Privatization of an apartment: how shares are distributed

What is “privatization” and why is it needed?

To find out whether a privatized apartment is divided during a divorce, you need to familiarize yourself with the concept and term. Housing privatization means a type of transaction on a free basis. The citizen is given the rights to the apartment, which is owned by the state.

Before moving in, a formal contract is concluded, which is classified as rental on social terms. Residents are not required to pay tax. One person can take part in privatization. The remaining residents have the right to write a refusal in favor of another person.

If the privatization procedure is not carried out, people will live in an apartment that belongs to the state or local authorities.

After divorce, spouses have no rights to litigate. This point is important to consider for all married couples who have not completed privatization.

What is "privatization"

Until the apartment is privatized, it is the property of the state or municipality. In the event of a divorce between the spouses living in it, it is not subject to division. All rights to the apartment belong only to the owner.

Privatization is a free transaction in which a state or municipal apartment is transferred into the ownership of a private person. This means that a person who lives in a non-privatized apartment under a social tenancy agreement can privatize this apartment - receive ownership of it absolutely free of charge. Anyone can use the right to privatize property, but only once.

If several family members live in the apartment, you can...

privatize an apartment for all family members - then everyone will have a share in the common property;
privatize an apartment for one family member, in whose favor the rest of the family members will refuse - then he will be the sole owner of the apartment.

Is a privatized apartment subject to division?

There can be no clear answer to this question. To determine whether an apartment is subject to division or not, and if so, how it should be divided between husband and wife, it is necessary to establish...

When was the apartment privatized?
Which spouse was the owner of the property?
Did minor children take part in the privatization procedure?

Each of the possible options has certain legal consequences, including, among other things, the division of an apartment during a divorce. Depending on the circumstances surrounding the privatization procedure, the issue of division of residential real estate will be resolved differently. In this article we will try to consider the most key provisions of the law and its practical application.

When is division possible?

People often turn to lawyers who want to know how a privatized apartment is divided during a divorce. The separation process is carried out only in individual cases. In order to have legal grounds for going to court, it is necessary to formalize privatization and have two equal parts and shares of housing.

When the divorce process occurs, it is necessary to establish the legal part of each. To do this, you need to take into account all the provisions and rights specified in the documentation. When spouses divorce, people often face a situation where they have children together. They can be included in documents. The division of property during a divorce becomes difficult because the state always takes the side of minor citizens.

When investing financial resources, the market value of housing increases. If one of the spouses does not have property rights, but has invested money in decorative finishing and other consumer goods, then it is necessary to provide evidence in court and calculate all expenses.

The judge will carefully evaluate all the arguments and make a decision on division. To allocate shares to a citizen in a privatized apartment, the size of his financial investments is taken into account. They will be proportionate to the share.

Refusal in divorce

When an apartment belongs to spouses and is privatized during marriage, upon divorce, by law it must be divided equally between them, or in other proportions established in court.

One of the spouses may renounce his share in favor of the other. However, in any case, the division of property must take place in court. The parties can simplify the procedure by concluding a voluntary agreement on the division of shares, have it certified by a notary and submit it to the court.

The issue of dividing shares in case of divorce can be decided in advance when concluding a marriage contract. There you can immediately state that during a divorce, one spouse renounces his share in favor of the other. The contract must be notarized.

The shares of an apartment acquired or privatized during marriage are determined in equal parts during a divorce or established by a court decision. The division of property during a divorce is always carried out in court, which does not exclude the possibility of renunciation of the share of the apartment of one of the spouses in favor of the other.

The law also allows other options for the division of property values - a marriage contract and a voluntary agreement. Both documents establish the rights of spouses to certain parts of the apartment. The agreement can also include a condition that one party renounces its share in the apartment in favor of the other. The parties submit notarized documents to the court.

Division of property by mutual agreement or marriage contract

The mutual agreement has a pragmatic purpose. In this case, all acquired property during the marriage is divided. A marriage contract is drawn up to redefine the principles of property relations between spouses. Here you can indicate the rights of everyone if a situation arises when a divorce is required. When all controversial issues are resolved, after the divorce each party should have no claims left.

The list of property is not always specified in the marriage contract. You can only determine the type of claim rights. The contract often covers specific periods of time.

During a divorce, property can be divided by mutual consent. To do this, you need to draw up an agreement. For a document to have legal force, it is necessary to take into account the requirements of the Civil Code. Mandatory elements of the agreement for mutual division of property:

Registration details of spouses. This includes information from your passport.
Indication of status. Whether the spouses were previously married or are still in the process of divorce.
Subject of the agreement. This includes the legal assessment of a privatized apartment.
Register of property for division. It is necessary to indicate the price of the share, as well as the cost of the entire apartment.
The name of the city where the property was registered.
Signatures of each participant in the transaction.

You can draw up a contract for voluntary separation before the actual divorce or after. When the spouses have already divorced and the division of the privatized apartment has not been carried out, the document can be signed within the next three years.

