Divide joint property into shares

Owner's rights

The procedure for determining shared ownership is regulated by the Civil Code of the Russian Federation and a number of other legislative acts.

The main nuances of allocating a share in accordance with the Civil Code of the Russian Federation:

• Each participant in shared ownership has the right to allocate a share from the common property.
• Property in shared ownership can be divided by voluntary agreement.
• The agreement may be changed in the future with the consent of all shareholders.
• If such an agreement has not been reached, the participant has the right to demand the implementation of his property rights in court.
• One of the owners has the right to receive monetary compensation from other participants if it is not possible to allocate a share in kind due to damage to other participants or due to a legal prohibition.
• Monetary compensation is possible only with the consent of the participant, with the exception of certain cases.
• The owner has the right to monetary compensation for the disproportionality of the allocated property.
• The shares of participants are recognized as equal, unless otherwise provided by law.
• A share in kind is allocated only if technically possible.

Procedure for dividing and selling shares in a privatized apartment

The first option is to hand over the notice of sale personally to the remaining co-owners, who must sign the notice, decipher their signature, and date the notice.

The second option is to send notification of the sale of a share in the apartment yourself, by means of a telegram with receipt of receipt or a valuable letter with an inventory of the investment and receipt of receipt. In this case, you save money on a notary, since sometimes there may be more than one notification about the sale of a share of an apartment. However, be prepared for the fact that you may act legally incorrectly and the registration authority may have difficulties accepting such documents. But if you are confident in your abilities, you can use this option. Often in practice, co-owners avoid receiving notice of the sale or even hide from the seller. In this case, the seller should play it safe and find out the actual registration address of the co-owner at the place of residence or his actual place of residence by filing a search application with the police and prosecutor's office, sending a request to the central address bureau. If the notice of sale of a share of the apartment was not delivered to the addressee, for example, due to the expiration of the storage period, there is no need to despair. Relatively recently (May 2013), amendments were made to the Civil Code of the Russian Federation to combat evasion of legally significant communications. According to Article 165.1 of the Civil Code of the Russian Federation, a message is considered delivered in cases where it was received by the addressee, but due to circumstances depending on him, was not delivered to him. However, when using this notification option, be prepared for the fact that you will have to defend your position in court.

The third option, the most common in practice, is to send a notice through a notary. This method allows you to painlessly go through state registration of a share purchase and sale transaction and correctly prepare a notice of sale of an apartment share, if you do not have special legal knowledge. This method of notification has only one disadvantage - it is expensive, since it is often necessary to send not a single letter: to different co-owners or to several addresses. The notary sends, on his own behalf, a registered letter with return receipt requested to the co-owners, which contains a notification of the sale of the share, signed by the seller, and is invited to notify the notary of his intention to purchase or refuse to purchase the share. After one month has passed from the date of delivery of the letter to the addressee, the notary issues the seller a certificate of transfer of the application.

If the notice was not delivered to the addressee, for example, due to the expiration of the storage period, the notary can issue a certificate of non-delivery of the application, which states that the seller has taken all necessary measures to notify the co-owner of the intention to sell the share. We draw your attention to the fact that some notaries refuse to issue a certificate if the letter is not delivered to the addressee, since the Fundamentals of the legislation of the Russian Federation on notaries does not provide for the issuance of such a certificate. Therefore, immediately check with the notary what document will be issued to you if the notice is not served: a certificate or a certificate? Having a certificate will allow you to avoid delays at the registration authority.

Definition of shares

It is very simple to calculate the area that is required by law for each apartment owner. To do this, you need to divide the total area by the number of people. This method works in any case, unless otherwise provided by law.

Exceptions are possible in situations where the owner, at his own expense, has made repairs to the premises or made other inseparable improvements. In this case, he has the right to increase his share in accordance with the funds spent.

If housing was privatized by spouses during marriage, they own equal shares. All children also have the right to equal shares of real estate. Exceptions can be made if the corresponding clauses are in the marriage contract. If only one of the spouses privatized the apartment, he is its sole owner.

After determining the shares, the co-owners can divide all personal accounts to pay for utilities.

