If the house you live in belongs to more than one person (for example, is jointly owned by the spouses), then sooner or later it may be necessary to divide it. Such a situation may be the division of real estate during a divorce, inheritance, the allocation of a share to an adult son for independent living, etc.
The division of the house (home ownership) can be done voluntarily if there is no disagreement between the owners regarding the size of their shares and other contentious issues. In this case, all owners conclude an agreement (agreement) with mandatory registration by the justice institution. After the state registration of the agreement, the common ownership of it is lost, and each of the former co-owners becomes the owner of its own share.
In addition to dividing the entire home ownership by the number of owners in proportion to each share, it is also possible to allocate a share of one of them (the rest remains in common ownership).
If a voluntary agreement is not reached (which happens much more often), then the division of the house is done by court order. It should be borne in mind that the separation of home ownership (both voluntarily and through the courts) is possible only if there is the possibility of the so-called. section of the house (allocation of shares) in kind. What it is?
Section of the house (allocation of shares) in kind involves the allocation to each of the owners of a part of residential premises and utility (utility) buildings. The allocated part should provide conditions for a separate residence, that is, have a separate entrance, natural light (allocation of rooms without windows is not allowed), sanitary facilities, all necessary communications. Thus, the allocated part should be a separate apartment. That is why the allocation of a share in kind in an apartment is not feasible (there is no way to separate utility rooms) and the court can only establish the procedure for using the area.
Section of households through the court is carried out with the appointment of a special technical examination conducted by an expert organization or a specific expert. Its task is to establish the real possibility of dividing home ownership into parts for autonomous use, to establish the degree of actual depreciation and the actual (market) value of buildings, as well as the amount of compensation.
Compensation is paid to the owner whose share is less than what is legally required. This happens if the division of the house in proportion to the ideal shares is impossible. The payment of such compensation is permissible only with the consent of the owners, its forced appointment is impossible.
An exception is the case when the share of the owner is insignificant, and in reality it cannot be distinguished. The amount of compensation is calculated based on the actual value of the share of the owner at the time of the partition.
The task of forensic technical examination also includes determining the possibility and cost of re-equipping premises with the aim of real possibility of separate living (arrangement of a separate entrance, summing up the necessary engineering communications , etc.). Such conversion is possible provided that it does not cause disproportionate damage. What it is?
Disproportionate damage - a significant deterioration in the condition of redeveloped housing, an increase in non-residential area due to residential, non-compliance of converted premises with sanitary standards, etc.
If the owner has made improvements at his own expense that are inseparable from the object, he has the right to demand a proportional increase in the size of his share. In this case, improvements mean an increase in area.
If, however, the partition of the house in kind is not feasible for objective reasons, and the option to pay compensation with the termination of the right of ownership by the participants is rejected, the court may establish the procedure for using the disputed property.