Application for division of personal account: sample 2021

Statement of claim for division of personal account

The relevance of information on how to independently draw up a statement of claim for the division of a personal account is associated with the cohabitation of several citizens in the same apartment (house) and the presence of common rights to this housing.

We all know about the obligations to pay for housing and utilities, but not every one of us fulfills them on time. When family members do not wish to contribute to such expenses, no matter for whatever reasons, the dispute can be resolved by going to court. And the specifics of drawing up and filing a claim for the division of a personal account, the nuances of assessing the prospects for a court decision - we will talk about this in this article.

The purpose of filing a claim is to divide the responsibilities for paying for housing maintenance and utilities. Everyone will pay for themselves personally. What is a personal account? This is a payer code intended for making utility payments. This account is an identifier by which the utility provider determines who made the payment and to what address.

By following the recommendations below, filing a claim yourself will not be difficult. You can ask additional questions (if any) to the site’s duty lawyer.

Statement of claim for division of personal account

What is a personal account and why is it needed in 2021? Brief educational program

Art. 153 of the Housing Code of the Russian Federation states that citizens and organizations are obliged to promptly and fully pay for residential premises and utilities (heating, electricity, gas, cold and hot water supply, etc.).

By default, this obligation arises from the moment the right of ownership to residential premises arises or the conclusion of an appropriate agreement establishing the grounds for use of residential premises.

In 2021, the procedure for determining the amount of the fee is established by Art. 156, payment structure - Art. 154, and the procedure and terms for making payments - Art. 155 of the Housing Code of the Russian Federation.

What role does the personal account play in this system? This document reflects all issues related to payment of fees for specific residential premises and utilities.

In particular, the personal account for the apartment must contain information about:

The size and condition of the living space;
Owners or tenants of residential premises;
The number of people living in the residential premises;
Utilities provided by supply companies;
Amounts for payment of utilities;
Having debts to pay utility bills.

In what cases is a personal account section necessary? As a rule, the need to share responsibilities for paying utility bills arises when people living together cannot distribute responsibility on their own.

For example, after a divorce, when former spouses ended up on the same territory or when several strangers inherited the living space.

Example of a statement of claim for division of a personal account

Statement of claim for division of personal account

According to Art. 210 of the Civil Code of the Russian Federation, the owner bears the burden of maintaining the property he owns. In accordance with Art. 274 of the Civil Code of the Russian Federation, ownership and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court.

In accordance with Art. 158 of the Housing Code of the Russian Federation, the owner of premises in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in the apartment building by paying a fee. We are unable to agree on the procedure and amount of these costs under the agreement.

Determine the amount and procedure for participation in the maintenance of joint housing and payment of utilities at the address: Moscow, st. Citrusovaya, 423, apt. 999 between Purygina Zoya Nikiforovna and Purygin Pantelei Vasilyevich in equal shares of all costs, each with ½ share.
Oblige the management company of Domstroy LLC to enter into separate agreements with Purygina Zoya Nikiforovna and Purygin Panteley Vasilievich and issue them separate receipts for payment of utilities and maintenance of the apartment at the address: Moscow, st. Citrusovaya, 423, apt. 999.

A copy of the statement of claim.
Receipt of state duty to the court
A copy of the purchase and sale agreement for the apartment
A copy of the donation agreement for the apartment
Certificate of family composition
Copy of personal account
Copy of the Certificate of Shared Ownership
Notice of conclusion of an agreement addressed to the Defendant

12/20/2019 Purygina Z.N.

Dividing a personal account for utility bills

Since the apartment is not privatized, its owner is the local municipality. The personal account can be divided in court, where the lessor will be the interested party. Based on the court decision, the management company must conclude a separate utility agreement with residents and issue them individual payment receipts. An estranged family member of the tenant cannot demand that the municipality conclude a separate social tenancy agreement with him. Therefore, payment accounts can be divided, but the social rent agreement will remain with the previous employer.

the name of the judicial authority where the claim is filed;
details of the plaintiff and defendant (full name, address, telephone);
circumstances of the case;
requirement to split rent;
your arguments, supported by references to relevant legislation;
list of attached documents;
date and signature.

