Lawyers say that the country is having difficulty solving problems in the area of ​​so-called small shares of real estate. Owners of 1/6 or 1/8 of an apartment or plot often find themselves tied hand and foot. They can neither use their share nor sell it.

Is there a solution?

A spool is small, but expensive - the true meaning of the Russian proverb was revealed to one of the Muscovites 1.5 years ago. The owner of treasured residential space in the capital spent more than 90 thousand rubles on legal expenses.

All this time, the woman tried to oblige her cousin to buy from her 1/6 of the apartment they both owned.

She tried to sell to other owners in this apartment, who in this situation explained that they were not happy with this, since they would not live there, and accordingly, there was simply no point in purchasing such a share from her. She didn’t know how to proceed in such a situation.

Hundreds of thousands of Russians are in similar confusion today - all those who inherited a small part of real estate (1/6 or 1/8).

It is impossible to live on these square meters, but there is no one to sell them to. Of course, the most obvious option is to make an offer to the main owner, but, as lawyers explain, there are no guarantees that he will agree.

Should one be obligated to buy out? Well, what if he doesn’t have money? If, simply, the family is retired or has many children? After all, they do not have the appropriate income, even to buy back this small microshare.

Indeed, selling a share in an apartment or a plot of land to someone else is an option bordering on fantasy, because the new owners will not be able to use the property, which means there is “0” interest in such a purchase.

However, in cities with a population of over a million people, there may be people willing to buy a share, for example, for registration, although the transaction will have to be executed with special care.

From January 1, 2016, the contract for the sale of a share must be drawn up by a notary. This is necessary so that the owners know what is for sale and that Art. 250 of the Civil Code of the Russian Federation: if a person sells a share, he must first offer to buy it to the neighbor of this share. Unless he refuses or he doesn’t have the money for it, only then can a deal be made.

With all this, it is unlikely that you will be able to sell your share at the market price. The cost of a share will never be worth as much as part of an apartment.

The difference, depending on the object, can range from 30 to 50%. Still, the most profitable option is to try to negotiate with your neighbor and offer an exchange option that suits both.

So, what is a share in an apartment? This is a part of real estate that is owned by a specific person. In modern times, almost every family that purchases their own home tries to immediately divide the property into shares so that the children have their own roof over their heads. However, shares in an apartment may vary. Read about all this in the presented article.

A little about the main thing

Currently, the majority of citizens are owners of residential premises. If someone doesn’t have their own property yet, then they try to acquire ownership of an apartment as soon as possible. The most interesting thing is that now people, even while married, acquire property not for one person (husband or wife), but for several citizens at once, for example, for children.

On the one hand, this is, of course, correct - younger citizens already have their own property, but, on the other hand, certain difficulties may arise when selling an apartment here. Therefore, parents, when purchasing housing as shared ownership for each family member, should think in advance about the possible negative consequences. After all, situations in life are different.

Concept

So, what is a share in an apartment? It was already said earlier that this is a certain part of real estate, for example, an apartment or a house, which belongs by right of ownership to a specific person. A citizen can be deprived of such property only by decision of the justice authorities, and then only if the person has more than one home, and it was not acquired on entirely legal grounds.

What can be the share in the apartment? This question is asked by many people who want to buy at least a small part of real estate for living and feel like a rightful owner there. So, this issue has not yet been fully resolved by law. Therefore, situations very often occur when one person owns the largest part of the apartment, and another has the smallest part, but, nevertheless, they use the housing on absolutely equal rights. You also need to know about this.

Part of the home belongs to the child

On the one hand, it is very good that parents or other relatives made sure that the growing citizen had his own property, but, on the other hand, adults may encounter certain difficulties. In the case where there is a child’s share in the apartment, selling such housing will be quite difficult. Here you need to observe some nuances so as not to violate the interests of the minor.

