How to divide a personal account with shared ownership. Is it possible to arrange the division of personal accounts in a municipal apartment?

Although the contract with the housing organization is concluded by one of the owners, All adult owners are required to pay expenses. Also, each of them has the right to be responsible for paying only their own expenses. You can split bills only in an apartment located in. If the property is joint, you will have to allocate shares.

How is this regulated by law?

In the Russian Federation, the procedure for dividing payments for housing and communal services bills has a strict legislative framework. In the law, the division of bills is called the allocation of a share in payment for housing and communal services and is regulated by articles 247 and 249 of the Civil Code and article 155 of the Housing Code.

The division of a personal account is carried out on the basis of Part 3 of Art. 31 LCD, clause 5, part 2, art. 153 ZhK, part 1 art. 158 LCD.

Article 247. Possession and use of property in shared ownership

1. Possession and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court.
2. A participant in shared ownership has the right to be given for his possession and use a part of the common property commensurate with his share, and if this is not possible, he has the right to demand from other participants who own and use the property falling on his share, appropriate compensation.

Causes

The underlying reason for wanting to split accounts is financial. Some owners are irresponsible when it comes to paying for housing and communal services, and believe that the one in whose name the receipts come should pay. But this is not true.

All owners, as well as other persons registered in a privatized apartment, are required to contribute funds in equal shares for utility costs.

Often such disputes arise between ex-spouses. One person stops paying, the second, unable to cope, accumulates debts. If the first does not yet have an official source of income, but the second does, then again the bailiffs will collect the debt from him.

It may happen that one of the two owners pays only half the amount, although he has children who are registered at this address. Since most utilities are based on the number of people, it is fair for a parent to pay for their children rather than half the amount. There are many similar disputes, but it all comes down to one thing: someone pays and someone doesn’t.

Do you need the consent of other owners?

A division is possible by concluding an agreement between the owners. However, in most cases, the one who refuses to pay will not want to split the bill, so he will have to go to court. Of course, a peaceful solution to the issue is easier and faster. Therefore, first of all, the owners should try to come to an agreement among themselves.

You can not divide the bills at all, but simply conclude an agreement at the notary’s office on who will pay and how much. This will help save time and become the basis for holding the defaulter accountable.

How to apply?

If everything is smooth, an agreement has been reached between the owners, the apartment is in shared ownership and there are no other obstacles, then the procedure for allocating a share in payment for housing and communal services should begin.

Find out more about how to allocate a share in a privatized apartment and what else you can do with part of your home.

Where to go?

You must contact either the management company or the HOA. Each of the apartment owners writes an application on his own behalf and attaches to it a copy of his certificate of registration of the right to ownership of a share in the apartment. Management staff will handle the registration, recalculation and allocation of new accounts.

As a result, payments will be sent to each owner with payment commensurate with his share in the common property. The application is written in free form; it is important to indicate the following information:

• To whom the application was submitted - the full name of the management company.
• Personal data of the applicant.
• Indication of other co-owners and their shares.

The application can be written by one person, but the other owners must sign it.

Required documents

In addition to the application, you need to take the following documents with you:

1. Passports of all co-owners.
2. Technical documents for the apartment.
3. A copy of your existing personal account.
4. Documents confirming ownership.

The documents, or rather their copies, are submitted along with the application to the management company or HOA. You can submit documentation through the MFC. If the application was written by one owner, documents from other owners are still needed. In addition, you will have to attach a written agreement from the owners on the division of accounts.

Registration deadlines

There are no clearly established time limits for such issues. First, a decision will be made, then a recalculation will be carried out, and the management company will conclude new agreements for the provision of services with each owner. At the end of all these stages, each owner will receive a separate receipt for payment of housing and communal services.

Cost and state duty

If the issue is resolved peacefully, then no payment will be required. Unless, if there are no technical documents, then they will have to be made by paying for the services of the BTI. The cost of their services is set by local legislation.

The process of allocating a share in payment for housing and communal services is free of charge. If the issue is resolved through court, you will have to pay a state fee of 300 rubles.

In what cases can they refuse?