Who and when can file a claim for division of a personal account?

Not all persons living in the apartment can file such a claim. A request to split a personal account can be submitted by:

owners of housing that is in their shared ownership (therefore, if the property is in common joint ownership, first enter into an agreement to determine shares or an agreement to allocate a share (or file a claim with the court to determine the shares of the spouses in the apartment)
tenants of housing under a rental agreement and members of their families.

When the procedure and amount of costs for housing and utilities are agreed upon voluntarily by the parties, it is necessary to send an agreement on the division of the personal account to the management company.

In situations where the management company left such an application without consideration or refused, and also if the procedure and amount of costs for paying for housing and utilities could not be determined independently, it is necessary to submit a statement of claim for division of the personal account to the district (city) court at the location controversial housing.

The procedure for dividing a personal account in an apartment with shared ownership

It is possible to perform a drug section only if the following conditions are met simultaneously:

Splitting a personal account through a management company

Contacting the management company is the primary solution to the issue when all participants in the apartment are ready to split the bill. Therefore, first, each owner must contact the company’s office with the following papers:

a free-form application addressed to the head of the management company with a request to divide the personal account;
a copy of the document on registration of the right (certificate of share in ownership or an extract from the Unified State Register of Real Estate);
a copy of the applicant's passport.

The management company reviews the submitted documents and makes a decision on the division of the drug or refusal. If the management company agreed to carry out the procedure, then starting next month each co-owner will receive a separate receipt for payment for housing and communal services.

Owners have the right to indicate in the application a different amount of payment that is not proportional to the shares of ownership of the property. But then you will also have to attach an agreement, which determines the amount of expenses for housing and utilities for each of the co-owners.

Such an agreement is drawn up in simple written form without notarization. Signed by all co-owners to confirm that each of them agrees with the contents.

In terms of the number of copies, it should be stipulated that one copy should remain with each co-owner and one copy should be transferred with the application for division of the account to the management company.

In case of refusal to consider the application of the Criminal Code or the impossibility of peacefully reaching agreements on the division of drugs, you should go to court.

Division of personal account through the court

When considering this category of disputes, the court establishes the procedure and amount of participation in payment of housing maintenance costs in relation to each co-owner.

Expert opinion

Ilyin Vladislav Denisovich

Practicing lawyer with 8 years of experience. Specialization: civil law. Extensive experience in drafting contracts.

Since the application does not contain claims to property rights, the proceedings in the case fall within the competence of the magistrate at the actual address of the apartment. The following will need to be attached to the claim:

plaintiff's passport;
technical passport for housing;
certificate of ownership or extract from the Unified State Register for the apartment;
extract from the medicine;
payment document confirming payment of the state duty.

The statement of claim must indicate:

your personal data (full name, passport details, registered address, contact phone number);
information about other owners of the apartment indicating their shares in ownership;
the reason for contacting the court.

Certify the document with a personal signature and put the date of application.

Based on the results of the consideration of the case, the judge makes a decision on dividing the personal account depending on the share of each of the co-owners of the apartment. And, although all residents should not be present at the consideration of the case, sometimes you can be interested in this.

For example, the owner of one of the rooms does not actually live in it. His registration and residence address is not in this apartment. Therefore, he has the right to claim a reduction in his share of payments for housing and communal services.

The result of the consideration of the case will be a court decision, which, after entering into force, will become the basis for dividing the personal account.

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Features of dispute resolution regarding personal accounts

In the course of resolving a dispute about dividing the bill between co-owners of housing, the court determines the amount of payment for utility services based on the number of registered residents. The court will determine which citizens are willing to pay for themselves and their family members, and who should be allocated a separate personal account. If there are no utility consumption meters, then the calculation is made based on the area of housing.

