Is it possible to split a personal account? Living together is often caused by necessity, and not by family idyll. In addition, the concept of a communal apartment has not yet been exhausted. In both the first and second cases, people are forced to put up with the presence of neighbors.
Lack of mutual understanding between citizens living together leads to controversial situations. One of the reasons is the disagreement of one or more residents to pay utility bills. Is it possible to divide a personal account in an apartment through the court?
However, no one canceled payment of utility bills. The law provides for the owner's obligations to maintain his property. And then it comes to how to divide utility bills between residents and avoid mistakes.
Dividing a personal account to pay for utilities
How to divide rent between owners? Before going to court, you need to understand the full extent of the problem. The main thing that needs to be achieved is the division of utility bills. How to do it? We will enlighten you. Read the article further.
Initially, it is necessary to state the fact that invoices for payment come in the name of the owner of the property or in the name of the responsible tenant (if people live under a social tenancy agreement).
And if, for some reason, he does not want to pay for everyone, and the other residents refuse to pay for utility services, then the person will try to change the situation.
Of course, it is necessary to try to solve the problem peacefully. To do this, you can enter into an agreement to allocate one or more shares of the rent. Document this and go to the management company with the appropriate application.
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Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
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Often it is not possible to reach an agreement. The causes of the conflict lie so deep that you have to go to court with an application to split the payment of utility bills.
Division through court
If one or more of the owners refuses to pay for utilities, the property owner has the right to apply to a judicial authority to distribute responsibilities in equal shares. A claim between owners can be filed after an appeal from one of the parties or each of the residents.
Reference! The basis for an appeal may be not only the refusal of residents to draw up a voluntary agreement. If the Criminal Code refuses to register the appeal or division of responsibilities, citizens must file a claim.
When registering an application for documents, you must attach a copy of the refusal from the Criminal Code. An unjustified negative decision in the distribution of financial obligations between clients threatens the company with possible punishment under Art. 330 of the Criminal Code of the Russian Federation “Arbitrariness”.
Division of a personal account based on an agreement with family members of the owner
Family members of the owner of the residential premises have the right to use the apartment equally, unless otherwise established by agreement between them (Part 2 of Article 31 of the Housing Code of the Russian Federation).
Note! In the event of termination of family relations with the owner of the apartment, the right to use the residential premises is not retained by the former family member, unless otherwise established by agreement between them, Part 4 of Art. 31 Housing Code of the Russian Federation.
Such a division agreement can determine the amount of expenses of a family member of the owner to pay for housing and utilities.
We recommend! Statement of claim for collection of utility bills: sample
Due to the fact that there are no special requirements for the form, conditions and procedure for concluding such an agreement, the rules of civil law on transactions apply to it.
So, in particular, such an agreement can be concluded in simple written form, notarization is not required (clause 1 of Article 160, clause 2 of clause 1 of Article 161 of the Civil Code of the Russian Federation; clause 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 02.07. 2009 N 14).
Sample agreement on the division of utility bills (services)
A copy of the agreement must be submitted to the management company or resource supplying organization, and one copy must remain with each of the parties. It is advisable to submit the agreement together with an application for the division of accounts containing a reference to the conditions provided for in the agreement.
If the parties have not reached an agreement on the procedure for paying for housing and communal services or if the EIRC (management company, homeowners association, resource supplying organization) refused to share the utility bill, it is necessary to go to court to resolve the issue.
When considering this category of disputes, the court determines the procedure and amount of participation of the co-owner, based on his share of the total area of the residential premises.
A court decision that has entered into legal force will be the basis for dividing the housing and communal services account between the owners. There is no need to re-submit the application to the Criminal Code.
Features of dispute resolution regarding personal accounts
In the course of resolving a dispute about dividing the bill between co-owners of housing, the court determines the amount of payment for utility services based on the number of registered residents. The court will determine which citizens are willing to pay for themselves and their family members. And who should have a separate personal account? If there are no utility consumption meters, then the calculation is made based on the area of housing.
When resolving disagreements between a tenant and his family members, the court will set the amount of payment from the number of tenants who have the right to use the housing. Usually the amount of payment is set in shares.
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.
We recommend! A claim to determine the procedure for using an apartment in shared ownership: how to resolve a real estate dispute
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.
If the property is joint
Is it possible to split accounts in a privatized apartment if it is jointly owned by spouses? During the privatization process, some apartments are registered not as shared ownership, but as joint ownership .
Such registration is carried out in the case of privatization of an apartment by spouses, who become co-owners and equal owners of the living space.
In the event of a divorce and the spouses continue to live together in the same territory, the question of separate payments arises quite often, since people maintain separate households and not always both regularly contribute funds to pay for housing and communal services.