In some regions of the country, the division of personal accounts is prohibited. This comes from the fact that the authorities perceive such an action as a change in the status of housing closer to the communal type. Therefore, it is necessary to clarify in the application that the section applies only to payment for utilities, and not to the procedure for using the premises, etc. There are other reasons for refusal:

• The owner wants to split the bill with the registered tenant. This is impossible because only owners can have personal accounts. The registered occupant must pay voluntarily.
• One-room apartment.
• There is a debt to utility companies.
• The apartment is the subject of collateral to a credit institution.
• Housing under encumbrance. An encumbrance is considered to be a mortgage, a long-term lease or lease agreement and other circumstances.
• If there is no consent of other owners.

In any case, refusal is not a reason to stop. To achieve what you want you will have to go to court.

Features and nuances

We looked at an example when everything is fine and you only need to submit documents and wait for the consent of the management company. But various difficulties may arise that change the course of the process.

Section by shares

Previously, ownership rights were issued in a joint form, now each owner receives a document confirming the right to his share. It is impossible to split accounts without having a share in a privatized apartment. Therefore, the co-owners must draw up a written agreement at the notary's office about what share belongs to whom. Next, the notarized agreement is registered in the Rosreestre. From now on, each co-owner will have a clearly defined share in the apartment.

Read more about the process of dividing a privatized apartment in different situations provided for by the law of the Russian Federation.

Through the court

If there is no consent of the co-owner, or a refusal is received from the management company, then you will have to file a claim in court. You need to attach the following documents:

1. Passport.
2. Technical documents for housing.
3. Help from the house register.
4. A copy of the personal account.
5. Confirmation of payment of state duty.

You need to contact the district court at your place of residence. The meeting will take place within a month; it is not necessary to attend. Within up to 10 days, the applicant will receive a decision according to which the court will oblige the management company to split the accounts. With this decision and the necessary package of documents, you should contact the management company again.

But sometimes the court can refuse. It's all about the same confusion of concepts, when the division of bills is taken as a transition to the status of a communal apartment. Although, according to the law, the division of bills does not make the apartment communal. Therefore, it is worth asking about judicial statistics of such claims in a given subject of the Russian Federation.

Possible difficulties

If other owners refuse to draw up an agreement on the division of shares, then it is necessary to address this issue to the court. – this is a legitimate requirement. By court decision, each co-owner will have their own share in the apartment.

Conclusion

Management companies are extremely reluctant to respond to applications for the allocation of a share in payment for housing and communal services. Therefore, lawyers advise immediately going to court. However, there is nothing difficult about first asking the Criminal Code about this possibility. A notarized payment agreement may be a good option. To confirm your position in the Criminal Code or court, you can submit documents that confirm payment of utility bills by one owner.

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The division of personal accounts is one of the most controversial concepts in the modern housing sector.

This is due to the peculiarities of the legislation and controversial situations that arise in practice when the owners of one residential premises cannot agree on the procedure for incurring housing and utility costs or avoid paying assessed contributions.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Separation of a personal account from a legal point of view

Since the Housing Code of the Russian Federation came into force on March 1, 2005, the issue of division of personal accounts has not been regulated by law.

This is due to the state policy of gradually eliminating such a thing as a communal apartment.

Since a financial personal account is a document issued exclusively for residential premises (and not for owners) belonging to citizens on various grounds, its division means the formation of two or more newly created residential premises from one and, therefore, the creation of a communal apartment.

In practice, it is impossible to carry out such a division in most cases, due to the lack of norms in the legislation regulating such a procedure and the positions of judicial and other government bodies.

The generation of separate payment documents while maintaining one personal account is allowed, which is what happens in practice in most cases.

Based on certain legal provisions, it is possible to solve the problem of dividing fees for and other contributions in the housing and communal services sector, since:

• Each owner is responsible for the timely payment of fees associated with the use of residential premises in proportion to the size of his share in the ownership of housing (Article 249 of the Civil Code of the Russian Federation);
• In municipal (state) housing, family members of the tenant have similar rights and obligations, and former family members bear responsibilities for maintaining housing independently (Article 69 of the Housing Code of the Russian Federation).