To begin with, it must be said that in order to sell a home where one of the owners is a child, it will be necessary to obtain the consent of the guardianship authorities. As practice shows, this service is very reluctant to consider such applications from citizens. However, you can obtain consent to sell your home if:

• present a preliminary agreement for the purchase of a new, good housing with a significantly larger area than in the residential premises being sold, where the child’s share in the apartment will be significantly larger than now;
• open a bank account in the name of a minor and freeze there a certain amount of money transferred for the sale of a home by the buyer - this money should go only to the child.

In other words, it is necessary to take into account the interests of a minor when alienating his property. For example, if the parents of the latter decided to sell a three-room apartment and buy a one-room apartment in return, then citizens most likely will not receive consent to sell the living space.

In addition

I would also like to say that in the case when a family lives in an apartment, part of which belongs to a minor, then the best option for changing such housing would not be to sell it, but to exchange it for another housing of a larger area. Because in the case of the sale of residential premises, part of which is owned by a child, problems may arise not only with finding buyers, because not everyone wants to deal with such difficulties, but also with obtaining consent to the transaction from the guardianship authorities. This needs to be taken into account.

In addition, the minor’s share in the newly acquired apartment (if this does happen) must be no less than what he had before. There should also be educational institutions and a children's clinic close to the child's place of residence. Guardianship authorities always take this circumstance into account when signing permission for legal representatives to sell or exchange housing for a new apartment. The main thing is that the child feels good in the new living conditions. Because the state stands for protecting the interests of children.

As usually happens in practice

If a family consists of four people, then when purchasing a home in shared ownership, each family member is entitled to 1/4 share in this apartment. This is more correct and legal. Especially if the spouses have children. Depending on life circumstances, part of the real estate of one of the homeowners may become larger if he purchases it from another family member or accepts it under a gift agreement. For example, adult children decide to transfer their shares in an apartment to their parents for certain reasons. Thus, the latter acquire another 1/4 share and become full owners of the apartment (each will have 1/2 share of the real estate).

However, sometimes it happens differently. If one of the homeowners donated his share to one of the family members, then the latter becomes the owner of more than half of the apartment than the rest of the household. This is also necessary to know.

Allocation of shares in an apartment

One of the most interesting questions that currently concerns many citizens. This applies to both joint and shared ownership. The allocation of shares is understood as the transfer of part of the property in kind into the ownership of a citizen or the payment of certain compensation to him (if his share is very small).

In this case, many disputes often arise between people who own equal shares of one home. It even gets to the point that people delineate the boundaries of their personal property, thus fencing themselves off from joint property. According to all the rules of the law, when allocating a share, it is necessary to have different exits from the house. How can this be done in a high-rise apartment? This is impossible. Because this is typical only for private houses.

You can complete a transaction to allocate shares in housing by drawing up an agreement or through the courts. Most often, people turn to the justice authorities. If the procedure is impossible due to the fact that it will lead to damage to property, then the owners must pay the person whose property was damaged monetary compensation. The same applies to those cases when the share of ownership in the apartment is so small that it is simply impossible to allocate it, and therefore here the owner is also entitled to material compensation.

Donation of part of the property

Here it must be said that transactions in this category are completely free of charge. In the event that the owner receives money from another person for his share, this will already constitute a sale of part of the real estate.

Many citizens are very interested in the question of how to donate a share of an apartment between loved ones? Are there any design features or nuances here? It should immediately be said that the owner of part of the housing can dispose of the property at his own discretion (donate, sell, bequeath). If we talk about donation, then it should be noted that a donation agreement for a share of real estate is most often concluded between close people. For example, parents give their children their apartment or part of it. So, in this case, the recipient must pay a state fee for receiving a gift in the form of real estate.

In addition, it is necessary to draw up and fill out a donation agreement and with it both parties contact the cadastre and cartography service of their region and city. You may need to register in advance. The main thing is that the documents are ready. After the transaction is completed in accordance with all legal provisions, the new owner of the property will be given an extract from the Unified State Register. You also need to know about this.

brief information

Currently, many people are also concerned about issues related to the privatization of housing. After all, if the apartment was previously municipal, then after going through such a procedure it becomes private property. You will need to pay taxes for your home and make contributions for major repairs.

