Article 218. Division of shared-ownership property and allocation of a share from it of the Civil Code of the Republic of Kazakhstan
1. The shared-ownership property may be divided between its participants by agreement between them.
2. A participant in shared ownership has the right to demand the allocation of his share from the common property.
3. If the participants in the shared ownership fail to reach an agreement on the method and conditions of dividing the common property or allocating the share of one of them, the participant in the shared ownership has the right to demand the allocation of his share in kind from the common property.
If the allocation of a share in kind is not permitted by legislative acts or is impossible without disproportionate damage to property in common ownership, the separating owner has the right to pay him the value of his share by other participants in shared ownership.
4. The disproportionality of the property allocated in kind to a participant in shared ownership on the basis of this article to his share in the ownership right is eliminated by paying the appropriate amount of money or other compensation.
Payment of compensation to a participant in shared ownership by other co-owners instead of allocating his share in kind is allowed with his consent. In cases where the share of the relevant owner is insignificant, cannot be effectively allocated, and he has no significant interest in using the common property, the court may, in the absence of the consent of this owner, oblige the other participants in the shared ownership to pay compensation to him.
5. Upon receipt of compensation in accordance with paragraphs 3 and 4 of this article, the owner loses the right to a share in the common property.
6. If it is impossible to divide the common property or allocate a share from it according to the rules set out in paragraphs 3 and 4 of this article, the court shall decide on the sale of the property at public auction, followed by the distribution of the proceeds between the participants in the common ownership in proportion to their shares.
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