Division of personal accounts is not allowed if:

1. The apartment belongs to the official (departmental) housing stock;
2. Interim measures have been imposed on real estate by the court or bailiffs;
3. The residential premises are individually owned.

When does an apartment belong to the municipal housing stock?

Tenants of municipal (state) housing, intending to split their personal account, usually pursue the following goals:

• Streamlining the making of payments by persons entitled to reside in the apartment;
• Get more housing if eviction is expected and other comfortable housing is provided (for example, the house is recognized as subject to demolition).

The allocation of shares in payment for housing and communal services is carried out in relation to former family members of the employer and is not associated with the conclusion of separate social rental agreements.

The parties can determine the procedure and amounts of payments by drawing up an appropriate agreement. A proposal to conclude such a document can come either from the employer under a social tenancy agreement or from a former family member.

To prepare individual payment documents, such an agreement is submitted to the management organization (settlement center). However, these authorities in most cases do not consider this document as a basis for dividing a personal account.

If the authority charging housing and utility payments refuses, as well as if an agreement between the users of the residential premises cannot be reached, the dispute is resolved in court.

During the trial, the court, as a rule, determines the share of participation of the former relative of the tenant in bearing expenses according to the percentage due to him of the total area of ​​the municipal apartment.

If you want to know the requirements for preparing a technical plan for a residential premises, we advise you to read.

If the housing is privatized and privately owned

The determination of the procedure for payment of housing and communal services for residential real estate owned is also carried out, both on the basis of an agreement between the owners and within the framework of legal proceedings.

The Civil Code of the Russian Federation contains direct instructions regarding the division of property and, accordingly, responsibilities for its maintenance within the framework of the shared ownership regime.

Owners who have a share in the right to residential premises bear the costs of paying for housing and communal services in proportion to their share in the manner prescribed by the agreement between the owners (Articles 247, 249).

The Housing Code of the Russian Federation specifies the composition of such expenses (major repairs, payment for the maintenance of housing and common property) and, similarly to the Civil Code of the Russian Federation, establishes the principle of shared liability.

If the need arises to issue separate invoices for payment of housing services, the owners, referring to the above provisions of the law, can submit a corresponding application or agreement to the management organization.

If it was not possible to reach an agreement, it is necessary to go to court, which will determine the procedure for using the home and incurring expenses for its maintenance.

In the cases considered, only the separate generation of payment documents is considered, and the personal account remains alone.

The division of a personal account is possible only in situations where it is permissible to allocate the owner’s share in kind.

This section involves the redevelopment and creation of two or more separate premises from the disputed housing.

This method is in most cases applicable to owners of individual residential buildings, since it is only possible if the newly formed premises have a separate entrance and their own utility rooms (kitchen, bathroom).

How to divide utility bills by agreement of property owners?

The legislation does not impose any special requirements on the agreement on the procedure for bearing the costs of housing maintenance, therefore it is advisable to conclude such a document in accordance with the general conditions of civil legislation on transactions.

The document is drawn up in writing, notarization is not necessary.

The number of copies must correspond to the number of participants and additional copies are issued for:

1. Managing organization (settlement center, HOA);
2. Resource supply organization(if the contract is concluded directly with such an organization).

Depending on the established practice in such organizations, a special application may be required.

We invite you to download a sample agreement on the procedure for using residential premises in common shared ownership and the procedure for paying for housing and communal services: Download the form.

Division of account in court

A statement of claim for dividing a personal account or establishing a procedure for incurring expenses and using residential premises is submitted to the judicial authority at the location of the disputed property after compliance with the pre-trial procedure for resolving the dispute.

There must be a refusal to enter into an agreement or a refusal by the management organization to issue individual payment documents.

This dispute is considered non-property, therefore the amount of the fee in accordance with the Tax Code is 300 rubles.

What documents are needed to separate a personal account?

The list of documents attached to the claim differs depending on the situation under consideration; as a rule, it is necessary to provide:

• Social tenancy agreement or documents confirming ownership;
• Agreement;
• Agreements with resource supply organizations;
• Extract from the personal account;
• Certificate of presence (absence) of arrears in payment of housing and communal services;
• Technical plan.