In such situations, the question of dividing accounts inevitably arises, but dividing it in these circumstances is impossible. To solve the problem in this case, you need to start by changing the form of ownership of the apartment.
You should start by drawing up an agreement on dividing the living space into shares . To draw it up, you should contact a notary, who will determine the specific procedure for the owners.
After division into shares, each owner receives a Certificate from Rosreestr. This document will be the basis for dividing invoices for payment.
With this document, the owners turn to utility companies to generate accounts and draw up a separate agreement for the provision of services for each owner of the share.
You can find out what the statute of limitations is for declaring the privatization of an apartment invalid, as well as who has the right to re-privatize a residential premises, from our articles.
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.
Where to contact?
The simplest option is to submit an application to the management company (homeowners' association) to which the residential premises belong.
A more complex and costly method would be to file a claim with the district (city) court at the location of the real estate. However, this option will remain the only one if there is a dispute between the owners, one of the co-owners evades participation in sharing the burden of maintenance costs, or if the management company refuses.
Documents – attachments to the application
Attention, important. Every statement must be proven in court!
Based on this, all court hearings are conducted. In other words, if someone says that they do not use gas, then they must prove this in court with documents.
Thus, to submit an application to the court for the division of a personal account in a municipal or private apartment , the applicant will need the following documents:
- An extract confirming the presence or absence of payments.
- A document confirming the presence or absence of family ties, a divorce certificate.
- Certificate in form 7. (Technical characteristics of the apartment).
- Certificate No. 9. (Information about everyone living in the apartment).
- If the apartment is private, you will need a document confirming ownership.
- Documents confirming your financial situation.
- Receipt for payment of state duty.
Attention, this list is incomplete, and in addition to the listed documents, it may be necessary to prove other circumstances.
Which ones exactly? You can find out about this by calling our highly qualified lawyers.
How do you pay for housing and communal services after your application is accepted?
If a personal account is divided between the owners, each of them will receive a personal receipt. If meters are installed in the apartment, payment according to the readings will be divided equally between all owners. If there are no meters, the calculation will be made by dividing the area by the number of people.
Important! Repayment of utility bills after separation will not be taken into account jointly and severally. Each person receiving a receipt will be responsible for repaying only their share. If a debt arises from one of the owners, utility services do not have the right to demand payment from other residents. Sanctions by law can be applied directly to the debtor.
Rent is included in the list of mandatory expenses. When real estate is in shared ownership, the owners are required to participate in paying for housing and communal services jointly, equally. The presence of disagreements may lead to a division of rights to pay rent. After consideration of the application, the owners will be responsible for financial obligations individually. If the house is served by several organizations, you must submit an application to each of them.
Let's sum it up
Apartment owners have the right to demand division of payment for housing and communal services by preparing a separate payment document for each owner. To establish such a payment procedure, you need to contact the management company or homeowners association. If authorized organizations refuse to separate utility bills, you can go to court.
The disadvantage of this procedure is its formal component. The division of utility bills in proportion to the size of the share does not reflect the amount of resources actually consumed by each of the residents. Therefore, it is not always possible to resolve conflicts between co-owners in this way.
Read: Rights of registered residents in public housing
Section procedure order
When there are no disagreements between residents and everyone agrees to pay rent separately, the division procedure is as follows:
- Home owners transfer it to shared ownership. This is relevant in conditions where the apartment belongs to the spouses, since according to family law, everything acquired in the family is recognized as the joint property of the husband and wife. Therefore, the first step will be an agreement on the division of property. It is in writing and certified by a notary office.
- Having divided ownership, the owners receive certificates for their shares Rosreestr Based on the size of the shares, new personal accounts will be allocated.
- Owners turn to the company responsible for household services in the house. To do this, you will need both an application for the allocation of a separate account and a certificate of the right to a share in the apartment.
- Utility services allocate a separate account to each applicant and subsequently send receipts for payment of services in accordance with the size of shares in ownership.
Often people are interested in the question of how to reduce household service fees. However, the minimum list of services and works for the maintenance of living space is determined by the Government of the Russian Federation. Residents have the right only to clarify and correct some issues at general meetings of owners.
Judicially
The disagreement of one of the owners becomes an obstacle to the division of personal accounts in a privatized apartment. In this case, you must go to court, filing a claim to determine the procedure for using the living space and a copy of the certificate for your share in the apartment. A receipt for payment of the state fee in the amount of 300 rubles is also considered an integral part of the process.
The lack of a share in the ownership of living space also becomes a problem. A claim for recognition of ownership rights is filed in the city court. Depending on the value of the share claimed by the plaintiff, a state fee is paid.
Attention . The grounds for the claim and the list of documents for the court are determined in each case individually.