Registration of division through the court

If housing is privatized, it is property according to current legislation. In case of divorce, the division will not be valid. The number of children will not be taken into account in court. To go to court to defend your own interests, you need to contact an experienced lawyer.

The spouse will be able to receive his share of the property if he/she has done repair work in privatized housing, invested financial resources, carried out reconstruction or construction work at his own expense.

The size of the increase in cost must be taken into account. If a person provides all the necessary evidence and arguments in his favor, the privatized apartment will be divided after the divorce.

How is a privatized apartment registered for children divided?

Joint children can be included in the privatization documentation. Then the property will not be divided if it is registered in the name of a child. Minor citizens can exercise the right of immunity.

When the spouse, who is the owner, sells a privatized apartment, he can carry out the transaction even without the notarized consent of the second person. All funds he receives from the transaction will be divided and used at his own discretion.

How to formalize the division of an apartment through the court?

It is possible to resolve the issue of dividing an apartment through the court in a short time, in accordance with current legislation. Sometimes a dispute can drag on, and the spouses cannot independently make a compromise decision by mutual consent. In this case, you have to go to court.

Step by step procedure

When it is not possible to make a voluntary decision to comply with the section, you must write a statement and take it to the court office. Main stages:

Preparation and formation of evidence. This includes documentation that can confirm ownership of housing. You can attach documents to speed up the mutual division of the apartment.
Writing a claim and sending it to the court office. Here the situation is described in detail and the circumstances are outlined.
Valuation of residential real estate. To do this, you need to contact specialists who can perform all operations and calculations in accordance with current legislation.
Payment of state duty. The financial transaction is carried out through a bank cash desk or terminal so that the receipt is saved.

After collecting documents and making payment, a claim is filed with the judicial executive body. A person must come to court hearings. All changes in property rights undergo mandatory registration with the State Register. All court decisions are enforceable.

Rules for writing a statement of claim

When there is no voluntary agreement, the apartment can be divided between spouses only in court, in accordance with the current legislation of the Russian Federation. Claims from citizens are considered by the city or magistrate court. When filing, you need to take into account the value of the property that needs to be divided.

The statement of claim is drawn up in the number of copies corresponding to the participants. One must be sent to court, the other is provided to the defendant, and the third to the plaintiff. The claim must describe in detail the characteristics of the property and list the amount to be divided.

It is important to cite the circumstances that contributed to the partition. All the plaintiff's arguments must be confirmed. The application contains requirements that must not violate current legislation. The claim must be accompanied by a marriage registration certificate and the number of children living in the privatized apartment. They are also listed in the claim and provided with birth certificates.

All documentation for the trial is provided only in originals. Copies can be made, but they must be properly certified. You need to contact a notary office or other organizations that have permission to certify documents. The originals that were submitted to the court will be returned after the judge’s decision comes into force according to the plaintiff’s application.

Sample statement of claim for division of a privatized apartment

By following the link you can file a claim for the division of a privatized apartment.

Where should I apply?

The real estate market has high prices for apartments. You must submit your application at your place of registration and residence. First you need to study the documents, inventory value.

When filing an appeal and resolving a dispute through the court, it is necessary to take into account not the full cost of the apartment, but only part of the legal share. The average period for consideration of one case is 1-2 months. Time may increase when additional expert assessment is required. To do this, you need to contact specialists who handle all the calculations and estimate the cost of part of the apartment. All calculations are documented on documentation.

Division of an apartment without court

It was already mentioned above that an extrajudicial method of dividing jointly acquired property is preferable to a judicial one. It allows spouses to divide not only joint housing at their discretion - in equal or unequal shares, but even housing that is not subject to division by law, for example, personal property privatized by one of the spouses. In addition, out-of-court division allows you to avoid long and exhausting court proceedings, aggravation of disputes, and an unfavorable, undesirable outcome of the case.

For an out-of-court division of real estate, the owners must reach full agreement, which will be set out in the form of a written document - an Agreement on the Division of Joint Property. It is important that all property owners take part in the preparation and signing of the Agreement, otherwise it can be easily challenged and invalidated in court. As for the content of the Agreement, the parties can agree on the division into shares, the procedure for using the joint living space (if necessary, including in the document such details as the distribution of rooms, the procedure for using the bathroom, kitchen, technical premises, etc.), on the sale of the disputed real estate and the division of the proceeds among themselves in proportion to their shares. The more accurately and in detail all the agreements of the owners are set out in the document, the less likely there are disputes and misunderstandings.

If one of the owners of the property is a minor child, the Agreement must be obtained permission from the guardianship and trusteeship authority.

Then the owners should contact the Rosreestr body - if the Agreement defines the procedure for dividing joint ownership into shares - these changes must be registered in the manner prescribed by law. Within one month after submitting an application to make changes to the register, spouses will receive documents confirming the right of shared ownership of housing.