We invite you to download a sample statement of claim about dividing a personal account, determining shares in payment for housing maintenance and utilities: Download the form.

A court decision that has entered into force is mandatory for execution by both persons living in residential premises and organizations in the housing and communal services sector.

Personal accounts section. We invite you to watch the video.

Homeowners are required by current legislation to pay utility bills on time. In accordance with Article 153 of the Housing Code of the Russian Federation, adopted in 2005, such an obligation arises from the moment ownership rights arise. In the Civil Code of the Russian Federation, Article 249 specifies that the responsibility of each owner for paying utilities is proportional to the available share. In general, residents, most often members of the same family, decide who will pay for the utilities and how, however, it also happens that it is not possible to reach a consensus peacefully. Such cases are not uncommon when it comes to former spouses living in the same living space or heirs who do not want to voluntarily agree among themselves on the procedure for dividing expenses associated with inherited real estate. In such situations, the question of how to divide the personal account in an apartment with shared ownership becomes extremely relevant, so that each owner can make payments individually.

What are the difficulties associated with dividing a personal account?

The Housing Code of the RSFSR, in force before the new Housing Code of the Russian Federation came into force in 2005, provided for a similar distinction. In particular, on the basis of Article 86 of this legislative act, which had already lost force, persons who were no longer relatives had the right to conclude a personal social rental agreement, according to which the subsequent division took place. In fact, this happened by dividing real estate in kind, provided that the area and technical characteristics of the premises allowed this to be done. Thus, an ordinary apartment turned into a communal one. But due to changes in the internal political course of the state aimed at eliminating such a phenomenon as communal apartments, there are no such provisions in the new Housing Code. However, the lack of regulatory standards has not reduced the urgency of the problem. However, in the current Housing Code of the Russian Federation there are no regulations that directly or indirectly prohibit the division of personal accounts for owners if such a need arises.

Personal account

A personal account (hereinafter referred to as “PA”) is opened for the entire premises as a whole, no matter whether we are talking about privatized living space or housing provided for use on the basis of a social tenancy agreement. Monthly receipts for utilities are generated on the basis of the LS. This document contains the following information:

• information characterizing the premises, including footage, number of rooms, level of wear;
• information about the owner and persons living together;
• information on specific public services provided by resource supply organizations.

In cases where there has been a change in the owner of the property or the housing has undergone changes through redevelopment, appropriate changes are made to the financial and personal account by employees of the Unified Information and Settlement Center, after the owner has submitted an application to the EIRC and provided supporting documentation.

How to conduct a section

It is possible to split personal accounts if the following conditions are met:

1. Real estate has been privatized.
2. The apartment is in shared ownership with a separate share allocated to each of the owners.

For example, if we are talking about former spouses living in the same apartment, when the living space is registered in the name of only one of them, the division of the property first of all requires the allocation of a share with the receipt of a separate certificate of ownership. Since everything acquired during marriage is the joint property of the spouses, in order to divide the real estate it is necessary to conclude a notarial agreement on the separate property regime with a notary, on the basis of which Rosreestr will issue title certificates for each of the spouses indicating the size of the shares.

After receiving certificates from Rosreestr, owners can contact the HOA or Management Company with a statement of intent to receive a divided LAN for each of the owners of the premises. To do this, an application is submitted to the HOA or management company for the allocation of an individual property on the basis of existing certificates of ownership of part of the living space and an agreement concluded between the owners. The agreement is concluded in advance in writing and certified by a notary. There are no specific requirements for this document; its preparation is determined by the general conditions for such documents in accordance with civil law. The agreement itself explains the procedure for payment, the amount of payment and the time frame for payment of utility bills by each of the owners. The number of copies of the completed agreement must be equivalent to the number of participants who concluded it, plus additional copies are produced for organizations providing public services, depending on their total number.

