In judicial practice, cases involving the payment of a sum of money to a participant in shared ownership by the rest of the owners instead of his share in kind are the most difficult. It is possible to allocate and pay compensation for a share with the consent of the owner of the share, and in some cases even without it.
Instructions
Step 1
The allocation of a share takes place in a judicial proceeding. In this case, the common property becomes shared property in the case when the property is divided into shares according to the number of owners. In the case of separation, when one or several participants in shared ownership retire from its composition, the rest retain the relations of common ownership, while having the preemptive right to buy out the allocated shares.
Step 2
In the event that the owner's share is insignificant and cannot be allocated in reality, while he himself does not have the desire and interest in using the common property, the court has the right to oblige the other participants in the shared property to pay him compensation, even when his consent is absent (cl. 4 article 252 of the Civil Code of the Russian Federation). But such cases are exceptional.
Step 3
The possibility of paying compensation for a share is determined taking into account the owner's ability to exercise his right to a part of the building by determining the procedure for using it. So, for example, if the house has a separate room, the area of which is approximately equal to the share of the given owner, he has the right to demand its allocation. Taking into account his need for housing and the state of health, this room can be given to him as his property, even in the absence of the possibility of converting it into an isolated room with a separate entrance.
Step 4
In such cases, the difference between the share of the area allocated according to the documents and the area of the premises provided in reality is compensated. If the share according to the documents is greater, then the other participants in the property pay the difference, if on the contrary, then the owner who has allocated his share in kind pays them.
Step 5
It is impossible to force a person who does not want to increase his share to pay compensation in court. The law does not provide for the compulsory acquisition of property rights. But in the event that a participant in shared ownership agrees to pay compensation for the share of another, but disputes its size, its amount can be determined by the court and recovered from it on the basis of a writ of execution.
