How to register common shared ownership of property

The share in the property is transferred by inheritance from the owner to the only legal successor. This is an ideal situation. This almost never happens in life. Typically, a privatized apartment belongs to several persons at once: spouses, their children, and other relatives. A participant in joint ownership has the right to dispose of only the part that belongs to him.

Inheriting a share in a privatized apartment requires taking into account many things: the presence of a will, the rights of other relatives, the condition of the property, encumbrances. Today, there are often situations when the share transferred by inheritance is already pledged to the bank under a mortgage or other loan.

A properly executed inheritance is a source of profit. The Tax Code of the Russian Federation obliges to pay tax on profits to the state. But relatives are exempt from this obligation. These and other nuances are taken into account, since a contradiction with the law inevitably entails the loss of rights to real estate.

Methods of inheriting a share of privatized housing

When privatizing an apartment into common shared ownership, all participants have equal shares in the residential premises, unless otherwise specified in the agreement on gratuitous transfer. Therefore, in the event of the death of one of the owners of the apartment, inheritance of the share by legal successors takes place on a general basis.

If an apartment is privatized by a citizen into individual ownership and the rights to it are formalized in the prescribed manner during his lifetime, no specific questions arise. Inheritance occurs in the general order.

The sequence of acceptance of inherited property is determined by which path is chosen for this by the testator himself.

Two options available:

According to the will.
In law.

Obviously, in the 1st option, you need to take care of the expression of will in advance. It is formulated based on legislative norms and registered with a notary.

If a document contains gross errors and does not correspond to the real state of affairs, then it will not be difficult to invalidate it in court.

By will

A will is a document drawn up personally by the testator or through his authorized representative. Today, a notary can be called to your home to perform this work, having paid a fee in accordance with the price list.

You can transfer your property to anyone by will.:

relative;
to a stranger;
legal entity;
charitable organization.

The will states who will receive what from the testator's property. A share in real estate is transferred to one or more persons. It is not necessary to inform someone (including a notary) about the contents of the will when drawing up a closed will.

In the future, the owner of the property has the right to change the contents of the will as many times as he likes; the one that was drawn up and registered last will be valid at the time of death.

An important part of wills are “inheritances”. You can transfer ownership rights to one person and oblige him not to interfere with a third party’s use of a share in the apartment.

Such a refusal may be valid for a specific period or until the end of the life of the legatee. Anyone who gets a share in the apartment can sell it if the buyer agrees to continue to carry out the will of the deceased.

In law

In the absence of expression of will, all that remains is to turn to the law. The distribution of the inheritance, including real estate, will occur in proportion to the number and categories of legal successors.

The law lists the queues (8 in total), of which the first two are given priority:

Spouse, father and mother, children.
Grandparents, brothers and sisters.

The 1st line has an absolute advantage over everyone. If there is no one in the 1st queue, the claims of applicants from the 2nd and further are considered.

Within the queue, property is distributed equally among everyone. Any of the persons recognized as heirs has the right to give their share to others.

There are some categories of successors who cannot be disinherited:

How to register common shared ownership of property

Property can belong to one person, in which case he is the sole and rightful owner, or to several people. In such a situation, they are the owners of common property, if the document is executed in a timely manner. There are two types of common property: joint and shared. An example of joint ownership would be a married couple who bought an apartment and registered it, and therefore own it jointly. When the share of each owner is specifically designated, this is shared ownership. If the size of the share is not specified, then the shares are considered equal. If the size is indicated, then it must be clearly written in the form of a fraction (1/4, 1/2).

An important point is that a participant in common ownership has the right not to a specific part of the property, but to a share in the ownership. This means that ownership and use of it can only be carried out with the agreement of all co-owners. You do not own a separate room, part of a house, or a certain number of centimeters. You have a share in every centimeter and can claim the use of the entire apartment, regardless of the size of your part stated in the certificate of ownership.

How to become a participant in shared ownership

How does shared ownership arise? You can inherit property by dividing it with other heirs, and as a result, register it in everyone’s name. If there is a will, it does not stipulate the specific share of each heir, then this means that automatically everyone receives equal shares.

