Often on the territory of one real estate people live, who are former spouses or even outsiders. Various conflicts may arise between them, but most often there are disagreements in the process of allocating payments for utilities. Such disputes may arise when living in a private or municipal apartment. To prevent regular scandals, the best solution would be to split one personal account. The procedure can be performed in different ways, but the question most often arises of how to split a personal account in a municipal apartment through a court. The fact is that it is almost impossible to draw up a peace agreement due to poor relations between citizens.
basic information
The municipal apartment is the property of the region, so people living in this property are only tenants. Between them and the municipality a social loan agreement was signed. A person can be registered in this apartment only with the consent of all tenants.
It is impossible to sell or exchange such housing, since initially it will be necessary to privatize it, but to complete this process, you need the consent of each tenant. If one tenant refuses to pay for utilities, then the rest of the citizens need to figure out how to divide the personal account in the municipal apartment. After this process, each citizen will pay for utilities on a separate receipt, so he will not have to repay the debts of other tenants.
The procedure is rarely performed in a peaceful manner. To do this, you need to obtain consent from the representative of the municipality and other residents. Therefore, usually people think about how to split a personal account in a municipal apartment through a court. Under such conditions, each tenant receives a separate receipt for which he pays for utilities.
Reasons for the implementation of the process
Many people living in such real estate are thinking about how to split a personal account in a municipal apartment. The procedure may be required for various reasons. The most popular reasons include:
- people who are former spouses continue to live in the same apartment even after an official divorce;
- several families live on the same living space;
- people living in an apartment are not relatives;
- there are various disagreements between the tenants;
- for one reason, one of the tenants refuses to pay for utility bills, while others do not want to pay off the debt for it;
- often, the section of one personal account is due to the fact that the building is recognized as an emergency, so people in this way try to get a lot of living space in a new house.
The initiator of this process can be any tenant in this property. After the section of the account, people will pay their receipt on their own. Each document will contain information about the payment for the maintenance and repair of the house, as well as for the use of various resources represented by electricity, water, heating and sewage.
Rules for providing benefits
Some citizens who are retired, disabled, labor veterans or other beneficiaries may pay for housing and communal services at a discount. When dividing the account, it is important to submit documents to the court confirming the citizen’s right to use this exemption. In this case, the discount offered to the citizen at the state or municipal level will already be taken into account in the new receipts.
Therefore, before dividing an account in a municipal apartment, certain documentation should be prepared that confirms the human right to use certain types of assistance. But the recipient of benefits should not have debts for utilities.
Who can be the initiator?
Any tenant of the apartment can initiate this process, but at the same time it must meet the following requirements:
- a citizen must be capable and of full age;
- it is allowed that the procedure begins with a close relative of one of the tenants, but he must have a power of attorney certified by a notary;
- Children are represented by their parents or legal guardians.
Initially, we must try to resolve the differences in a peaceful way. But if you can’t find a compromise with other residents of the apartment, you will have to go to court.
How to split a personal account in a municipal apartment?
There are several ways to perform this procedure. Residents of the apartment independently choose how to divide the personal account in a municipal apartment in Moscow or another region of the country. The main methods include:
- verbal agreement between tenants regarding the distribution of fees for housing and communal services, but usually this method does not give the desired result, so anyway there are debts or other problems;
- privatization of real estate for all residents with mandatory allocation of shares, after which each co-owner will be able to receive a separate receipt;
- drafting a peace agreement with the consent of all tenants, after which this document with a statement is transferred to the Criminal Code;
- transfer of the statement of claim to court, if it is impossible to split the bill by peaceful means for various reasons.
Usually there is too bad a relationship between the tenants of the same property, so filing a lawsuit is considered the only way out of a difficult situation.
Rules for making a claim
Most often, people think about how to split a personal account in a municipal apartment after a divorce. This is due to the fact that former spouses cannot reach a compromise, therefore they quarrel regularly. Sometimes one of the tenants simply refuses to deposit money in the form of a payment for utilities.
Additionally, people go to court if the EIRC staff refused to split the account on the basis of an agreement. The lawsuit is filed with the district court, and the organization is selected at the address of the apartment where citizens live.
What data is included in the lawsuit?
The following information must be included in the application:
- name of the court where the claim is transferred;
- data about the plaintiff and defendant;
- information about the management company with which the contract is concluded;
- the reasons for which it is required to divide the personal account are given;
- the main parameters of municipal housing are indicated, which include the address of the apartment, its area and other characteristics;
- a direct request to divide the personal account, and it is additionally indicated in what proportions payments should be made by each apartment tenant;
- at the end is the date of the claim and the applicant’s signature.
If the court makes a positive decision on the claim, the applicant receives a writ of execution. This document must be contacted by the EIRC.
What documents are attached?
Before you split the accounts in a municipal apartment with debts through the court, it is important to prepare a certain package of documents for these purposes. The following papers must be included in it:
- direct statement, which can be collective if all tenants of one apartment act as initiators of the process;
- receipt confirming payment of state duty in the amount of 300 rubles;
- applicant's passport;
- extract from the house book containing information about who is registered in real estate;
- social loan agreement drawn up with the local administration;
- technical passport for the apartment;
- certificate from the Criminal Code regarding the presence of debts and the state of the account
Additionally, other documents may be needed. For example, if earlier a peace agreement was drawn up between the tenants, the provisions of which were violated, then a copy of it must be submitted to the court for examination. If only one citizen living in real estate is a non-payer of housing and communal services, then other citizens should prepare payment documents confirming that they pay a fee on time.
Process consequences
There are several ways to split a personal account in a municipal apartment. But before implementing any method, citizens must evaluate the consequences of this process. These include:
- each tenant will pay a separate receipt;
- if one citizen refuses to deposit funds, then the debt is assigned to him, and not to all tenants;
- if there is a large debt with one tenant, then it will be possible to apply to the court in the future for his forced discharge.
The consequences in most cases are positive, so many people who live in the same apartment with unauthorized persons or former spouses prefer to share one personal account.
Conclusion
The personal account in municipal housing can be divided peacefully or forcibly. In the first case, a peace agreement is drawn up, but if a compromise cannot be found, then a lawsuit is filed in court. Based on a court decision, one account is divided into several parts.
After completing this process, each tenant will pay for utilities on the basis of his own receipt.
