Statement of claim for division of personal account
According to 155-156 of the Housing Code of the Russian Federation, the court establishes the procedure and amount of participation of owners in spending on utility bills based on calculations of the share of the total living space of the apartment per each person.
At the same time, imposing the obligation on the relevant management company to conclude agreements with each of the apartment owners. It should be understood that the division of a personal account leads to the need to independently fulfill the obligations of making payments. However, such a situation will not affect the terms of the residential rental agreement. The apartment will not be converted into a communal one. It’s just that from the moment the decision comes into force, two or more receipts will be received for one apartment. In case of debt, the management company will not sue all residents, but only specific debtors.
How to file a claim for division of a personal account?
In order to correctly, from a legal point of view, file a claim for division of a personal account, it is worth considering the following rules:
- Draw up the document on an A4 sheet. You can submit it in printed or handwritten form, there is no difference.
- The claim must have a header. It is drawn up on the right side, at the top of the sheet.
- In the header, write down the name of the court to which you are submitting the document, information about the plaintiff and defendant. As a rule, the full name and residential address of each participant in the process is indicated.
- The title of the document will follow. In our case, this is a “Statement of Claim for division of a personal account” or in an expanded version, “Statement of Claim for division of a personal account, determination of shares in payment for housing maintenance and utilities.”
- Let's move on to the main part. In it you must indicate that you are the owner of the residential premises (apartment, house, room), at what address the property is located, and also indicate who else is the owner of the premises, and what evidence there is of these facts.
- Write in the content that the other owner does not pay for utilities, as well as other reasons why you want to divide the personal account.
- If you tried to resolve the issue peacefully, please indicate that.
- In the final part, state your requirements. First of all, you must ask the court to determine the order and size of each owner’s share in paying for utilities and housing maintenance. It is also necessary to oblige the relevant authorities to divide the personal account and conclude an appropriate agreement with each home owner.
- All documents that you attach to the claim must be listed in the list at the end.
- Finally, put the date you are filing the claim and your signature.
Remember that the statement of claim should not contain profanity or offensive language towards the defendant or third parties due to the fact that they do not fulfill their obligations to pay for housing and communal services.
PRO new building 7 (499) 703-51-68 (Moscow)
An apartment invoice is a paper that indicates all the information on what kind of housing, amenities, housing and communal services the person who has entered into a social rental agreement has. This document does not establish any rights for the employer, but only reflects their exercise.
A municipal apartment, which is used by a person in accordance with a social tenancy agreement, is essentially a communal apartment if there are other residents in it who have entered into the same agreement for the use of a room in this premises. In this case, each of those who entered into the contract independently pays for what they use.
How to divide a personal account in a municipal or privatized apartment
Since the former spouses are no longer family members, do not carry out joint economic activities, there is no mutual agreement on the issue of payment of payments, they bear share responsibility for existing obligations. Based on this, the court allocated their shares as follows:
The division of shares occurs due to the breakdown of family relationships. This possibility is dictated by the fact that former members of the employer’s family retain equality in rights and obligations under the social tenancy agreement. Therefore, if these persons continue to live together in the same living space, they bear independent responsibility under the contract, including payment for utilities, as well as for repairs and maintenance.
Dividing a personal account for utility bills
2. If the apartment is not privatized
(i.e. is in state or municipal ownership), division of the personal account may not be possible, which is due to the terms of the social rental agreement.
For clarification, contact your landlord .
As for eviction through the court, I think this is possible. We recommend reading: Where to look at the plan of the boundaries of a land plot by cadastral number
At the same time, the law does not contain a prohibition on payment of payment for residential premises owned by several persons by several owners on the basis of one payment document. This conclusion follows from Art. 247 of the Civil Code of the Russian Federation, according to which the ownership 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.
Statement of claim for division of personal account
- Determine the procedure and amount of participation in paying for utilities and housing maintenance in the apartment at the address: _________ between the owners (tenant and members of his family) in equal shares of the total payment, ___ share for each owner.