Judicial procedure for partition

Sometimes housing maintenance organizations groundlessly refuse to delimit drugs, or the home owners themselves cannot come to a compromise on this issue. In this case, the only way to distribute the load on the “utility” is to apply to the judicial authorities. Cases of this kind fall under the jurisdiction of justices of the peace and are non-property, therefore the amount of the state duty in accordance with the Tax Code of the Russian Federation will be 300 rubles for the initiator of the division. The jurisdiction of the case is determined according to the location of the apartment in which the drugs are to be divided. Along with the statement of claim, the judicial authority will need to provide certificates of ownership and technical documentation of the housing, as well as a receipt confirming payment of the state fee.

In cases where, in the presence of an agreement between the owners, there is an unreasonable refusal by the Management Company to allocate separate drugs to each of the owners, the agreement concluded between the owners must also be submitted to the court. In addition to the above, documents such as an extract from a personal account and a certificate of absence of debt for consumed utility resources, or an installment agreement from resource supply organizations may be required. If the court makes a decision that is positive for the plaintiff, after it comes into force, the housing maintenance company is obliged to comply with the court order, making a distinction by generating payment documents for each of the owners.

Conclusion

To summarize, it should be noted that the terminology of dividing accounts in a shared apartment most often means the formation of individual payment documents for owners in proportion to the share in the property without actually dividing a single LP for the entire premises. It is possible to divide the existing financial and personal account of a separate apartment only if there are possibilities for redevelopment of housing, in which each of the owners of shared ownership will be assigned a living room with a separate entrance and utility rooms in whole or in part, such as a kitchen, bathroom, storage room. This option is most optimal for private houses, where there are opportunities for redevelopment of the home with the creation of autonomous parts with a separate entrance for each owner.

Important! The division of drugs in a one-room apartment cannot be made due to the inability to allocate a share of housing in kind.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

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The division of personal accounts between apartment owners allows you to differentiate between the accrual and payment of utility services. This procedure is accompanied by many difficulties, since accounting of consumed resources, as a rule, occurs on the basis of instruments. Let's look at the practical importance of dividing a personal account for paying utility bills, and what options can be taken to achieve this.

What it is

Ownership and use of residential premises is possible on the terms of social rent, on the right of ownership or lease. A mandatory legal requirement for residents is timely and full payment for housing and communal services - electricity, water supply and sewerage, gas supply and heating. Accounting for the quantity and volume of consumed resources is carried out in the following ways:

• based on metering devices that have the necessary certificates and are installed in compliance with legal regulations;
• according to standard indicators - if there are no metering devices in the apartment, accrual occurs according to standard indicators approved by legislative acts;
• according to the area of ​​the apartment - for heating.

When concluding a social tenancy agreement or registering ownership of housing, a personal account is opened. This means that the management company or housing and communal services enterprise will charge payments for utilities and issue payment receipts to each person indicated in the personal account.

The composition of residents can change repeatedly, and personal account information also changes automatically. In most cases, this does not require an additional application - all information about permanent or temporary residents is transmitted automatically from passport offices.

By default, a single personal account is issued for the apartment, and all residents have equal rights and responsibilities for paying utility bills. This rule also applies to shared ownership, when housing belongs to several citizens. Also, the obligation to pay for housing and communal services is assigned to citizens who do not have property rights, but are settled legally and have received the right of permanent residence.

To divide personal accounts, you need to use the rule regulated by Art. 249 of the Civil Code of the Russian Federation and Art. 155 of the Housing Code of the Russian Federation - payment of payments between participants in shared ownership of an apartment occurs in proportion to the size of their shares. Consequently, dividing a single account into several independent accounts allows you to differentiate between payments accrued by the management company or housing and communal services enterprise.

The following options are available for the accounts section:

1. concluding a mutual agreement between the owners without contacting utility services - in this case, payments are divided in the proportion established by agreement between the owners, and they are recorded on a single personal account;
2. concluding an agreement and submitting it to the management company or housing and communal services enterprise;
3. by going to court if the application was denied.

Let's look at the nuances of each of the listed options for dividing personal accounts.

Conclusion of an agreement

If the housing is owned by several persons, they can agree among themselves on the distribution of payments for utilities. In this case, a single receipt will be issued for the apartment, and payment will be made after the transfer of funds by each tenant to one of the owners. This option can be done without contacting resource supply organizations, and if arrears in payments arise, a claim will be brought against all owners.

