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The court allowed the Khabarovsk woman to live in a roommate
By the decision of the court, Khabarovchanka was able to move into the apartment from which her roommate drove her out. Since a woman is a shared owner of a dwelling, no one has the right to drive her out of the premises.
According to the press service of the UFSSP in the Khabarovsk Territory and the EAO, several people lived in the disputed apartment in the Industrial District of Khabarovsk, one of whom decided that the woman would not live there anymore and kicked her out. However, the Khabarovsk woman challenged this in court and returned to the apartment. The cohabitant, who had previously evicted her, did not interfere with the court decision. According to experts, such disputes with several homeowners are not uncommon.
“Unfortunately, residents of small-sized apartments more often become co-owners. Once it could be privatized to all family members, but time has passed, changes have occurred in the composition of the owners of shares. Someone received the share by inheritance, someone in general bought a share in the common ownership right, because other residents who lived with the seller refused to purchase this share, ”explains Zhilfin.rf, an expert at the information portal (within the framework of the project of the Ministry of Finance of Russia financial literacy) Lolla Kirillova.
By law, even if the owner’s share in the apartment is 1 / 9, he has the right to reside in it. However, Art. 252 of the Civil Code says that when the share of the owner is insignificant, it cannot be really allocated, then he does not have a significant interest in using the common property. The court may, in the absence of the consent of such an owner, oblige the remaining owners to pay him compensation.
“To do this, you need to file a lawsuit demanding to recognize the share, for example, 1 / 6, in the apartment as insignificant, and terminate the ownership of the defendant with payment of the market value of the share,” the expert notes.
If the share is significant (1 / 2-1 / 3), then it is better to agree with all the co-owners on the joint and simultaneous sale of the apartment. If it doesn’t work out, you’ll have to live with other owners.