Only after a court decision do you have the right to contact the Housing Maintenance Service (HES) with a request to allocate a share of the payment for utility services. However, housing and communal services are reluctant to make such allocations. In this case, you will also have to go to court.
Features of partition through court
If cohabitants cannot agree to divide personal accounts peacefully, they should contact the court. Only those citizens who have a share in the ownership of the apartment can act as plaintiffs and defendants. also go to court if:
- the organization providing the supply of utilities does not accept the application for the division of payments or refuses to satisfy the citizen’s request;
- within 30 days from the date of filing the application, the management company did not receive a response from its employees;
- not all residents who own part of the residential premises agree to split utility bills.
If there are grounds, the citizen needs to collect a package of documents, fill out a statement of claim and send it to the district court. It is worth choosing a judicial institution taking into account the location of your home.
Employees of the judicial institution accept only correctly completed applications for consideration. Therefore, it is important that in a claim for division of a personal account in a privatized apartment, the following information is indicated:
- the name of the district court and its actual location;
- information about the parties involved in the proceedings (the plaintiff and the defendant);
- subject of appeal;
- the plaintiff's claims to the judicial authority;
- a list of papers that will be attached to the claim;
- signature of the applicant and date of filing the claim.
Reasons for the partition
Cases when residents may need to share a personal account in a privatized apartment are very different, but they can be divided into two groups.
First group : owners live together, but plan to pay separately.
Most often, the reason for this step is conflicts between residents, although there are exceptions.
Buying a new apartment is a rather difficult task for most citizens of our country, so many continue to live under the same roof, despite disagreements.
And since the budget still ceases to be common, the division of the personal account of a privatized apartment is quite logical and fair.
Typical situations of cohabitation of owners with separate accounts:
- Former spouses who have no other housing, and it will not appear in the near future;
- Parents and their adult children, who often start a family before they start their own apartment;
- One of the owners lived in another place for a long time (or, for example, served a sentence), and then decided to return.
Second group : one of the owners has not lived in the apartment for a long time, without deregistration, and other owners do not want to pay for it.
Typical situations are similar to the previous ones:
- After the spouses divorce, one remains to live in the apartment, and the other moves to a new place, while remaining the owner;
- Adult children have their own housing, but are registered in their parents’ apartment;
- The apartment was privatized by relatives, one or more of whom live elsewhere and do not pay for themselves.
What is a treasury account
This is a standard account opened for keeping records of transactions related to budgetary funds in the FC. It takes into account budget funds received by the company to fulfill government orders.
The account consists of 11 digits:
| Rank | Designation |
| 1, 2 | Personal account code |
| 3 | Budget type code |
| 4-8 | Client code from the register of participants in the budget process |
| 9-11 | Serial number assigned to territorial football clubs |
When can you split receipts?
Conditions for the account section:
- Owners of common shared property can exercise the right to receive separate receipts. That is, the legal documents for the apartment must indicate the size of the share. For example, 2/5; 3/5.
- If you own jointly, you cannot split the accounts. The service will become available after the apartment is re-registered as shared ownership.
- If the apartment has one owner, there is no one to share bills with, despite the presence of registered tenants.
Instructions
But still, how to divide a personal account in a privatized apartment? If all apartment owners agree with the need for division, it will be very simple to implement their common will.
- First, you need to determine the form of ownership : joint or shared. This is easy: according to current legislation, joint ownership arises only among spouses whose marriage is registered (Article 256 of the Civil Code). In all other cases , it is generally accepted that the property is in common shared ownership .
- Transfer of housing to shared ownership , since with joint division of personal accounts in a privatized apartment it is impossible. To do this, the owners first need to agree on the size of the shares , if there was no actual division, and then draw up an agreement on the division of the apartment. The finished document must be certified by a notary.
- Registration of shares in Rosreestr , where each co-owner needs to apply with documents received from a notary.
- Registration of separate accounts . After receiving certificates of registration, owners must go to their management company or offices of organizations whose services must be paid directly.
Here everyone will have to write an application for the allocation of a new personal account to pay for utilities according to the size of their share. Usually there are no problems with this, but if the owner of the share receives a refusal, he has the right to appeal it in court.
Procedure
If citizens living in an apartment, by mutual decision, want to carry out the procedure for dividing the payment of utility bills, then they should submit this petition to the management company.
The procedure for dividing payments in a privatized apartment is as follows:
- it is necessary to transfer the housing into shared ownership of each of the persons who wish to make payments for utilities in their own name in the future;
- a special agreement is drawn up. The document must be notarized;
- an application for division of shares is drawn up, which will need to be sent to the management company;
- If the application to the Criminal Code is submitted properly, then you can obtain the document from Rosreestr. This document will describe what share and which of the owners it belongs to. In accordance with the size of the share, each owner will have a personal account;
- each shareholder submits a package of documents to the company providing utility services;
- After reviewing the submitted package of documentation, each owner who applies will receive receipts, in accordance with which payment for housing and communal services will be made.