Owners can distribute shares in payments at their own discretion, including in unequal parts.

This agreement is drawn up in simple written form; it does not need to be certified by a notary. If the agreement is signed by all owners, if one of the residents refuses to contribute funds, this amount can be recovered in court. Please note that the refusal of one or more owners to pay for housing and communal services, if there is an agreement, does not matter for the management company - collection in court involves bringing each owner as a defendant.

Contacting the management company

Having concluded a mutual agreement, the owners can submit an application to the management company or housing and communal services company. For this option of dividing personal accounts, the following documents are submitted:

• an application signed by each owner, or a separate application for each shareholder;
• a copy of a passport or other identity document;
• agreement signed by each owner;
• copies of title documents (USRN extract, certificate of title).

Please note that the personal account may include tenants who do not have ownership rights to the apartment. They must also be parties to the agreement, since the law establishes a single obligation for timely payment for housing and communal services.

When considering an application, the following rules are taken into account:

1. When dividing personal accounts, the amount of resources consumed will be determined according to general rules, i.e. according to meter readings or regulatory data;
2. installation of separate metering devices for each owner is, as a rule, impossible, since each shareholder has equal rights and obligations for the common property of the apartment;
3. data on consumed resources will be divided between different personal accounts in the proportion specified in the agreement and application.

Naturally, it is easier for the management company to maintain a single account for residential premises and issue a single receipt for payment. Therefore, an application for division submitted by the owners will most likely be rejected. In this case, you can achieve the division of personal accounts by filing a lawsuit in court.

The procedure for dividing a personal account through the court is possible not only if there is a mutual agreement, but also at the request of one of the owners. For example, if one or more tenants systematically evade payment, the amount of debt can be regularly collected from them, or a claim can be filed to divide the personal account.

To file a claim for division of a personal account, receive a written refusal from the management company. Also, the basis for going to court will be the lack of response to the submitted application within a month. Any of the owners can file a claim, or a class action lawsuit will be considered.

To consider the case, you will need to submit the following set of documents:

• statement of claim;
• copies of passports for each plaintiff;
• title documents for each share in a residential premises - an extract from the Unified State Register of Real Estate, a certificate of title, a certificate of inheritance, etc.;
• agreement between owners on the division of personal accounts;
• technical plan for residential premises (if the agreement provides for the allocation of separate residential premises to each of the shareholders);
• an extract from the personal account (taken from the management company at the time of consideration of the claim);
• correspondence with the management company or resource supply organization about the out-of-court division of personal accounts;
• certificate of absence of debt;
• payment document confirming the transfer of state duty.

These categories of cases are considered in district courts at the location of the defendant, i.e. management company. The claim can be filed by mail or in person at the court office. Each of the owners will be a participant in the process, declaring independent demands.

If an apartment is allocated to citizens on social rent terms, the personal account can be divided only in the event of termination of family relations. In such circumstances, the lessor is involved in the case.

A positive court decision will be the basis for the forced division of personal accounts. The judicial act will indicate what share of the total amount of consumed resource falls on each owner (as a rule, this part is proportional to the size of the share). A certified copy of the decision must be submitted to the management company or settlement center, and if the judicial act is not executed voluntarily, the writ of execution is sent to the FSSP service.

How does the actual division of a personal account take place based on a judicial act? An agreement will be concluded with each of the owners with the opening of separate personal accounts. In this case, indoor metering devices will be common property, and residents retain the responsibility for timely replacement of the specified equipment, their verification and data transfer (if there is no automatic transfer of information). The owner has the right to independently decide which of them will be responsible for transmitting information to the management company, and how payments for the repair or replacement of metering devices will be collected.

From the moment the personal accounts are divided, each shareholder will receive a separate receipt. To calculate the amount of utility bills, the receipt indicates the proportional part of the payment for the total amount of resource consumed. The specified proportion will correspond to the agreement of the owners, set out in the agreement, or a judicial act. After the division of personal accounts, if arrears arise for utility bills, collection will be carried out from each owner separately.