Lawyer for housing dispute has achieved recognition of the right of ownership of the apartment

If the participants in the share ownership have not agreed to cost share an apartment, their dispute shall be resolved in court.

My doveritelnyi – B., owned ½ share an apartment. The second half of the apartment was owned by C-S. it is not actually lived in the apartment expenses are not carried. Apartment historically belonged to the family of doveritelnyi.

07 Nov 2017 C. sent B. the proposal to buy back its shares at apparently inflated price.

With the successful experience of representation for cases in this category, I as the lawyer on housing disputes, prepared statement of termination from C-to C. the right of ownership of the ½ share of property, the recovery of the plaintiff in favor of S. appropriate compensation, recognition for doveritelnyi rights of ownership to the whole apartment.

In the process of judicial review was scheduled and conducted assessment examination in ANO "Independent expert appraisal Bureau". According to experts, the cost of a half share in a Studio apartment with an area of 38.8 sq. m. belonging to the plaintiff and defendant amounted to 1 870 570 rubles.

During the proceedings, the court agreed with my arguments, and came to the conclusion about impossibility of allocation to the defendant of the isolated space, proportionate to his share in the apartment, the necessity of ending the joint ownership of the apartment.

05 Jun 2018 Tushino district court of Moscow examined the case No. 02-437/2018 at the suit of B., C., ruled:

  • Terminate the right of ownership of S. ½ of the share of joint B. the apartment.
  • To recover from B. in favor of C. payment of ½ share in the amount of 1 570 870 rubles.
  • To recognize doveritelnyi the right of ownership to the whole apartment.
  • To recover from the defendant the costs of the expert assessment in the amount of 18 000 roubles.

If you have any housing disputes contact the attorneys and lawyers, arubotaim successful practice of representation in such cases.

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