How to split a house?
A situation where several relatives are inherited from their grandmother’s house is not uncommon today. And all these relatives are starting to think about how to divide the house. In this matter, there are two solutions, depending on what the heirs want - to live in it, get rid of it and divide the money.
The first thing to do for relatives is to inherit. After six months, the registration chamber reissues the documents for all heirs, indicating the share of each, depending on the degree of kinship, and in accordance with the law. Then the house is put up for sale, the only condition for this - the consent of all new owners. After selling the house, each heir receives his share in monetary terms. If not all heirs agree to sell the house, then this issue will have to be resolved through the courts. Another solution for this situation is. The heir who did not want to sell the house should know how to divide a private house without selling this property. The dissenting co-owner can pay the other heirs with their shares in cash, and he will become the sole owner of all the property. It should be noted that the house is estimated at market value.You can invite experts of appraisal companies, their services are paid, but the heirs will have an objective document on their hands that will prevent disputes of the heirs. Also, co-owners can set a negotiated price that is lower than the market price, but this happens only by voluntary consent.
Consider how to divide a house into shares in another way. Suppose that after the death of our hypothetical grandmother there are two heirs left. And both of them want to live in this house. In this case, they have the right to build a capital wall in the middle of the house and make separate entrances. This can be done in consultation with the chief architect of the area. To begin with, a package of documents is submitted to the department of architecture and capital construction, the same as in the redevelopment of an apartment. This is an extract from the cadastral passport, a copy of the cadastral plan, a statement, the conclusion of the expert committee on the technical possibility of dividing the house, the cadastral passport and a plan for each share. The main architect puts his visa, consent. After the implementation of the section of the house in practice, each owner must re-go through the whole procedure to register their share in the property.Also all cadastral documents, references from the BTI will be needed. Also there must assign the address of each part of the house. Then it will be necessary to register the property in the registration chamber of your municipality and receive a document confirming your property. Then you will have to walk through various utilities and supplying organizations, open a personal account in the accounting office of the ZhKO, gas company, organization for the supply of electricity, water, heat and other things. If you do not register in the new housing, do not forget to check that the former owner was discharged. The passport offices receive data on the death of citizens, but they do not voluntarily write out, only upon the request of the heirs, when providing the necessary documents.
Cases of the impossibility of section
It is impossible to divide the house that was left to one of the relatives in the will. Also, the house is not divided between the spouses, if it was purchased before the marriage, in the marriage contract there is a record of its indivisibility in case of divorce. So it is impossible to divide the property, if a child under 18 is registered in it. And only when he reaches the age of majority and with his consent, you can divide the house in any way.It is also impossible to divide the house if one of the owners is wanted, and it is impossible to obtain his consent to the section or sale.
When you think about how to divide a dwelling house, remember that you need to arrange for property not only the dwelling itself, but also the land on which it stands. It is also a lengthy and troublesome process. But the property property, unfortunately, is impossible to divide. Here, one way is to negotiate a cash payment from one owner to another.