You can buy property together with other people. And then all participants in the purchase will become owners of common shared property. Spouses can also be participants in shared property if this was previously agreed upon in the marriage contract.

There is also the option of becoming a co-owner of your property, which you owned solely. Perhaps you urgently needed money and you decided to sell a share in the ownership of your property, which previously belonged only to you. All that remains is to draw up the documents, and such property will become the common shared property of the new buyer and seller. You can donate property to several people at once, as a result of which they will become owners of common shared property.

How to register shared ownership

For example, when buying an apartment by several people:

When registering, you need to ensure the presence of all buyers (to sign the purchase and sale agreement). If one of the buyers cannot be present at registration, you need to prepare a power of attorney in the name of any other buyer.

When concluding a purchase and sale agreement, enter information about all buyers into the contract. Prepare as many copies of contracts as buyers have.

Then enter into an agreement of shared ownership of the house between each other, indicating the share of each. You don’t have to specify it, then the shares will automatically become equal for everyone who buys.

Take the purchase and sale agreement, shared ownership agreement, technical documentation and submit an application for registration. Each buyer will receive a certificate of ownership indicating his share. A separate entry will be made in the register for each co-owner.

And remember, if you want to sell part of the property, which at that moment has several owners, you must first offer it to the remaining co-owners. The person who sells must notify all co-owners, preferably in writing. The notice must indicate the price and stipulate the conditions under which you are selling the property. Only as a result of refusal, you can sell your share to other people. In a situation where several co-owners respond to your offer, you have the right to choose who to sell to.

The co-owner also has the right to allocate his share in kind. For example, make a separate entrance to the house. If you are a co-owner of an apartment or room, and you do not have this opportunity, then you have the right to payment or compensation for your share from the other co-owners. You can also divide your common property in kind among all co-owners. All documents must be prepared and notarized. All these operations will lead to you losing the right to common shared property.

Who has the right to receive a share and register it as an inheritance?

Real estate is a special category of property. The law requires that ownership be registered so that the owner will subsequently bear full responsibility for its maintenance.

For this reason, only a legally capable person can become an heir and register a share in the apartment. Children whose legal capacity is limited accept inheritance with the consent of their parents.

Most often, real estate goes to those who are included in the 1st stage. There are no fundamental differences in the registration procedure in the presence of a will and in its absence. They always wait six months, during which the notary collects applications from the heirs. It is impossible to speed up this process.

Inheritance of a share of privatized property after the death of a spouse

The distribution of the deceased's property between his spouse and children occurs in accordance with how the property right was acquired.

If the share in the apartment was purchased by the deceased before marriage, privatized, inherited or received as a gift (at any time), then it is his personal property. It will be divided equally between the spouse and children.

When the share in the apartment was jointly owned by the spouses, then after the death of any of them, the remaining one will own half. The remainder will be distributed among the children in equal shares.

If there are no children, then the spouse will inherit the entire share, regardless of the order and time of its acquisition (when there is no will).

Inheritance after the death of mother or father

The succession line is headed by the deceased's spouse and his children. All of them have the right to agree on exactly how ownership of a share in the apartment will be transferred. For example, children have the right to give their shares to their mother, and vice versa.

We must not forget about grandparents. They are also among the heirs. Upon presentation of a document proving the existence of a family relationship (birth certificate, marriage certificate), you can submit an application to a notary in the general manner.

Anyone can refuse inheritance without giving reasons. This is partially impossible to do. This means that when accepting property, you cannot give up any part of it. In addition, debts are inherited.

For example, if there is a debt for an apartment, all heirs will repay it in proportion to their shares.

How to rent out a share in an apartment without the consent of the owners

To rent out a share in an apartment without the consent of the owners, if it is not allocated, you must first separate it from the rest of the premises. If this is done, then the further procedure is not particularly difficult.

Procedure

Allocate a share in the apartment in kind.
Find a tenant.
Conclude a lease agreement.

It should be taken into account that the share must be adequate and include at least one room. However, it is physically impossible to isolate a smaller part in nature, so in this case no special problems usually arise.

Documentation

In order to rent out a share in an apartment, the following documents are required:

Landlord's passport.
Tenant's passport.
An extract from the Unified State Register or any other document confirming ownership of a share in the apartment.
Lease contract.