How are shares distributed among citizens registered in an apartment at the time of housing privatization? Typically, property is divided equally among all family members. For example, if three people live in a house and are registered, then it is quite possible to allocate 1/3 of the share to each citizen. This will be recorded in the documents on the privatization of housing. In other words, several people will be the shared owners of the apartment.

Is it possible to sell a share in a privatized apartment? The answer in this case will be positive. After all, owners of housing shares can dispose of them at their own discretion.

However, the latter may encounter misunderstandings from other family members who have the right of first refusal to purchase this part of the property. Therefore, if the owner wants to sell his share in the apartment, he must invite other home owners to purchase the specified property. If the latter refuse to purchase part of the apartment, it can be sold to any other person.

To the above

Of course, in practice it can be quite difficult to find that person who would want to become the owner of not an entire apartment, but only a certain share of the property. Moreover, the remaining owners may not have the funds to purchase part of the housing. Therefore, very often, such transactions end in litigation, which do not have the most favorable outcome.

Therefore, if a citizen, due to certain circumstances, has decided to purchase a share in an apartment, then before concluding an agreement, it is best for him to communicate with other homeowners who live in this premises and find out their opinion about moving a stranger there. Otherwise, life in the same area for all homeowners may become simply unbearable. Therefore, before making such a transaction, the buyer needs to think everything over very carefully.

If it is joint property

In this case, it is worth turning to family law. Because joint property refers to the common property of the spouses acquired by them during their official marriage.

Does a wife have the right to a share of her husband’s apartment if it was acquired before legal marriage? According to general rules, no, it does not. However, if a husband and wife are divorcing, and the wife proves that she completely maintained this housing at her own expense and made major repairs there, then the court may recognize the apartment as joint property and divide it into two equal shares. Although in practice this happens very rarely.

What else?

What can be the shares of spouses in the apartment if it was acquired as shared ownership? This question interests many citizens. However, if we are not talking about joint property (for example, the husband bought a home and registered it for himself during the period of legal marriage), but about shared ownership, then the parts of the housing between the spouses may be completely different. For example, a wife has only 1/4 of the home, and a man has 3/4. Perhaps this is not entirely fair and correct, but it also happens. Especially in cases where the man earns money and provides for his family, and the woman stays at home with the children.

Parents who want to sell real estate with a share in the apartment of a minor child must remember that they may encounter a number of certain difficulties, both when finding buyers for such real estate and when preparing documents for concluding a transaction.

Therefore, they should discuss this issue with the guardianship authorities. It is very important. After all, without the consent of this service to complete the transaction, they will not be able to sell the apartment. Moreover, if possible, it is better to exchange one home for another (agreement to provide guardianship). The service will check the conditions of the new housing and issue its conclusion. The main thing is that the child is given the same share in the property as he previously had in another apartment.

Conclusion

So, every person has the right to own a home. However, not everyone can afford to buy an entire apartment or house. Therefore, some purchase only part of the residential real estate.

However, before a citizen acquires ownership of a share in an apartment from strangers, he must be sure that they will not have any difficulties while living in the same living space. This is really very important. After all, after purchasing such housing, it will be almost impossible to get your money back.

In order to avoid any difficulties when purchasing a share of an apartment, the contract must be read very carefully and then signed. After all, on paper, the acquired part of the property may turn out to be several times smaller in area than planned.

And it assumes that the owner has unimpeded rights possessions , use And orders with your property ( in this case - an apartment). Provided that the owner’s actions do not violate the law and the rights of other people.

The fact that someone has ownership rights to the apartment is an electronic entry in, and confirmation of this fact is an extract from this register, or paper.

