How is an apartment divided into shares?
You can divide an apartment into shares for any form of ownership. Joint ownership allows you to allocate part of the housing for each of the co-owners, and the presence of shared ownership allows you to redistribute existing shares or allocate new ones.
Division or separation of individual units from common law is permitted in the following ways:
- by mutual agreement of each owner of the object,
- as a result of judicial proceedings.
The legislation establishes a fundamental difference between the concepts of division and allocation of shares. In the first option, the common rights are divided into two or more independent legal units, while as a result of the division, the common ownership of the object remains in force along with the emergence of a new independent unit.
In order to allocate the share of each family member in the common right to a property, it is necessary to take into account the rule according to which all participants in joint property have equal rights.
Consequently, unless otherwise provided by agreement of the parties, the common law will be divided by the number of its holders.
Section on shares of communal apartment
Communal apartments initially implied a shared use of the property, where residents received the right to only part of the living space, as well as a general right to utility rooms (kitchen, corridor, etc.).
The emergence of the opportunity to dispose of rooms in communal apartments as an independent piece of real estate required citizens to allocate their share in common law.
The calculation of the allocated unit is carried out based on the living space of the communal apartment occupied by citizens, while the final share of the co-owner includes the living space that belonged to him before the allocation, as well as part of the total area of such an apartment.
The service how to calculate shares in an apartment calculator will allow you to establish the specific size of the allocated unit by the ratio of the total area of such an object and the living area per individual family.
Registration of ownership of a share in a communal apartment occurs regardless of the rights of other owners and is confirmed by an extract from the Unified State Register of Real Estate.
Calculate apartment shares online calculator
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First, you need to find out:
- total area of the apartment in square meters – for example, 45 m²;
- size of residential and non-residential space;
- number of co-owners - father, mother, son, uncle, grandmother, nephew, etc.
Secondly, determine the ratio of the total area to the size of residential and non-residential square meters.
Thirdly, establish the share of each co-owner - based on residential and non-residential space.
Formula for calculating shares in an apartment:
a/c + b/c = d
*/ “a” – living area;
“b” – non-residential;
“c” – number of shareholders;
“d” – the received share per tenant.
The selected calculation formula is suitable for determining equal shares.
Example:
Gusev, Utkin and Soloviev plan to count the shares in a 3-room apartment.
The legislative framework
Regulatory regulation of the procedure for distributing shares between apartment owners is carried out by the following legal acts:
- Civil Code of the Russian Federation,
- Housing Code of the Russian Federation,
- Federal Law No. 218-FZ “On State Registration of Real Estate”,
- Instructions on the procedure for recording housing stock in the Russian Federation.
It is important to understand that not a single regulatory legal act contains specific options for dividing shares, with the exception of recognizing the equality of rights of the parties to joint property.
Therefore, the fundamental point in resolving disputes between the parties will be the conclusion of a voluntary agreement between them.
Agreement on determining shares
Calculating shares in an apartment, knowing the area, is easiest to do by concluding an agreement between all owners of the property. Moreover, such an agreement allows you to deviate from the basic rule of equal rights of participants and establish a larger or smaller share for each of them.
All persons who have rights to the property must participate in the agreement, otherwise its conclusion will be impossible.
In order to respect the rights of each participant when forming the size of individual common property units, it is necessary to determine how to calculate the share in the common property right calculator.
From the general share or residential?
When allocating, both the living space and the size of common areas - corridors, kitchen, bathroom and other things - are taken into account. Family members can decide the fate of residential square meters through peaceful negotiations. For example, someone will get a large hall, and someone will get a small bedroom, and everything will suit everyone. But the common territory is always divided equally between all owners. We have already told you in our article how to determine the procedure for using an apartment.
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How to calculate the share in an apartment: formula
To determine the size of the share you need to know:
- housing size;
- number of all owners.
Then you should calculate how the total area and the shares of living space of each owner relate. Knowing this indicator, you will be able to distribute the territory of common areas equally among all residents.
For example. The size of your apartment is 150 sq. meters, a total of 5 people apply for it. So, if you divide 150 by 5, you get 30. This is how much of the square meters each owner will get, taking into account that they decided to divide the property into equal parts.
How to calculate shares in an apartment in fractions
Now let's look at the calculation formula in fractions. With its help, you can determine the share in case of uneven division of housing.
We will need to know:
- apartment size;
- how many meters each room is;
- how much space do common areas take up?
Example. Let's assume that you need to divide a two-room apartment into two parts so that each tenant gets a room.
Housing dimensions (in square meters):
- total area – 90;
- 1st room – 25;
- 2nd room – 35;
- the remaining territory is 30.
Do not forget that, by law, common areas are divided equally between residents, regardless of how they agreed to divide the residential area. In our case – 30=2*15.
- the first tenant will get – (25/90+15/90)*100% = 45% of the area;
- the second – (35/90+15/90)*100 = 55% of the area.
How to calculate the share in an apartment?
To calculate each tenant's share of the common law, an owner's share formula can be used.
To do this, you need to know two quantities:
- total area of the object,
- living space per each co-owner.
To establish the size of the share, the ratio of the total area of the property to the residential area of each participant is initially calculated. Then there is an equal distribution of the common area to each of the owners.
For example, there is an apartment with a total area of 90 square meters. m and 3 owners. In this case, each person is entitled to 30 square meters. m, since 90/3=30.
In the next section we will give an example of calculating shares in an apartment based on the basic indicators of the total and living areas.