When resolving disagreements between a tenant and his family members, the court will set the amount of payment based on the number of residents who have the right to use the housing. Usually the amount of payment is set in shares.

Court decision on a claim for account division

It should be understood that the division of a personal account leads to the need to independently fulfill the obligations of making payments. However, such a situation will not affect the terms of the residential rental agreement. The apartment will not be converted into a communal one. It’s just that from the moment the decision comes into force, two or more receipts will be received for one apartment. In case of debt, the management company will not sue all residents, but only specific debtors.

This is important to know: How to withdraw a claim from court

It should be taken into account that utility bills cannot be divided. Only obligations for the future can be divided. For the past time, you can collect part of the debt by filing a claim in court for collection by way of recourse.

So, after the decision on the claim for division of the personal account is made and it enters into legal force (appeal), the management company will be obliged to enter into separate agreements with the co-owners (tenants) of the housing and payment will be made in accordance with the procedure established by such a decision.

Clarifying questions on the topic

How can I write an application to the court about dividing a personal account with my son? He is registered, but has not lived in the apartment for 4 years and does not pay for heating or renting an apartment. I paid alone for 4 years. We have a large debt that I cannot pay. I want the management company and heat supply to split the bills for me, as well as for renting housing, and recalculate the different shares for me.

For the division of personal accounts, fill out a statement of claim using this sample. You can split bills just to pay for a future date. Debts from the past are not divided this way.

How to write a statement of claim for division of accounts if I was the only owner of the apartment?

Describe in more detail with whom you are going to share personal accounts and on what grounds?

You wrote that past debts for housing and communal services are not divided. How then are they divided? Apartment in shares for 4 people. There are two personal accounts. 3 people are registered. (owners). Another one does not live together. The debt is 240 thousand. Should they be held jointly and severally liable?

The amount of debt can be divided between debtors only with the consent of the creditor, the recipient of the payments. As a rule, the management company does not agree to such a division, since it is more profitable to collect the debt from everyone jointly. Before the division of personal accounts, the debt must be paid by everyone jointly. After the division, everyone pays their own bill. A citizen who pays off the general debt at his own expense has the right to then recover from everyone else the amount that falls to their share.

From birth she was registered in a municipal apartment, but did not live there. I recently turned 18 and they tried to evict me through the courts. The court rejected it. I want to apply for separation of accounts. Besides me, nine more people are registered there, including small children.

You can submit an application for division of personal accounts. Please note that in your case you need to move into and live in the apartment, since failure to live after reaching the age of majority may serve as grounds for deprivation of the rights to use this residential premises.

I am filing a claim for division of my personal account. The owners of the property are me (1/4 of the apartment), my ex-husband (1/4) and two minor children (1/4 each). In the statement of claim, I am the plaintiff, the ex-husband is the defendant. How can I register my children, the same owners, will they be third parties or interested parties? I am filing to split personal accounts in half with my ex-husband.

In this case, you will need to take into account the children’s shares in someone’s personal accounts. Typically, child support recipients include the children's shares in their accounts. That is, they ask to divide the personal account by 3/4 to 1/4.

My ex-husband shares ownership of the apartment; he does not live in the apartment. The receipt for solid household waste comes for 2 people, I pay my half, the rest is debt. How to split a personal account? Application form and required documents.

You can use this image. You will need to attach documents for the apartment and a receipt.

we are three owners: 2/4 for me and 1/4 each for my sister and her adult son, there is a mother, but she has no property, how can I draw up an application for dividing the personal account between the owners, but include my mother in my personal account check

You need to ask to split the personal account by 2, between you and your sister. Include your mother in your personal account, and her son in your sister’s account.

How to correctly write a statement of claim to the court about the division of personal accounts?

Take the example provided as a basis. claim and describe your situation.