- Oblige _________ (name of the management company) to enter into separate agreements and issue separate payment documents for payment of utilities and maintenance of housing in the apartment at the address: _________ (full address of the residential premises) with _________ (full name of all citizens).
The owners of residential premises that are in shared ownership of citizens have the right to demand the division of personal accounts, based on the size of the shares belonging to each of them. In addition, the same right belongs to tenants of residential premises and their family members, since the latter bear joint responsibility with the tenant under the apartment rental agreement. Therefore, the presented sample claim can also be used to divide personal accounts in municipal and public housing.
Contents of the application for division of a personal account in an apartment
So, as mentioned above, the application must contain all the necessary requirements specified in the legislation.
These include:
- Plaintiff's details.
- Defendant's details.
- Subject of the claim.
- List of attached documents.
- Date of writing the application.
- Applicant's signature.
When writing a statement, special attention should be paid to the subject of the claim. Here it is necessary to state what exactly the plaintiff is asking for. The questions that arise are quite diverse.
Among them are the following:
- How many shares should the apartment and rent be divided into?
- In what percentage?
- How to divide housing and communal services bills between owners to pay for individual gas, water, and electricity meters.
In addition, it is necessary to indicate the address of the apartment in respect of which the trial will be conducted.
Along with the application, all accompanying documents that will serve as evidence regarding the facts presented to the court should be submitted. Let's talk about this point in more detail.
Statement of claim for division of personal account
The personal account section is a rather specific situation. In most cases, it is resolved peacefully between the residents and the management company. As a rule, if we are talking about shared ownership of premises in an apartment, then the management company, without any special problems, by virtue of Article 249 of the Civil Code of the Russian Federation, divides personal accounts for utility bills. In this case, separate payments are sent to each of the owners.
In practice, there are also situations when we are talking about dividing personal accounts in a municipal apartment. In these cases, according to the law, it is impossible to split the personal account. However, in a number of cases, the court may accommodate the plaintiff and establish a certain procedure for paying utility bills without changing the social tenancy agreement or dividing the personal account. Considering the fact that on average in Russia the practice of resolving such cases is ambiguous, before drawing up such a claim you should consult with a lawyer at your place of residence.
We prepare a statement of claim for the division of utility bills
How to write a statement of claim to the court for the division of personal accounts for housing and communal services? Due to the peculiarities associated with this issue, you need to apply to a civil court of general jurisdiction. This is due to the fact that the claim should be classified as property issues. In addition, the constitutional rights of a citizen of the Russian Federation are affected here.
Now you can raise the topic of writing a statement of claim. It is immediately necessary to clarify that the issue is quite complicated and it is better to seek advice from lawyers.
When writing statements of claim, you must follow the letter of the law. It establishes the sequence of presentation of all circumstances and facts relevant to the case.
In this case, mistakes are unacceptable, otherwise the matter will not move forward. And all this time the rent will be charged.
This is another reason to use the services of qualified lawyers to write a statement of claim for the division of rent between the owners of residential premises.
For those who still hope to do it on their own, we offer to download a sample application from our website.
How to divide a personal account in a privatized apartment: options
Such a separation is possible if the spouses are divorced and live in the same living space. They must pay for home repairs and utilities. Such grounds may be for dividing the account: at the request of the ex-spouse and at the request of the tenant under the agreement for the right to use the living space.
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In some cases, you have to go to court for division, and you must be the owner of a share of the property. To resolve this issue, you need to draw up a statement of claim to recognize the right of ownership and pay the state fee. Its size will depend on the size of the share ownership in the apartment.
Who and when can file a claim for division of a personal account?
Not all persons living in the apartment can file such a claim. A request to split a personal account can be submitted by:
- owners of housing that is in their shared ownership (therefore, if the property is in common joint ownership, first enter into an agreement to determine shares or an agreement to allocate a share (or file a claim with the court to determine the shares of the spouses in the apartment)
- tenants of housing under a rental agreement and members of their families.
When the procedure and amount of costs for housing and utilities are agreed upon voluntarily by the parties, it is necessary to send an agreement on the division of the personal account to the management company.