On ownership may be imposed, which prohibits the apartment owner from certain actions with his property. In particular, encumbrance is .

The apartment may be located in property both one person and property several people.

If everything is more or less clear with the property of one - individual, then with the property of several persons there may be options: it can be general joint or common share(Opens in a new tab.">Article 244 of the Civil Code of the Russian Federation).

Type of property listed in Title for an apartment, as well as in . From type of ownership of the apartment The rights and opportunities of its owners to dispose of this apartment depend.

Individual (personal, full) ownership of the apartment

This is the case when the apartment is solely owned by one person. He also manages it. He is listed in Title or in Extract from the Unified State Register of Real Estate for an apartment.

True, this does not exclude the existence of other rights ( For example,) y ( members of his family, for example). Such characters are not related to property and do not affect the disposal of real estate, but actually create an encumbrance ( in the form of your right of residence) when selling an apartment.

This is a case when two or more people simultaneously own an apartment, and their shares of ownership are common property are not defined, and are considered equal, in other words it is - common property without determining shares.

Then all owners are listed in Title / Extract of the Unified State Register of Real Estate for an apartment and have the same rights to possession , use And order this apartment (Opens in a new tab.">Article 253 of the Civil Code of the Russian Federation).

When selling an apartment, all its owners act together, acting as one owner, a single party, and the money received from the sale must also be divided equally among themselves.

Title for an apartment at common shared ownership issued ( more precisely, it was issued until July 2016) to each owner separately. This owner is listed on the front side Title. On the reverse side Title other participants are indicated shared ownership (indicating their shares in the right).

Sample Certificate of Title (shared ownership):

Recently, the Supreme Court clarified that persons who own a very small share of the premises cannot be moved into an apartment. So how many meters do you need to have to be considered a full owner?

Equal owners

“As a rule, during the privatization process, ownership of an apartment is issued to all family members in equal shares. Therefore, most of Moscow housing is in common shared ownership,” says Anna Veprintseva, director of the residential real estate sales department of ORDO Group.

According to Art. 246, 247 of the Civil Code of the Russian Federation, ownership, use and disposal of property in common ownership is carried out by agreement of all its participants. That is, any actions - selling part of the apartment, renting out, registering residents - are possible only with the written consent of all co-owners, regardless of the size of each owner’s share.

“Without the consent of the other shared owner, you can only move your minor children into the apartment. Also, an exception to the rules is the gratuitous disposal of shares - a gift or a will,” clarifies Vladimir Zimokhin, deputy head of the legal department of the NDV-Real Estate company.

The owner of a share also has the right to register on his living space without the consent of other owners. However, problems may arise regarding accommodation. Therefore, if the co-owners have not reached an agreement on the procedure for using the apartment, any of them has the right to file a claim in court, and Themis will figure out who should live in which room (provided that each can be allocated an isolated part of the apartment for use). If the residence of one of the owners is impossible for some reason, he has the right to demand compensation from the others in the amount of the market value of his share. In this case, he loses his property rights and must be discharged.

A small proportion is less than 25% of the total area of ​​housing and cannot be allocated to an isolated room.

“A participant in shared ownership also has the right to demand the allocation of his share in kind, if the nature of the property allows this. For example, this is possible in a residential building (with separate exits in different parts of the house, independent utilities, etc.). The court assesses the possibility and feasibility of the separation in each specific case,” notes Daria Pogorelskaya, head of the legal department of the MIC Group of Companies. In reality, it is impossible to allocate a share in an apartment, since this requires a separate entrance, bathroom and kitchen.

As Alexander Arsenyev, senior vice president for legal issues at the YIT concern, notes, depending on the size of his share, the co-owner also has the right to demand that the management organization enter into a separate agreement with him to pay for residential premises and utilities and issue him a corresponding separate payment document.

A special category of co-owners is represented by persons who own a so-called minor share. It makes up less than 25% of the total area of ​​housing and cannot be allocated to an isolated room, explains Elena Skrochinskaya, lawyer at Peresvet-Invest CJSC.

