There are situations in life when parents want to determine shares in property rights for their children. This may be necessary if the real estate was acquired into joint ownership, for example, through the privatization of an apartment. To further dispose of their share, parents can distinguish their right from the property right of the child participating in the privatization.
When allocation of shares is mandatory
But cases arise when the allocation of shares will not be a right, but an obligation of the owners. This happens if money provided by the state under a maternity capital certificate was used to purchase an apartment or build a private house.
In order to improve the demographic situation and increase the birth rate, starting this year in our country the legislation regulating the procedure for providing support to families raising children has been changed. The list of persons who have been given an additional opportunity to benefit from state support, in particular maternity capital, has been expanded.
Initially, the category of citizens defined by law was supplemented by women who became mothers or adoptive parents of their first child since the beginning of 2020, and men who adopted their first child alone, if they had not previously exercised this right. A male adoptive parent will be able to receive family capital if the judicial act on adoption came into force no earlier than the beginning of the current year.
Spending maternity capital
Maternity capital can be spent on improving the living conditions of a family that has received the appropriate certificate. It is allowed to partially pay with this money for the purchase or construction of residential premises, for example, an apartment, as well as to use it for independent, without the participation of specialized organizations, construction or reconstruction of a private residential building.
The law established the requirement that a parent or adoptive parent who has a certificate is obliged to register housing purchased or built with the involvement of maternal capital (or part thereof) as the property of both the recipient of the certificate and his wife (husband), and all children, determining the size their shares in the agreement. Therefore, it is necessary for all family members, especially children, to allocate shares in the ownership of a common real estate property. This rule is designed to protect the interests of the child in difficult life situations, for example, when parents divorce or die.
Agreement on allocating shares to children sample and drafting example
AGREEMENT
G. _______________
"____" ______________ 2020
We, citizens of the Russian Federation, _________________________________ (full name), "_____" ____________ 20__, place of birth: ______________, gender: _______, passport series ___ No. _______, issued "_____" ___________ 20__, residing at : __________, st. ___________________, building ___, apt. ___, acting for himself and as the legal representative of his minor child ________________________________ (full name), "_____" ____________ DOB 20__, place of birth: ______________, gender: _______, passport series ___ No. _______, issued "_____" ___________ 20__ city, living at the address: __________, st. ___________________, building ___, apt. ___, on the one hand, and _________________________________ (full name), “_____” ____________ DOB 20__, place of birth: ______________, gender: _______, passport series ___ No. _______, issued “_____” ___________ 20__, resident address: __________, st. ___________________, building ___, apt. ___, acting for himself and as the legal representative of his minor child ________________________________ (full name), "_____" ____________ DOB 20__, place of birth: ______________, gender: _______, passport series ___ No. _______, issued "_____" ___________ 20__ city, living at the address: __________, st. ___________________, building ___, apt. ___, on the other hand, and collectively referred to as the “Parties”, have entered into this agreement as follows: _________________________ and ______________________ are the owners of apartment _____ (number of rooms), with a total area of ______ square meters. m., located on the ____ floor of a ____-storey building, located at the address: ______________, st. _____________________, house_____, apt. _____, hereinafter referred to as “Apartment”.
The apartment belongs to _______________________ and _______________________ by the right of common joint ownership on the basis of the Apartment Purchase and Sale Agreement dated “___” ________ 20___, the Apartment Acceptance Certificate dated “___” ________ 20___, as stated in the Unified State Register of Rights to Real Estate and Transactions with him “___” ________ 20___ registration record No. ______________ was made, which is confirmed by the certificate of state registration of rights, series ___ No. _____, issued by the Office of the Federal Service for State Registration, Cadastre and Cartography _______________ “___” ________ 20___.
The purchase of the Apartment was partially paid for using maternity (family) capital as follows:
in accordance with Article 10 of the Federal Law of the Russian Federation dated December 29, 2006 No. 256 “On additional measures of state support for families with children” and on the basis of the “Rules for the allocation of funds (part of the funds) of maternal (family) capital to improve housing conditions”, approved Government of the Russian Federation dated December 12, 2007 No. 862, ____________________ used maternal (family) capital in the amount of _________ rubles to repay a mortgage loan received from a _____________________________________ bank for the purchase of an Apartment. In this connection, _________________________ and _________________________ gave a notarized obligation to register the specified apartment as the common property of the children and other family members living together.
Based on the regulations and obligations mentioned in paragraph 3 of this agreement, _______________________ and _______________________ register the Apartment as common shared ownership for themselves and their minor children mentioned above in equal shares. As a result of the conclusion of this agreement, ownership of the Apartment is acquired by the following persons in the following shares: ________________________ – 1/4 (One fourth) share; _________________________________ – 1/4 (One fourth) share; _________________________________ – 1/4 (One fourth) share; _________________________________ – 1/4 (One fourth) share.