In situations where the management company left such an application without consideration or refused, and also if the procedure and amount of costs for paying for housing and utilities could not be determined independently, it is necessary to submit a statement of claim for division of the personal account to the district (city) court at the location controversial housing.
How to divide personal accounts in a non-privatized apartment
You need to pay for utilities, incur expenses for routine repairs of an apartment building, and pay rent for housing on time. If they do not want to do this, then they can be forced to determine their share of the costs of paying for housing and communal services.
As before, in 2021, a significant basis is required to split a personal account. The Resolution of the Plenum of the Armed Forces of the Russian Federation dated July 2, 2009 on the procedure for using the Housing Code of the Russian Federation by courts considers the possibility of determining the amount of payment for housing expenses by former family members. They can be considered divorced spouses, as well as other relatives (dependents) with whom the employer has ceased to maintain a common household.
Sample statement of claim to court for division of personal accounts
Tenants have the right to sign a voluntary agreement on the procedure for paying utility bills, and each of them has the right to file a claim in court to determine the shares of payment for utility and other services, as well as fees for the use of residential premises. On the territory of the city of Moscow, these legal relations are regulated by the Moscow City Law “Fundamentals of the housing policy of the city of Moscow,” which came into force at the beginning of 2010. In addition, higher standards on the procedure for fulfilling joint and several obligations between tenants and owners of residential premises are specified in the Housing and Civil Codes of the Russian Federation. Previously, a claim for the division of accounts in a municipal apartment was filed on the basis of the norms of the Housing Code of the RSFSR
A competent statement of claim must contain justified demands, correct motivation, confirmation of an attempt to pre-trial resolve the dispute; the defendant or co-defendant must be correctly identified, the content supported by references to the Laws of the Russian Federation and judicial practice in similar cases.
Court decision on a claim for account division
It should be understood that the division of a personal account leads to the need to independently fulfill the obligations of making payments. However, such a situation will not affect the terms of the residential rental agreement. The apartment will not be converted into a communal one. It’s just that from the moment the decision comes into force, two or more receipts will be received for one apartment. In case of debt, the management company will not sue all residents, but only specific debtors.
This is important to know: Claim to determine the order of use of residential premises
It should be taken into account that utility bills cannot be divided. Only obligations for the future can be divided. For the past time, you can collect part of the debt by filing a claim in court for collection by way of recourse.
So, after the decision on the claim for division of the personal account is made and it enters into legal force (appeal), the management company will be obliged to enter into separate agreements with the co-owners (tenants) of the housing and payment will be made in accordance with the procedure established by such a decision.
Clarifying questions on the topic
How can I write an application to the court about dividing a personal account with my son? He is registered, but has not lived in the apartment for 4 years and does not pay for heating or renting an apartment. I paid alone for 4 years. We have a large debt that I cannot pay. I want the management company and heat supply to split the bills for me, as well as for renting housing, and recalculate the different shares for me.
For the division of personal accounts, fill out a statement of claim using this sample. You can split bills just to pay for a future date. Debts from the past are not divided this way.
How to write a statement of claim for division of accounts if I was the only owner of the apartment?
Describe in more detail with whom you are going to share personal accounts and on what grounds?
You wrote that past debts for housing and communal services are not divided. How then are they divided? Apartment in shares for 4 people. There are two personal accounts. 3 people are registered. (owners). Another one does not live together. The debt is 240 thousand. Should they be held jointly and severally liable?
The amount of debt can be divided between debtors only with the consent of the creditor, the recipient of the payments. As a rule, the management company does not agree to such a division, since it is more profitable to collect the debt from everyone jointly. Before the division of personal accounts, the debt must be paid by everyone jointly. After the division, everyone pays their own bill. A citizen who pays off the general debt at his own expense has the right to then recover from everyone else the amount that falls to their share.
From birth she was registered in a municipal apartment, but did not live there. I recently turned 18 and they tried to evict me through the courts. The court rejected it. I want to apply for separation of accounts. Besides me, nine more people are registered there, including small children.
You can submit an application for division of personal accounts. Please note that in your case you need to move into and live in the apartment, since failure to live after reaching the age of majority may serve as grounds for deprivation of the rights to use this residential premises.