According to the law, such owners also have the right to live in residential premises; as already mentioned, the procedure for use is established by the court. But he will do this only if the size of the living space allows the plaintiff to be allocated a room commensurate with his share. This is quite problematic in cases of ownership, for example, 1/14 or 1/40 of an apartment.

Until recently, the courts took the position that the forced confiscation of a small share of residential premises from a co-owner with the payment of compensation was unacceptable.

However, on April 3, 2012, the Supreme Court of the Russian Federation issued a decision in which it overturned the decisions of the lower courts and satisfied the claim of the owner of a significant share by forced payment to the defendant of monetary compensation for her insignificant share with the loss of her right to a share in the common property. Ownership of the 1/14th share of the apartment passed to the plaintiff owner, who owned 13/14th share. The defendant and her minor child were evicted from the apartment. The court considered the situation in this case to be an exceptional case and concluded that if the residential premises cannot be used by all co-owners for their intended purpose (for living) without violating the rights of the owner of a larger share, then the protection of his interests is possible through forced compensation to the owner of a minor share.

A set of circumstances under which the owner of a small share may not be allowed to move into the apartment:

inability to allocate a share in kind;

the inability to determine the procedure for using the apartment in accordance with the share without violating the rights of the owner of a significant share;

the absence of an actually established procedure for use (the owner of a small share has never moved in or lived in the apartment since the acquisition of the right, and has not made any claims about it);

share owners are strangers;

whether such owner of another home has any right, etc.

“The significant point is that, according to this definition, the amount of compensation was calculated from the total cost of the apartment,” notes E. Skrochinskaya.

The Supreme Court of the Russian Federation took a similar position in a case that was considered on December 3, 2013. The owner of 1/40 of the apartment was denied the requirement to move in, considering that it would lead to a significant violation of the rights of another co-owner, whose share in the right is significant.

In addition, the Supreme Court of the Russian Federation determined the circumstances under which, in exceptional cases, forced redemption of a small share is possible. For example:

• it is impossible to allocate a share in kind;
• it is impossible to determine the procedure for using the apartment without violating the rights of the owner of a significant share;
• there is no actually established procedure for use (the owner of a small share has never moved in or lived in the apartment since the acquisition of the right, and has not made any claims about it);
• share owners are strangers;
• the presence of such an owner of other housing on any right, etc.

“Of course, the court stood up to protect the rights of people who have a significant share of the residential premises, considering the actions of the owners who own a small share to be an abuse of their rights. Nevertheless, each specific case will be examined separately, taking into account a lot of details and nuances (relationships between co-owners, whether they have other housing, etc.). We believe that mass deprivation of rights to insignificant shares in common property rights will not happen,” says D. Pogorelskaya.

In terms of their technical characteristics, an individual house and an apartment differ significantly. However, the rules of law governing the procedure for determining and subsequent allocation of shares are the same for both a house and an apartment.

However, with an apartment it is much more difficult to carry out all the manipulations to determine shares, since it cannot be reconstructed, its area cannot be increased, and the arrangement of rooms cannot be changed. However, an apartment in a metropolis will cost much more than a house in the village, and therefore residents will have to determine their shares one way or another, even if it is technically almost impossible to do this.

Therefore, issues of determining shares involve many years of disputes, conflicts, and litigation. At the same time, a lot can depend on a competently presented position in court. It is even more important to temporarily forget mutual grievances and hatred and try to come to an agreement so that the determination of shares is as convenient as possible for all parties.

This is where the importance of legal assistance comes into play, which our employees will be happy to provide. Their tact, knowledge and experience help residents resolve even the most complex issues. And if an agreement cannot be reached, then our lawyers find compelling arguments to protect the interests of their client.

How can we help?

