cannot come to a compromise on this issue. In this case, the only way to distribute the load on the “utility” is to apply to the judicial authorities. Cases of this kind fall under the jurisdiction of justices of the peace and are non-property, therefore the amount of the state duty in accordance with the Tax Code of the Russian Federation will be 300 rubles for the initiator of the division. The jurisdiction of the case is determined according to the location of the apartment in which the drugs are to be divided. Along with the statement of claim, the judicial authority will need to provide certificates of ownership and technical documentation of the housing, as well as a receipt confirming payment of the state duty.
The Housing Code of the RSFSR, in force before the new Housing Code of the Russian Federation came into force in 2005, provided for a similar distinction. In particular, on the basis of Article 86 of this legislative act, which had already lost force, persons who were no longer relatives had the right to conclude a personal social rental agreement, according to which the subsequent division took place. In fact, this happened by dividing real estate in kind, provided that the area and technical characteristics of the premises allowed this to be done. Thus, an ordinary apartment turned into a communal one. But due to changes in the internal political course of the state aimed at eliminating such a phenomenon as communal apartments, there are no such provisions in the new Housing Code. However, the lack of regulatory standards has not reduced the urgency of the problem. However, in the current Housing Code of the Russian Federation there are no regulations that directly or indirectly prohibit the division of personal accounts for owners if such a need arises.
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