I am filing a claim for division of my personal account. The owners of the property are me (1/4 of the apartment), my ex-husband (1/4) and two minor children (1/4 each). In the statement of claim, I am the plaintiff, the ex-husband is the defendant. How can I register my children, the same owners, will they be third parties or interested parties? I am filing to split personal accounts in half with my ex-husband.
In this case, you will need to take into account the children’s shares in someone’s personal accounts. Typically, child support recipients include the children's shares in their accounts. That is, they ask to divide the personal account by 3/4 to 1/4.
My ex-husband shares ownership of the apartment; he does not live in the apartment. The receipt for solid household waste comes for 2 people, I pay my half, the rest is debt. How to split a personal account? Application form and required documents.
You can use this image. You will need to attach documents for the apartment and a receipt.
we are three owners: 2/4 for me and 1/4 each for my sister and her adult son, there is a mother, but she has no property, how can I draw up an application for dividing the personal account between the owners, but include my mother in my personal account check
You need to ask to split the personal account by 2, between you and your sister. Include your mother in your personal account, and her son in your sister’s account.
How to correctly write a statement of claim to the court about the division of personal accounts?
Take the example provided as a basis. claim and describe your situation.
Hello! The court determined the procedure for paying housing and communal services between me and my ex-husband. The court does not divide the personal account now (as the judge explained to me). I am the owner and this account is, naturally, mine. One general receipt arrives. Is it still possible to split the personal account so that there are two receipts (for me and my ex-husband)? Because The management company cannot collect debts for housing and communal services from the ex-spouse, and they only collect from me. And how to correctly write a statement of claim to the court for the division of housing and communal services debt between spouses (necessary for an agreement on the amount of debt payment with the management company for a rent subsidy)?
Judicial practice is different in all regions. Perhaps the judge's position has something to do with this. Typically, the court orders the amount and procedure for participation in the maintenance of housing and payment of utilities and obliges the management company to enter into separate agreements and issue separate receipts to former family members. Same as stated in our example claim. The Supreme Court has had and continues to have the same practice. In its decision, the court had to justify its refusal to satisfy the claims for division of personal accounts. You have the right to appeal this refusal. Debts from the past cannot be divided. They are paid jointly (that is, from whichever debtor is possible). you have the right to recover half of the amount paid from your ex-spouse by way of recourse.
Good afternoon. But what if the second owner of the 12th share of the apartment deliberately does not receive a certificate of inheritance. It turns out that you need to share your personal account with the deceased?
This is important to know: Statement of claim for recognition of ownership of a garage: sample
The heir's right of ownership arises from the moment the inheritance is opened. If he accepted the inheritance, then the date of receipt of the certificate does not matter. It is clear that in this case it will be necessary to further prove his rights to the apartment.
Claim for division of utility bills and personal accounts for payment of utility services
In addition, in the absence of the consent of the Defendant, who is the owner of a [meaning] share in the ownership of a [meaning]-room apartment, the legislation gives me the right to go to court to resolve the dispute that has arisen. At the same time, mandatory pre-trial appeal to the Defendant to resolve this issue is not required by law.
Thus, for me, if there is a dispute, there is no unconditional obligation to bear the costs of maintaining the entire apartment, including for the share of living space in the apartment owned by the Defendant. The lack of the Defendant's consent to divide the personal account for paying rent and utility bills is not a circumstance that prevents me from further paying for the maintenance and repairs of the housing in proportion to my share of the living space.
Sample statement of claim to court for division of utility bills
A statement of claim for the division of personal accounts is a document that will help achieve the distribution of payments for electricity, gas, water, garbage and major repairs between the owners or tenants of the living space. It will be needed if persons living in the same apartment or house cannot resolve the issue of separate payment for utilities amicably. Such disputes most often arise between ex-spouses who continue to live in a shared apartment after a divorce, between parents and adult children living with them, and between owners who own shares in the apartment. We will tell you how to write a statement of claim correctly, where it should be filed and how much it will cost to go to court.
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