Often there are situations when people who do not have family ties or good relationships live in the same house. This leads to constant conflicts, therefore, citizens often think about how to split a personal account in an apartment. The need for the process may arise if one of the residents refuses to transfer funds for the use of utilities. The process can be carried out through the Criminal Code or the court.
Personal account concept
A personal account is assigned to each property, therefore, it does not take into account how many people live in this room. With the owner is only a contract for the maintenance of the facility.
The personal account does not change after the privatization of the municipal apartment, therefore, no changes are made to the service contract. Even after the sale of the object, this agreement does not change , as the owner only corresponded, after which his name F. I. O. is reflected in the receipts
It is the owner of the object that must deal with the maintenance of the property, therefore it is responsible for the timely transfer of money in payment of utility bills. He is obligated to ensure that the necessary amount of funds is transferred for major repairs or for services provided by resource-supplying companies.
But often on the same living space several people live at once, between which disagreements constantly arise. Therefore, they think about whether it is possible to divide personal accounts in the apartment.
When is this impossible?
Before dividing the personal account in the apartment, residents of this property should find out whether this process can be completed at all. There are certain situations when it is impossible to take advantage of such a separation. These include:
- the owner of the apartment is one person;
- the initiator is a citizen who is only registered in real estate, but does not have the right to own even a certain part of it;
- the apartment has encumbrances imposed by the court or bailiffs.
Under the above conditions, even through a court, it will not be possible to split the account.
Causes
It is sometimes necessary for citizens to divide an apartment into two personal accounts or a larger number of accounts for various reasons. Often this is due to a financial issue, as some property owners simply refuse to pay utility bills.
Most often, the need for this process is due to:
- the irresponsible attitude of some property owners to their responsibilities related to the payment of housing services;
- people live on the same territory, between whom there are no family ties, therefore, disputes arise regularly between them regarding how much should be transferred by one or another owner, and usually this situation arises between former spouses;
- one person ceases to deposit funds as payment, therefore a debt is formed;
- some owners may not live in real estate, therefore they do not transfer funds for major repairs or other services, calculated depending on the number of owners and the area of the object, and not residents.
Disputes may be different, but they always lead to negative consequences for each owner, since debt is common to all residents of real estate. Therefore, people are thinking about how to split a personal account in a one-room apartment or, say, a three-room apartment.
Do I need consent from all owners?
The division is often carried out on the basis of an agreement drawn up between all property owners. But most often, a person who does not want to contribute funds as payment for utility bills refuses to split the account. Therefore, it is necessary to carry out the process through the court.
If there is no consent from all owners of the object, then the section is allowed exclusively through the court. If citizens wish to complete the process, then they draw up written consent, which are then certified by a notary. Based on these documents, a section of the account in the UK is made.
Methods for dividing an account in privatized housing
There are several ways to divide personal accounts in a privatized apartment:
- drafting an agreement between all owners, which is then transferred with a statement to the Criminal Code or directly to resource-supplying organizations;
- appeal to the court with a statement of claim, moreover, this method is used provided that one of the owners refuses to draw up written consent.
The procedure is carried out based on the desire of the owners, so third parties or even government bodies in no way can influence this process.
Appeal to the Criminal Code
If the apartment is privatized, how to split the personal account? If there is agreement on this process from all owners, then it is advisable to contact the Criminal Code. To do this, the following actions are performed:
- a special agreement is drawn up between the owners of the real estate, where their shares in the apartment are indicated, since based on this information the account will be divided;
- with this document it is necessary to come to the management company or resource supply companies, where an application for splitting the account is drawn up;
- an extract from the USRN and technical papers for the facility are attached to these papers;
- all owners involved in this process must have passports with them.
The application can be submitted not only directly through the Criminal Code, but also with the help of the MFC. Documents are accepted by the employee of the organization, and then sent to the appropriate organization.
If a positive decision is made, then with each owner a separate contract is concluded for the provision of housing and communal services. After that, each owner will pay for services on a separate receipt. If you thoroughly understand how to split a personal account in an apartment, this process is quick and easy.