How to divide a privatized apartment in court

The division of a privatized apartment and the allocation of shares of owners according to the above algorithm is possible if the parties to the transaction, who once jointly received a warrant for real estate from the state, resolved the issue peacefully.
It is not always possible to reach a compromise between spouses or co-owners of a home. There are often cases when the division of property and housing and communal services accounts has to be resolved through the courts. Sample agreement on division of property between spouses

31.0 KiB 21 Downloads Details

In court, it will be possible to achieve the allocation of a share of real estate by filing a corresponding claim. You need to prepare a statement of claim in the city court. In order for the documents to be accepted for consideration, you will have to pay a state fee, the amount of which depends on the value of the share after the division for which you are applying. The second claim will be an application to determine the procedure for using the apartment and the rules for paying for housing and communal services. For this application you will have to pay a state fee equal to 300 rubles.

Sample statement of claim for allocation of share

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Before starting legal battles, you should make sure that the order on the property was general, i.e. the property is subject to division. The court will not be able to win if the property was acquired before marriage or received while living in a union, but according to a gratuitous transaction.

Sample claim to determine the procedure for using an apartment

31.0 KiB 30 Downloads Details

Read also: Remote methods of processing documents for privatization in 2020
Having received a court order, you need to contact a management company that provides services in the housing and communal services sector. Managers will be required to divide the personal account and provide each co-owner with a separate number by which he can pay for utilities commensurate with his share. Homeowners' associations and management companies in the housing and communal services industry are not always willing to comply with the requirement to separate accounts. Which forces Russians to go to court again, and entails additional costs. After dividing an apartment, citizens will face many difficulties and pitfalls, which can only be circumvented under the supervision of an experienced lawyer. An expert will study the case and help you find a more profitable and less expensive alternative to separating property and housing and communal services accounts.

Procedure

The procedure itself consists of two main stages:

1. Determination of shares. If the owners were able to do this voluntarily, they sign the agreement. Otherwise you will have to go to court. The agreement is signed by all parties to the agreement. It may be changed in the future by general agreement. The document can be certified by a notary, but this is not necessary.
2. State registration of property rights in Rosreestr.

For state registration you will need the following documents:

• Passports of all owners. For a minor child - a birth certificate. Separate copies of birth certificates must be made for all children.
• Title documents for the apartment.
• Voluntary agreement. One copy for each of the parties to the transaction, one additional copy for storage in Rosreestr.

Download the agreement on the allocation of a share in the apartment (sample)

State registration also requires payment of a fee. It is divided in equal parts among all participants in the transaction.

After submitting the application, registration of the right is carried out within 10 days. Documents are stored for issue for 1 month, after which they are sent to the archive.

The standard agreement specifies the following information:

• Passport details of the parties to the agreement.
• Address of the house, area of ​​the apartment (general and residential), number of rooms.
• Cadastral number of the apartment.
• Size of shares.
• Information on encumbrances imposed on living space.

How to divide a personal account in a privatized apartment

If disputes and conflicts begin to arise between residents registered in the same living space, and there is a desire to split the order into shares, then it should be understood that dividing a non-privatized apartment is impossible.
The division of real estate is always carried out after the re-registration of state property into the private property of citizens. This can be done in several stages. Initially, you will have to prepare a warrant, collect papers and submit them for consideration to the housing department of the city administration. After receiving permission from officials to transfer property, you need to contact Rosreestr to obtain a certificate of property rights. Privatization is always carried out with the consent of the persons registered in the house. Each of them, after privatization, will become a co-owner and owner of a share of the property. Read also: Rules and features of privatization of a service apartment in 2020

An apartment privatized during marriage will be considered joint property. Therefore, in order to divide it and force the spouse to pay utility bills separately, you should initially draw up an agreement on dividing the property and allocating the share of each owner. The agreement for the division of a privatized apartment is drawn up in writing and requires notarization. When the procedure is completed, each of the participants in the process will have to receive a warrant or certificate of ownership of their shares from Rosreestr.

The final stage will be contacting a company that provides utility services in the housing and communal services sector. Here, a separate personal account will be issued for each co-owner, tariffs will be set for it, and citizens will be able to pay utility bills separately. It is important to understand that division into shares and receipt of separate accounts in the housing and communal services industry can only be carried out between the owners, i.e., persons who participated in privatization. A person registered in an apartment after its registration will not have such rights.