Let us note that in order to determine shares or determine the procedure for using residential premises, residents will have to go to court, even if they were able to agree among themselves, since only the court can determine shares. Therefore, residents are faced with a number of problems that are much easier and cheaper to entrust to professionals who will resolve such disputes quite quickly. This is better than reading a lot of regulations, being nervous and going to the courts like work for several months, or even years. That’s why our specialists offer the following services:

• providing legal advice, the task of which is to understand the essence of the problem and orient the client to the requirements of regulations;
• providing assistance in choosing a further option (the final decision still remains with the client - our specialists do not impose it, but only pay attention to the advantages and disadvantages of each option);
• assistance in determining the required list of documents and collecting missing ones;
• assistance in negotiations with neighbors, since it is wiser to find a compromise and have a ready-made solution to the issue that suits everyone;
• assistance in preparing a statement of claim, collecting evidence, searching for witnesses;
• representing the client’s interests in court, in which our specialists will make every effort to achieve the most favorable resolution of the issue in favor of the client;
• assistance in reaching a settlement agreement, which is again better than an inconvenient court decision and subsequent troubles with neighbors;
• defending the client’s interests in higher courts, during examinations and other events;
• monitoring the execution of a court decision;
• provision of other legal assistance that may be necessary only in a certain situation.

And in order for our client to better understand the situation with determining shares, overview information on this issue will be very useful to him.

How are shares in an apartment determined?

Determining shares in an apartment may be required for a number of reasons when there are several owners of one apartment. This situation occurs after:

• divorce and division of an apartment between spouses;
• inheritance of an apartment by several heirs;
• joint privatization and for other rarer reasons.

In theory and on paper, such a complex issue is solved outrageously simply. According to the law, if there are two owners, then each of them has the right to half the apartment. If there are three owners, then each has the right to count on a third, and so on. Legally, the issue is also resolved simply. The apartment remains a single piece of real estate and as such is not divided. In the register of real estate, the apartment will be registered as a whole object, indicating the number of owners and the size of their shares.

Each of the owners is given a certificate indicating that the owner owns a share in the apartment, which is half (a third, a quarter) of its area. This is where the theoretical division of property ends, and the shares are determined on paper.

Everything, of course, would be fine if the apartment were sold immediately and the money divided, or if one did not live in the apartment at all. But only a few can afford such luxury. And most citizens will have to live in such an apartment. And this is where the problems begin.

It is impossible to register (register) anyone on your share without the consent of the owners of all shares. In practice, this means that it will be impossible to register someone. But that's not so bad. Next, the question of paying for utilities and home repairs will inevitably arise. One owner has a computer and a washing machine, while the other does not. So why pay equally for electricity? And the law generally prohibits dividing personal accounts. How to divide rooms if there are two owners and 3 rooms?

As life shows, if the owners could not live together, then they are unlikely to get along in the future. And their life often turns into a nightmare with constant scandals, involving neighbors, police, and strangers.

Therefore, the inevitable question is what to do next. After all, it is no longer possible to live as before. The situation, in fact, is not at all a dead end, but its solution may depend on a host of circumstances.

What gives the definition and allocation of shares in kind

To resolve the situation, it is necessary to separate the shares of each owner. That is, make several real estate objects out of one apartment. In this case, the advantages are obvious. Firstly, when the apartment is divided in reality, everyone understands where whose property is located. In this case, you can already hang a lock on your door. And if a neighbor enters there, the issue will be considered in terms of criminal liability. Secondly, you will be able to register your spouse or other citizens in your area. This also means a lot. Thirdly, at least your share can be sold, exchanged, or rented out.

In addition, we should not forget about one more circumstance. If one of the owners of a share in common property wishes to sell it, then the owners of other shares will have the preemptive right to buy it. This means that the owner of the share will have to obtain from his neighbors a written refusal to purchase his share before he can sell it to any third party. And if the price offered to neighbors, and actually indicated in the purchase and sale agreement, differs, then his neighbors have the right to appeal the legality of such a transaction in court.

