the growth is often due to the division of flats among several heirs, in case of divorce or when the square meters just give. In the end, one apartment is a few owners, often quite foreign to each other people. Some of them in this apartment lives, and someone this share that it will not settle. Seldom who of such co-owners cannot agree amicably, to sell a stake, on which it is impossible to live with someone who already lives in the apartment.
Therefore, the explanation of Judicial Board on civil cases of the Supreme court of the Russian Federation about the conditions under which the owner of the greater part of the apartment can forcibly buy out the other owners for their small share, can help very many people.
Our story began in the usual city apartment, where he lived with wife and their little daughter. This two bedroom apartment has been privatized equally on the man and his mother. Later his mother share sold. Son with his wife and child remained half three-pointers. But in fact, they occupied two separate rooms. The other half of the apartment was owned by a certain citizen, which the other half bought. To live in the apartment he didn’t plan through the gift agreement sold his part of the “in pieces” three different citizens.Once living in the apartment the family has known about this “gift”, they began to ask the new neighbors to sell them their meters. But to negotiate the price failed.
Then the family went to the district court with the claim in which asked to recognize the share of the new co-owners of the minor, to terminate their right of ownership, to pay them the market value of a share.
In district court, the family simply refused. Then those stubbornly moved on. The city court considered that the plaintiffs claim is substantiated, and upheld the claim. The appeal came to the conclusion that the share of each of the minor defendants, to give them an isolated dwelling, proportionate to their share, it is impossible. To negotiate the right to use the apartment the parties failed. The defendants in it are not registered, live in another place, and they have another dwelling in the property. And all the above is enough to meet the demands of a family with a child.
Then the new owners tried to challenge the decision of the court. In the Supreme court of the Russian Federation. There they insisted that the apartment they need, and the cost of the shares submitted by the appraiser was too low. However, an examination of why something is not requested.
But the Judicial Board on civil cases of the Supreme court sided with the appeals, taking the position correct. Sun recalled article 252 of the Civil code, which clarifies when you can get the owner of a small percentage to sell it at market value without it consent.
But what proportion was insignificant? That which in reality cannot be singled out. And even if the owner is not interested in using the common property. Need the owner his share or not, is decided in each case separately, said the Judicial Board on civil cases. But taken into account the age of the person in question, his state of health, profession, the presence of his children and many other circumstances.
the Supreme court has explained how the lack of interest in the use of a house from the owner a small percentage. Is information about the presence of his other properties (evidenced by an extract from the egrn). Need and evidence that the disputed apartment owner share ever lived. It is necessary to provide the court documents that the owners fully bear the costs of the apartment. Has value and degree of relationship.Possibility of allocation of the share in kind is assessed on the basis of the total area of the disputed object, the number of rooms and the possibility of separation of the isolated room. The claim of the co-owners can be satisfied only if the share of the “extra” roommate is so small that can not be allocated in a separate room.
this year, the act which the owners of shares should be aware of. Talking about microcash. The share in the apartment under this law can now be implemented only if its square corresponds to the prescribed norm. Previously, it was possible to sell even half a meter, it is now prohibited.
the Possibility of carrying out transactions microdose gave birth to a lot of fraudulent schemes. Had to develop a special law. According to him the share in the common ownership of the apartment can be educated and alienated only if its total size will allow the owner to enter the premises and to live in it. If the proportion is less than this norm – the sale transaction to fail. The rate is set separately by the authorities of each region of the Russian Federation.