So, you became the proud owner of inherited real estate. But the joy can fade when it turns out that the inheritance division is coming: it turns out that other people apply for a residential property to their relatives. The history of the section may last long and end unfavorably without relevant knowledge.
The heritor who controls the process with the help of knowledge or with the support of a qualified professional is usually in the advantageous position. Understand the issue yourself: you should correctly and legally get the inherited property in your one or use the services of a professional real estate lawyer. You decide solely.
Inheritance of belongings to shared ownership
Most often, real estate departs to the heritors by a court decision: this is due to the fact that it is rare to draw up a will in advance. In such cases, legal grounds for obtaining an inheritance may be with several relatives including those about whom you did not previously know. It is good if good relations and upbringing allow us to agree amicably with each other without litigation and exchange a two-room apartment for a one-room residence.
And how to divide the residential property without a will between the heirs who can not stand on each other’s spirit?
And there are plenty of such cases in the practice of lawyers. If several relatives enter the rights of inheritance, they receive belongings and other ownership in the common shared property in which each of them owns some part of it. Household and movable ownership (except transport) may usually be divided without conflict by verbal agreement. A section of real estate can provoke a dispute between the heirs: a residence – an object which is difficult to divide without disputes and grievances. Yes, at the end of the proceedings, each heritor receives a document in which his/her part of the apartment is indicated. But how to implement the section in practice?
How to divide a residential property by inheritance: follow the letter of the law
In order to divide a residence by inheritance, it is necessary to know three practical ways:
- the allocation of shares to each heritor, in which all rightholders receive a certain part of the residence;
- division into shares, when one heir receives the whole residential ownership, financially compensating the rest of their parts;
- if it doesn’t work out, you may use the radical method of selling belongings, dividing the money proportionally.
Important! When dividing into shares, the living and total area is taken into account. Balconies do not belong to any category, but they are accepted when calculating the total area with multiplication by a factor of 0.3%.
Pitfalls under the section
In practice, when relatives divide an apartment in inheritance, especially if they do not maintain a relationship, difficulties arise which make it necessary to go to court. The problems are different: they cannot agree on the rooms to be allocated; someone cannot pay the compensation.
Therefore, for a decision that will suit everyone, it is necessary to take into account the interests, wishes and legitimate reasons of each of the parties. And how to take them to court, if the heritors do not agree among themselves? Such processes, taking into account all appeals, can last for years.
A lawyer is a solution to a complex problem
How to get out of the situation with the least loss? Our recommendation is to contact a good lawyer. Having studied the claims of the parties, he/she will help to come to a compromise in a short time before the moment the conflict between the heirs ignites.