Reasons for refusal
The management company may refuse to split the account for various reasons. The most commonly used grounds for this are:
- the presence of debts for housing services;
- a single meter is installed in the apartment;
- it is not the owner who is making the application, but the person registered in the apartment.
A response with a refusal is provided to the applicant in writing. This document can be appealed to the court to challenge the decision.
When is separation done in court?
It is possible to divide the personal account in a communal apartment owned by several owners, not only through the Criminal Code, but also with the help of the court. There may be several reasons for going to court:
- the management company refuses to voluntarily split the account;
- one of the owners refuses to sign the agreement, so the procedure is carried out in a forced manner;
- More than a month has passed after the application was submitted to the Criminal Code, and there is no response from the employees of this organization.
In all the above situations, it is advisable to draw up a statement of claim.
What documents are prepared for the court?
If a decision is made to use the help of the court to separate accounts, then documents are prepared for this process:
- correctly drawn up statement of claim;
- extract from the USRN to the apartment containing information about all property owners;
- extract from the house book, which indicates who lives in real estate;
- certificate of absence of debts for housing and communal services;
- passports of all property owners;
- copy of the UK refusal to split accounts on the basis of an application submitted by the owners of the facility
- receipt of payment of a fee equal to 300 rubles;
- if the reason for going to court is the disagreement of one of the owners to pay for utility bills, then the applicant prepares copies of receipts confirming that he paid for the services on his own.
The judge may require additional documentation.
Rules for making a claim
Most often, citizens are interested in the question of how to divide a personal account in an apartment through a court, since a situation usually arises when one of the owners simply refuses to pay for housing and communal services. For forced section filed a lawsuit. This document must contain the information:
- information about all property owners;
- name of the court to which the applicant applies;
- the name of the Criminal Code, which gave a negative response to the statement;
- accurate information about the property.
As a claim is the separation of the account in the apartment. It is allowed to indicate specific shares to be provided to each homeowner. The reasons are given on the basis of which separation is required, and even illegal actions by other residents that led to the need to go to court can be listed.
The claim can be submitted personally by the applicant, sent by mail or generated electronically. An application is considered within one month. Next, a date is set for the meeting, where the circumstances of the case are studied. If a positive decision is made on the claim, then the Criminal Code forcibly shares the account. The decision comes into force one month after the court hearing.
How to split a personal account in a municipal apartment?
Disagreements between tenants can arise even in non-privatized housing. People live in this facility on the basis of social security agreement. The difficulty lies in the fact that the owner of the real estate is the municipality, so if there are debts for utilities, the regional authorities can terminate the social security agreement.
You can divide personal accounts in a municipal apartment to achieve several goals:
- there are disagreements between the tenants, so each tenant wants to pay for utilities on the basis of an individual receipt;
- It is planned to evict a person who does not live in an apartment and does not pay utility bills, therefore confirmation is required that he has debts.
The procedure does not imply the division of a social loan agreement. Shares can be determined independently by tenants, for which an agreement is drawn up between them. If it is impossible to reach a compromise, then citizens turn to the court.
How to split a personal account in a non-privatized apartment? For this, an agreement is drawn up between tenants. It is submitted with a statement to the Criminal Code or Settlement Center. If a negative answer is received, it can be appealed in court. The court in the process of studying the circumstances of the case establishes what proportion each participant in the trial has. Based on the decision made, division is performed.
Nuances for shared ownership
If there is an apartment that belongs to several persons on the basis of shared ownership, then the separation of accounts is considered the simplest process. This is due to the fact that each owner has a separate share, on the basis of which there is a determination of its part of the utility bills.
To split the personal account in such an apartment, you can use the peace agreement or the enforcement process. Most often, such cases are considered in court, since people cannot agree with each other.
Conclusion
The separation of the personal account between several owners or tenants of the same property may be necessary for various reasons. The process is carried out on the basis of a peace agreement or by court order. The procedure involves the creation of a separate account for each owner, after which citizens will pay for utilities on individual receipts.
If you understand how to split a personal account in a municipal apartment or privatized housing, then this process will be carried out quickly and easily.