The right of joint partial ownership is exercised by the co-owners with their consent. The co-owners may agree on the procedure for possession and use of such property.
Each of the co-owners has the right to be granted possession and use of that part of the joint property in kind that corresponds to his share in the right of joint partial ownership. If this is impossible, he has the right to demand appropriate material compensation from the other co-owners who own and use the joint property.
Also, according to the Civil Code of Ukraine, property that is in joint partial ownership may be divided in kind between the co-owners by agreement between them or in court.
A co-owner has the right to an allocation in kind of a share from the property that is in joint partial ownership. In the event of an allocation in kind by a co-owner of a share from the joint property for the co-owner who made such an allocation, the right of joint partial ownership to this property is terminated. Such a person acquires the right of ownership of the allocated property, and such right is subject to state registration.
In disputes about the division of a house in kind, the participants in joint partial ownership of a house may be allocated a separate part of the house, which corresponds to the size of their shares in the right of ownership. The allocation of shares (division) of a house in joint partial ownership is possible if each of the parties can be allocated a separate part of the house with an independent exit (apartment) or in the case when there is a technical possibility of converting the house into isolated apartments, the size of which corresponds to the size of the shares of the co-owners in the right of ownership. If the allocation (division) is technically possible, but with a deviation from the size of the ideal shares of the co-owners, taking into account specific circumstances, the division (division) may be carried out with a change in the ideal shares and the award of monetary compensation to the co-owner whose share has decreased.
To successfully divide a residential building, you must perform the following actions:
Obtain a conclusion on the technical feasibility of allocating a real estate object.
You must contact a business entity that employs one or more responsible performers of certain types of work (services) related to the creation of architectural objects, who have passed professional certification at the Ministry of Community and Territories Development of Ukraine and received a qualification certificate accordingly (for example, this may be an engineer for inventorying real estate).
Carry out an expert assessment of real estate (building). To do this, you must contact valuation entities – business entities that have received a special certificate and are included in the State Register of Appraisers and Valuation Entities.
File a property claim with the court for the division of a residential building in kind between the owners (allocation of a share), together with the documents necessary for the correct establishment of the circumstances of the case.
It is important to have a properly drafted conclusion on the technical feasibility of allocating a real estate object, which will state that the building is equipped with a separate entrance and can be allocated in kind.
Lawyers and jurists of the Law Association “Lex Consulting” will help you correctly draw up and file a claim for the division of a residential building in kind between the owners (allocation of a share), and effectively protect your interests in court.