Section options

There are two options for allocating a share:

1. Actually. It should be understood that in this case the apartment actually turns into a communal one. Each owner can not only use his share, but sell it or exchange it for another living space. In this case, complete strangers will live in the apartment.
2. In monetary terms. The remaining owners compensate the cost of the share to the relative who wishes to allocate it.

Allocation order:

• Negotiable. It is carried out by voluntary agreement of all owners of living space.
• Judicially.

What are the features of shared ownership?

The main problem of shared ownership is that each co-owner has the right to use and dispose of his property. That is, they can all live in an apartment, have guests, store their things, clean up the mess and occupy the bathroom for hours.

At the same time, owners also have mutual responsibilities. Each of them must participate in the property financially - pay utilities, pay property taxes, make repairs and maintain housing.

Important ! Property tax is required by law to be paid in accordance with the share. But it happens that one of the shareholders does not live in the apartment and does not use his share. In this case, you need to negotiate with the co-owners.

Any action that in any way affects common property will have to obtain general consent. Without the consent of the co-owners, you cannot make repairs, install a bathtub instead of a shower, register your spouse, rent out a share or sell it. Let's look at these points in more detail.

Allocation in kind

Such a division of living space between owners is possible only if the layout of the apartment allows various auxiliary rooms (such as a kitchen, corridor, bathroom) to be transferred to separate use, as well as a separate entrance to the room.

If such a possibility does not exist, the procedure for joint use of common property can be determined in court. When one of the co-owners gets control of an isolated part of the apartment, he loses the right to use the rest of the living space. If the court has determined the order of joint use, all co-owners can still enjoy the right of common ownership.

As practice shows, the layout of most domestic apartments does not allow for a separate entrance and separate use of the kitchen and bathroom. Therefore, most often the court makes a decision to allocate isolated rooms to each owner, while the common premises remain in shared ownership.

The allocation of a share in kind is carried out only if this is possible in practice. For example, this is impossible in a one-room apartment, since each of the owners will not be able to get an isolated room.

Download the agreement on the allocation of a share in kind (sample)

Agreement: essence and principles of design

Joint ownership of housing is a form of ownership of joint real estate, characteristic of matrimonial property relations. Only a mutual agreement between the parties on shared ownership can change the current state of affairs.

The transfer of joint real estate into shared ownership is permissible without consideration of the case in the courts. The parties need to draw up and notarize an agreement on common shared ownership, which is mandatory for registration with Rosreestr.

On what terms?

The law stipulates several basic provisions:

• Both spouses receive rights to privatized housing in equal shares;
• the right of common property is divided into unequal shares;
• the establishment of shares is carried out in accordance with the law without infringing on the property interests of the parties.

Attention! Depriving one of the spouses of rights to real estate is unacceptable.

An agreement to change the legal status of common ownership of housing can be drawn up on the basis of an application from the owner. The establishment of shares, which is impossible on the basis of a voluntary agreement, is carried out with the help of the courts.

Rules for compilation and design

The voluntary agreement of the parties on the allocation of shares in joint real estate is written by hand.

This document is not notarized, but professional legal advice in its preparation is necessary.

To register an agreement in Rosreestr, you need not only a correctly drawn up document, but also papers confirming the rights to housing, for example, an extract from the Unified State Register of Real Estate.

It is necessary to have identification documents of both spouses.

Here you can find a sample agreement on the basis of which the allocation of shares of existing real estate is carried out.

Carefully! Changes in domestic legislation can significantly change the format of the document. Therefore, to avoid serious legal mistakes, it is worth seeking advice and assistance from professional lawyers.

Allocation in monetary terms

The easiest way to do this is by voluntary agreement. In this case, one of the owners buys out the share of the others and becomes the sole owner of the apartment.

The court may order monetary compensation to be paid to the owner even without his consent. This is done in cases where the share required by law is too small. In such a situation, it is impossible to allocate an isolated room, since its area is much larger than required, and the rights of other owners will be infringed.

After receiving material compensation, the citizen is deprived of all property rights to a share in the real estate.