Hello! The court determined the procedure for paying housing and communal services between me and my ex-husband. The court does not divide the personal account now (as the judge explained to me). I am the owner and this account is, naturally, mine. One general receipt arrives. Is it still possible to split the personal account so that there are two receipts (for me and my ex-husband)? Because The management company cannot collect debts for housing and communal services from the ex-spouse, and they only collect from me. And how to correctly write a statement of claim to the court for the division of housing and communal services debt between spouses (necessary for an agreement on the amount of debt payment with the management company for a rent subsidy)?

Judicial practice is different in all regions. Perhaps the judge's position has something to do with this. Typically, the court orders the amount and procedure for participation in the maintenance of housing and payment of utilities and obliges the management company to enter into separate agreements and issue separate receipts to former family members. Same as stated in our example claim. The Supreme Court has had and continues to have the same practice. In its decision, the court had to justify its refusal to satisfy the claims for division of personal accounts. You have the right to appeal this refusal. Debts from the past cannot be divided. They are paid jointly (that is, from whichever debtor is possible). you have the right to recover half of the amount paid from your ex-spouse by way of recourse.

Good afternoon. But what if the second owner of the 12th share of the apartment deliberately does not receive a certificate of inheritance. It turns out that you need to share your personal account with the deceased?

This is important to know: The limitation period for the assignment of claims

The heir's right of ownership arises from the moment the inheritance is opened. If he accepted the inheritance, then the date of receipt of the certificate does not matter. It is clear that in this case it will be necessary to further prove his rights to the apartment.

When should you split your account?

The need for division of drugs arises when the real estate is in common ownership. So, for example, spouses who are divorced but live in the same living space, residents of a communal apartment, etc. The amount of payment for the use of utilities is calculated monthly in proportion to the size of the ownership share.

In case of splitting the account, each share owner will receive a separate receipt for payment of housing and communal services. This guarantees that each owner will pay his bills and be responsible for failure to fulfill his obligations (debt).

The drug separation procedure can be carried out in 3 ways:

Based on mutual consent. In essence, the personal account remains the same, but payments are made in the amount established by agreement of all parties.
Contacting the management company or HOA, when submitting the necessary documents, you can also attach the concluded agreement. We will discuss this option in more detail below.
If your application was refused or agreement was never reached, the last option remains is to file a claim with the courts.

Important!
It should be noted that in the case of division of drugs, the volume of consumed resources will be taken into account according to metering devices or standards, which are calculated in accordance with the total area of housing or the number of registered persons. The regulations do not allow the installation of separate devices for each owner of common property.
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Cohabitation

The following may live in the same residential premises with equal rights:

several owners who have one or another share in the common ownership of residential premises;
several persons living together with the owner, although not possessing the right of ownership, but enjoying the right of residence.

Regardless of the number of persons who have ownership rights to a share in a residential premises, or the number of persons using this premises, provided that the personal account is not divided between them, receipts for payment of utilities will be received as a whole for the apartment or house.

The fact is that for utility providers it does not matter how many people live in a residential building, especially if meters are installed in it. Likewise, for housing and communal services, it does not matter whether residents will distribute expenses among themselves or whether one person will pay for everyone.

A fair division of utility bills is possible both peacefully and in court.

In the peaceful method, co-owners or cohabitants enter into written or oral agreements among themselves, distributing utility and other payments depending on the share in the property or depending on the square footage of the room occupied in the residential premises.

If it is not possible to conclude an agreement, there is only one way out - to go to court with a claim for division of the personal account.

What to pay attention to

Quite often, such claims arise in connection with the dissolution of a marriage, when the former spouses remain living in the same residential premises. As a rule, in such a situation, housing is jointly owned by the spouses. Therefore, the court will not be able to divide personal accounts and distribute the burden of expenses without determining the shares in ownership of the apartment. However, these claims can be made by one of the former spouses in one statement of claim.

It is impossible to split bills if the living space consists of one room.

Having satisfied your requirements, the court will determine your share in paying for utility services and oblige the operating organization to issue you separate invoices for these services. But when paying using metering devices, the court will not be able to correctly determine which of the residents uses more water, gas, electricity, etc. Therefore, the costs will most likely be distributed in proportion to the number of residents.