5. ________________________ and ___________________________ confirm that at the time of drawing up this agreement: - the apartment is in their joint ownership; - no transactions involving the alienation of the Apartment or encumbrance with them were carried out; — there are no claims, including in court, to the Apartment; - in the family, except for children, there are no other persons living together.
6. ________________________, ________________________, ________________________ and ________________________ acquire the right of equal shared ownership of the Apartment after state registration of the transfer of ownership in the Office of the Federal Service for State Registration, Cadastre and Cartography for the Tula Region.
7. This agreement is considered concluded from the moment it is signed by the parties.
8. The parties pay the costs of registering the transfer of ownership equally.
9. This agreement contains the entire agreement between the parties with respect to the subject matter of this agreement, and cancels and invalidates all other obligations or representations that may have been accepted or made by the parties, whether oral or written, prior to the conclusion of this agreement.
10. This agreement is drawn up and signed in three copies, one of which is stored in the Office of the Federal Service for State Registration, Cadastre and Cartography for the Tula Region, one copy is issued to the parties to the agreement.
11. Signatures of the parties:
_________________, acting for himself and for his minor child __________________.
_________________, acting for herself and her minor child __________________.
Document preparation methods
Civil law distinguishes between two types of common property: shared and joint. As a general rule, unless specifically established by law, common property is considered shared. In the case under consideration, the common property of the spouses, if their shares have not been determined in advance, will be joint.
At the notary
The most convenient and reliable way to allocate shares is to contact a notary, who will not only provide qualified advice, competently draw up an agreement, but also send the necessary documents for registration after they are signed. This win-win option has only one drawback - the cost of notary services.
Often, notarization of a document defining shares for family members is provided for by law. If, in the process of allocating shares to children, the regime of the common joint property of the parents changes, the agreement must be drawn up by a notary, since it contains conditions for the division of the joint property of the spouses. Mandatory notarization is also relevant when children's shares in the right are allocated to real estate that was originally in the common shared ownership of the spouses.
From lawyers
It is possible to conclude an agreement without the participation of a notary only if, despite the allocation of children's shares, the parents' ownership remains joint.
When owners do not want to dive into the intricacies of paperwork, experienced lawyers will help you select the necessary documents and draw up an agreement, but for a fee.
On one's own
Those who want to save on legal services have the right to try their hand at drawing up an agreement on their own. You don't have to be a lawyer to do this. Having the necessary documents at hand, filling out a standard agreement form is not difficult if you correctly indicate all the required data. The owner himself will also have to prepare and submit documents for registration, but this should not be intimidating, because this procedure is quite simple and understandable.
What to write
The preamble to the agreement indicates the passport details of all its participants; for young children under 14 years of age, birth certificate data must be entered.
On behalf of young children in transactions, their legal representatives - mother, father or adoptive parents and guardians - act.
Teenagers from 14 to 18 years old sign the agreement in their own hand with the written consent of their parents or other representatives determined by law.
The agreement provides a description of the property, its exact address, total area, cadastral number. Information is entered about the owner or owners of the property and the documents on the basis of which the property belongs to them. It is further indicated that the residential premises were purchased or built (reconstructed) using maternity capital funds, information about the owner of the certificate and his details is provided.
Next, you will need to describe how shares in property rights will be distributed among all family members.
Despite the fact that the law does not require equal shares of all family members in the right to housing, do not forget that each child and parents have equal rights in relation to the money allocated under the maternity capital certificate.
If family members cannot voluntarily agree on the size of shares in the right to real estate, they must go to court to resolve this issue. When making a decision on determining the shares, the court will take into account what contribution was made by the husband and wife for the purchase of a home or its reconstruction.
Agreement on the allocation of shares to children (sample)
- date, place of execution of the document;
- name of the document (Agreement of apartment/house owners on the allocation of shares);
- information about the parties to the agreement: full name, date of birth, passport details of parents;
- information about children: full name, date of birth, data on children’s birth certificates;
- data on the purchased property: address, area, number of rooms, number of floors of the building, data from cadastral and technical documents for residential premises;
- type of ownership (joint or shared), size of shares of each owner;
- procedure for purchasing residential real estate (purchase and sale agreement, mortgage, etc.);
- data on the use of the MK certificate (series, number, date of issue, body that issued the certificate);
- a condition on the establishment of common shared ownership of residential premises, on the allocation of shares indicating the size of the share belonging to each family member;
- a condition on the possibility of redistribution (reduction) of the shares of co-owners in connection with the birth of the third, fourth and other children;
- references to Federal Law No. 256 and Articles 244-245, 254 of the Civil Code of the Russian Federation;
- data on the number of copies of the document;
- list of applications;
- signatures of the parties to the agreement.
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The costs that will have to be incurred in connection with the distribution of shares between parents and children include a fee to a notary for certifying a written agreement on the allocation of shares and payment of the state fee for registering the right of shared ownership of real estate.