With the allocation of a share, the issues of paying for utilities and repairs are also partially resolved. Although the personal account will remain the same, the owners will perform joint and several obligations to pay for utilities, that is, pay equally. Therefore, after the theoretical determination of shares, they move on to the practical part, that is, the determination and allocation of shares in kind.

Therefore, let’s look at typical options for solving this issue. Although their choice may be limited in each specific case.

Simple and convenient option

Let's start from simple to complex. As you know, there are different types of apartments, but a house that has at least two apartments should be considered multi-apartment. That is, such a house can be one-story. In this case, identifying and then separating the shares is quite simple. According to the law, the apartment can in reality be divided in half, but a number of technical requirements must be met. This is the presence of a separate exit and isolated utility rooms for each of the shares (kitchen, bathroom, bath). In a one-story house, it is most often possible to meet such requirements. That’s why most owners go for this option.

The owners are reconstructing their home, and technically the house becomes completely divisible. As a result of such actions, “half the house” and other similar words are formed. The only difficulty again is with determining the shares in kind, since the rooms have different areas and are not divided equally. In this case, the owners will have to seek a compromise and come to an agreement so that all the premises are divided equally, and the owner who received the majority of the area will have to compensate for the excess area with money or other property. If there is an odd number of rooms, then it is possible that the large one will go to one person, and the two small ones to another owner. And the difference will be compensated.

Therefore, despite a number of technical difficulties, owners usually manage to resolve the issue on favorable terms.

Apartment in an apartment building

However, if the apartment is located on the 9th floor of a multi-story building, where any reconstruction is prohibited, how can a separate entrance be cut? From a legal point of view, the situation is deadlock. But since there are many such cases, judicial practice is forced to look for solutions.

Technically, an apartment in an apartment building cannot be divided in half. And any construction and technical examination will confirm this. In this case, the ordinary apartment will gradually turn into a communal apartment. This is done relatively simply, if only the rooms in it can be divided. The court will try to divide the rooms in half so that the area of ​​the resulting shares is approximately equal. This option is practically possible in large apartments consisting of 4 or 5 rooms. In such an apartment, you can divide the rooms so that the total area of ​​the shares is approximately equal.

If such problems exist, it becomes necessary to determine the procedure for using the balcony, kitchen and other common areas. The ideal option is for the parties to agree on how best to live their lives. In such a situation, the court will happily approve the settlement agreement, and the issue will be resolved.

It is much worse when these issues have to be resolved by the court in the absence of the consent of the co-owners. Then the court's decision will not only not solve the problem, but will make it even worse. After all, the party that feels disadvantaged will not simply leave this matter, and therefore problems in later life are guaranteed for both owners.

This is where the experience of our specialists in solving these issues comes into play. After all, when negotiating, our specialists have nothing to do with mutual hatred or hostility. Therefore, the other party is more likely to make contact with them. Many of our specialists also have the skills of a psychologist and can negotiate with several people at the same time. This means that it will be much easier to reach the stubborn co-owner. In addition, our specialists try to extinguish the conflict and bring the parties to a normal, human dialogue.

The best way is not threats or pressure, as many believe and act, but a normal, understandable and accessible explanation of the situation to the parties, an explanation of the rules of the law and the capabilities of the court.

As our practice shows, in most cases our specialists resolve issues by reaching a settlement agreement. Because this is the best option. In one of these cases, our employees managed to convince spouses who had even been talking to each other through intermediaries (police officers and neighbors) to come to an agreement for several years. Because it was impossible to resolve the impasse otherwise. In some situations, we convince owners to sell their shares to one person, since this is the most reasonable option, or to sell their share to another party in installments, since a person may not have a large amount of money right away.

In any, even the most advanced situation, our specialists will find an option that will suit all co-owners. Therefore, the choice is yours: to litigate for years or resolve the issue with our help relatively quickly and inexpensively.