Calculation of the share in the common property right of an apartment building
How is the share in the right of common ownership calculated in accordance with Article 37 of the LC?
If possible, give an example. This is very important because the size of the payment depends on it.
The rights and obligations of the share owner are enshrined in column 13 of the Code, in Art. 209 defines: The owner can own, use and dispose of it without restrictions.
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Calculation of shares in an apartment
Often people who are faced with the need to evaluate a share in an apartment for the first time. resort to simply dividing the total cost of the apartment by the number of shares of the owners.
Calculation in an apartment Visitors to the legal consultation asked more than 10,000 questions on the topic “Calculation in an apartment.”
Calculation formula in fractions
To calculate the share, we use the following data for a two-room apartment:
- total area - 100 sq. m.,
- The living area of the rooms, each of which belongs to different owners, is 30 and 40 sq. m. m.,
- The area of common areas is 30 sq. m. m.
For rooms, the share percentage will be: 30/100 and 40/100 shares. Since the area of common areas must be divided on equal terms between each owner, 15/100 must be added to the indicated values.
Thus, the final share for each shareholder will be:
30/100+15/100=45/100
40/100+15/100=55/100.
It is in this ratio that the right of common shared ownership will be registered when concluding an agreement between the parties.
Section stages
If an agreement is not reached between the parties, the division and allotment of shares will be possible only in court. The requirement for the division and allocation of independent units must be made taking into account the following features:
- allocation of a share in kind is rarely possible, since the size of such units almost never coincides with the boundaries of separate rooms,
- compensation for the cost of the share will be necessary if it is impossible to allocate independent accounting units in kind.
How to calculate the value of a share in an apartment if you need to determine the amount of compensation for the court? You can calculate the cost of a share in common ownership in an apartment using an online calculator for calculating the area to be purchased, as well as drawing up a report on the market value of the property.
The parties may agree to use the cadastral value to compensate for the calculation of the share, however, in practice it is the market price that is used.
To clarify the amount to be paid as compensation, you must first calculate the share of the apartment online, and then make a proportional relationship between this indicator and the total market value according to the appraiser’s report.
The resulting amount may be ordered by the court to be paid to the person who demands the allocation or division of shares. The formula for calculating the share for each person when buying an apartment allows you to take into account the interests of each owner of the share in common law. Compensation can be calculated in a similar way when a share is alienated to third parties and the right of pre-emption is exercised.
Online real estate cost calculators in Moscow
The calculator is designed to determine the approximate cost of office (administrative) buildings. It is possible to determine the cost at a date in the past, up to 2011. To carry out the calculation, you need to know the area of the premises of the above-ground part of the building, as well as the area of the premises that can be used to accommodate people in the basement, attic and basement parts of the building (if any). Please note that the cost of the building is calculated including VAT.
Our specialists constantly monitor prices on the Moscow real estate market and analyze trends in the cost of typical real estate in all districts of Moscow. We monitor market prices for apartments and shares in them, office and administrative buildings, and non-residential premises. If you are interested in current or historical real estate prices in Moscow, we suggest using our online calculators to calculate the approximate/average market value of typical residential and commercial real estate properties for various dates.
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How to calculate the share in an apartment
How to calculate a new share in an apartment if existing shares are redistributed? In this case, the rights of one or more shareholders are subject to change, due to which a new accounting unit appears.
Determination of the specific sizes of shares based on the results of such distribution will be carried out based on the results of the agreement of the parties, after which the change in the share composition is subject to state registration.
The nominal share per each co-owner of the property, as a rule, does not allow the allocation of this unit in kind at the expense of one or more rooms.
Such a unit allows its owner to independently dispose of his own rights, including alienation under various types of contracts.
Online calculator
You can calculate the share in an apartment for redemption using the online calculator on our website, which allows you to set the size of shares even in the most difficult cases, when the total and living area of the apartment is divided among a large number of people.
It is necessary to indicate the size of the testator's share of the common property (For example, if the share is 100%, then enter 1/1 in the fields)
/
How many heirs, including you?
Result:
Calculator for calculating the shares of LLC participants (beta)
Find out the size of the charter capital In order to find out the exact size of the authorized capital, just enter in the “Participant 1” field the value of his share and its percentage (fractional equivalent) in the charter capital and click the “Define the charter capital” button. Based on these data, the calculator will calculate the amount of your authorized capital and display it in the “Authorized Capital” field, and also determine the balance in monetary and percentage equivalents. You can determine the size of the capital company by knowing any data from several participants (for example, the percentage of one participant and the nominal value of the share of another).
Distribution of the management capital You can distribute the remainder by adding the required number of participants using the green “Add” button opposite the “Participant 1” field. Please note that the distribution occurs automatically, and therefore the remainder is divided into equal parts among the participants you added. If you want to change the monetary or percentage designation of a share for someone, then without clearing the form, simply enter the data in the required field. In this case, the size of the authorized capital will not change, but the share and balance will be recalculated. In the event that you need to find out the size of the charter capital based on the percentage (fractional) ratios of shares or their cash equivalents that you have changed, clear the “Authorized capital” field using a gray cross and click on the “Determine the charter capital” button again. At the same time, you will see the new capital balance and its percentage. You can also not use the balance obtained when calculating the size of the authorized capital, but immediately enter the data of all participants, and then find out how its share will change if it increases or decreases. In this case, the program will always tell you whether the size of the authorized capital has been exceeded or, conversely, whether a balance has appeared during the distribution of shares. If you want to increase the shares of participants in monetary terms, then the calculator will calculate what the size of the authorized capital should be in this case.
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