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Agreement

There are two types of agreements regarding the division of payments, namely:

a written or oral agreement on the division of contributions to the total payment;
a written agreement on the division of a personal account.

The first type of agreement is a simple distribution of the total payment between the cohabitants.

The second type of agreement is a document that gives rise to certain legal consequences. Of course, the cohabitants themselves cannot divide the personal account; they can only express their desire to share it. The written agreement should be taken to the management company and an application for division of the personal account should be written. If the management company refuses to partition, you will need to go to court with a claim to oblige the management company to divide the personal account.

Let's pay attention to this point. In a claim for division of a personal account, the court will make a division as a result of a legal dispute between cohabitants.

In a claim about the obligation of the Criminal Code to make a division, the court in its decision will not divide the account, but will instruct the Criminal Code to satisfy the application of the cohabitants.

The procedure for dividing personal accounts with utility debt

The current legislation does not determine the procedure for dividing personal accounts; moreover, a division of a personal account cannot be made, but the payment procedure can be determined, by which the division of the account is meant.

How to deal with dividing a personal account with a debt?

If there is a debt, it means that one of the co-owners most likely refuses to pay for the utilities; in this case, you can go to court with a claim to establish a payment procedure in proportion to the shares in the ownership.
After this, the person must contact the management company to conclude a separate agreement for payment of utilities and, accordingly, the management company issues a separate payment document to each participant in the shared ownership.
Since the management company does not always want to issue separate invoices for payment, it makes sense to demand that a payment procedure be established at the same time as filing a claim with the court against the management company for separate issuance of invoices for payment.

The solution to the issue of utility debt depends on specific circumstances, i.e. If the owner paid for his share of the utility bill, a payment procedure has been established; in this case, the management company must resolve the issue with the owner who did not pay for his share.

At the same time, the best option for the plaintiff would be to file a claim to recognize that he has no debt to pay utility bills. If there is a debt, then a demand should be made to divide the debt between the plaintiff and the other owners. Thus, several claims can be made simultaneously in one claim.

Expert opinion

Ilyin Vladislav Denisovich

Practicing lawyer with 8 years of experience. Specialization: civil law. Extensive experience in drafting contracts.

Going to court

Utility payments and payments for house maintenance are calculated per unit of residential premises, that is, per apartment or house. To calculate payments for each residential premises, a so-called personal account has been established, in which the residents or co-owners of the residential premises are entered. Accordingly, each personal account receives one receipt for each type of payment.

The division of the personal account will thus lead to the fact that two personal accounts will be opened per unit of residential premises (apartment, room or house), and utility bills, as a result, will be divided.

It is this division that is the purpose of the type of claim under consideration. As a result of the division of the personal account, each of the co-owners will pay their part of utility and other payments according to receipts that will come in their name.

Claims for the division of a personal account belong to the category of controversial proceedings, that is, implying the participation of the plaintiff and the defendant in the case. The plaintiff may be:

owners who have a share in common shared property;
employers under social tenancy agreements and members of their families.

That is, co-owners who own residential premises as common property must first decide on their shares, and only after that decide on the division of the personal account. Shares can be determined or allocated either by agreement of the co-owners, or by filing a lawsuit in court to determine (allocate) the shares.

Accordingly, either a co-owner in common shared ownership, or a tenant or any of his family members included in the personal account of the residential premises can act as defendants.

Sample statement of claim to court for division of utility bills

A statement of claim for the division of personal accounts is a document that will help achieve the distribution of payments for electricity, gas, water, garbage and major repairs between the owners or tenants of the living space. It will be needed if persons living in the same apartment or house cannot resolve the issue of separate payment for utilities amicably. Such disputes most often arise between ex-spouses who continue to live in a shared apartment after a divorce, between parents and adult children living with them, and between owners who own shares in the apartment. We will tell you how to write a statement of claim correctly, where it should be filed and how much it will cost to go to court.

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