Important! To split a personal account, the consent of other homeowners is required.
In order for the Criminal Code to accept an application for the division of housing and communal services payments, the petition must be drawn up correctly. The structure of the statement is as follows:
- name of the management company;
- information about the applicant: full name;
- address of the location of privatized housing;
- account number;
- passport details;
- contact details.
If citizens submit an application to the Criminal Code for the division of utility bills, then the employees of this organization will not necessarily accept it and satisfy the citizens’ request. There are some grounds according to which the Criminal Code may refuse to provide this service. Reasons for refusal:
- the entrance to the living space is less than 70 cm;
- a window from any room opens onto a closed courtyard and its area is less than 5 meters;
- the width of the living room is less than 2 meters;
- the distance from the window to another building is less than 3 meters.
Step-by-step instructions when filing an application with the court
An application from the owners to the management company (HOA) is not an indisputable basis for dividing the personal account. For example, a refusal is possible if there is a large debt. In this situation, the issue will have to be resolved through the court.
Step 1 . The claim is filed on the basis of the norm of Article 69 of the Housing Code of the Russian Federation, which proclaims the principle of equal distribution of costs for maintaining premises among residents.
The defendants in the claim are: the management company (homeowners' association), resource-providing organizations.
As third parties, in accordance with Art. 43 of the Code of Civil Procedure of the Russian Federation, other owners should be involved. The statement of claim itself is drawn up according to the rules specified in Articles 131-132 of the Code of Civil Procedure of the Russian Federation.
The subject of the claim should be:
- determine the procedure and amount of participation in payment for housing and utilities;
- divide the personal utility bill between the owners;
- oblige the issuance of separate payment documents.
The claim is classified as non-property, therefore the price of the claim is not determined. The state duty, according to the provisions of Article 333.19 of the Tax Code of the Russian Federation, is 300 rubles.
You can also draw up a statement of claim yourself by finding a suitable sample in the public domain on the Internet.
When considering the case, the court takes into account the following circumstances:
- area of the property;
- the size of the owner's share in the common property;
- other important information.
Step 2 . At the end of the proceedings, the court issues a court ruling, which establishes the payment procedure and the share of expenses of each owner in the total amount of utility bills.
Step 3 . After the court decision enters into legal force, the management company (homeowners association, settlement center) calculates utilities and charges payments in accordance with individual accounts.
FAQ
Is it possible to reserve a treasury account number to include in a contract?
If the client has not previously opened an account, he can reserve a number and indicate it in the contract being concluded. Reservations are made through the customer, who must draw up a list of legal entities for reserving accounts.
To which accounts can funds from the treasury account be transferred?
To the personal accounts of counterparties in FC. Funds can be transferred to current accounts only to pay wages to employees who took part in the execution of a government contract, to pay expenses of a legal entity under a contract, when purchasing currency for settlements under contracts with foreign counterparties, to pay bonuses to the contractor.
How to properly conduct accounting for transactions under a government contract?
When executing a government contract, additional requirements for primary documentation apply; the range of costs, the mechanism for accounting and distributing costs, the calculation of financial results, etc. are different. Therefore, accounting must be kept separately from general accounting.
Can an LLC open an account with the treasury?
If an LLC is officially registered, it has the status of a legal entity and has the right to enter into government contracts and, accordingly, open treasury accounts.
Legal requirements for the procedure
At the legislative level, the procedure for dividing bills is called “allocation of a share in payment for housing and communal services.”
By law, each owner of a part of a privatized apartment has the right to pay exclusively for his part of the services provided .
Accounts are generated taking into account the following factors:
- Total area of the room.
- List of people registered in the apartment.
This information must be taken into account when drawing up contracts for the provision of housing and communal services.
By default, the agreement is drawn up with one of the owners of the residential premises . A receipt for payment for services is issued to the owner of part of the living space with whom the contract has been signed. All other owners are jointly and severally liable.
At the same time, the law allows for the allocation of a share of the payment to each owner of the premises and the formation of a separate account. The regulations for the procedure are contained in Articles 247 and 249 of the Civil Code of the Russian Federation and 155 of the Housing Code of the Russian Federation.
The process is possible if the following requirements are met:
The living space should be privatized. It is impossible to carry out the action in municipal housing , since its sole owner is the local government, and the residents act as tenants.
The owners of the generated accounts must be the owners. If the apartment is joint property, without determining the shares of each, division cannot be made.
The division is made on the basis of Real Estate Certificates . Family relationships between property owners are not taken into account when creating separate payments.
Splitting accounts in a one-room apartment is not permitted by law.