Often receipts for receipt of funds are added here. Some landlords prefer to receive payment for a long period in advance, which is indicated by such receipts. In addition, in many cases it is required to deposit a certain amount to guarantee the safety of the property. If everything is fine, this money is returned by the landlord to the tenant upon termination of the contract.

Sample rental agreement

Expenses

The lessor does not bear any costs when drawing up the agreement and transferring the lease share since this document does not require mandatory notarization. However, it must be taken into account that the receipt of income of this type is subject to taxation. As a result, payments must be recorded in the report and transferred to the tax office.

There is a misconception that you do not need to pay taxes if the lease agreement is concluded for 11 months. In fact, you need to pay in any case, but when concluding an agreement for such a period, it is not subject to mandatory state registration.

Deadlines

Allocation of an apartment in kind is a separate procedure that can take 2 months or more. But renting out an apartment itself, if you exclude the period of searching for a suitable tenant, takes a matter of minutes or hours, because all you need to do is prepare an agreement, sign it and take the money.

The procedure for renting out a share in an apartment is not too complicated, provided there are consents or a dedicated part of the housing. But if you first need to allocate a room in kind, actually separating it from the rest of the apartment, everything becomes much more serious. Our experienced lawyers will help you deal with this problem during a free consultation. And they are ready to act as representatives of the client, taking upon themselves all issues relating to this procedure.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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Inheritance of part of a privatized apartment

The fact of privatization is one of the grounds for recognition of property rights.

Equivalent to him:

sale;
donation;
inheritance.

Since we are talking about part of the apartment, this means that the remaining shares have owners. Often these are close relatives of the testator. But there are situations when an apartment is owned jointly by strangers.

When the title document (extract from the Unified State Register) does not indicate a specific part of the apartment, this means that all co-owners have equal rights. Accordingly, in order to formalize an inheritance, it is necessary to determine the shares of all owners.

If the owners are close relatives, this simplifies the task. For example, after the death of a spouse, the second will remain his 1/2 in the apartment, as well as the part that is due by law or by will.

Privatized real estate must be registered with Rosreestr. It is enough to request an extract from the Unified State Register to verify the correctness of ideas about who is the owner of this object. Any person has the right to do this, not even the owner of this property.

How is the division of shares between heirs carried out?

The allocation of shares after the fact (after the death of the testator) is impossible. But during their lifetime, co-owners have the right to agree and formalize ownership of specific shares, which may not be equal at all. In this case, only the share specified in the agreement will be inherited.

Drawing up agreements of this kind, as well as the subsequent registration of the right to a share in a privatized apartment, determining the procedure for using joint property is a rather complex legally and time-consuming process.

You should do this in advance, setting aside at least 1 year for this. One of the common difficulties is to agree and voluntarily participate in all registration activities.

Since quite often very small shares are transferred to the heirs (for example, 1/8 of a one-room apartment with an area of 15 sq. m.), even before contacting a notary, it is advantageous to agree with the remaining heirs and co-owners of the property on the sale.

Upon reaching agreement, the successor will be required, in exchange for an agreed amount, to write a waiver of the inheritance and hand it over to a notary.

How to allocate your share in a privatized apartment?

To allocate a share in an apartment that has already been privatized, there are several, or rather, two ways: in kind and as a percentage. Any person who, according to documents, owns a share of real estate, can dispose of it as he wants, since he has his own legal right to it.

You need to start by filing an application for consideration by the court. The Bureau of Technical Inventory needs to make a plan of the apartment, which will show how the separation can occur.
It is possible to highlight in kind, that is, to isolate your part from others with a separate entrance, kitchen and bathroom, only if the layout and square footage of the apartment allows it. A special commission determines the possibility of such a separation, and the court makes its decision based on the results of this examination.
If the court decides to allow you to separate in kind, then you have the right to sell your share, having previously warned the other relatives in the share about this. All owners will need to make new documents confirming ownership, and each will have their own separate certificate.
If the layout and other parameters of the apartment do not give a positive response to your request to separate your part, and this happens most often, then each participant in the dispute is assigned a certain percentage share. A court decision may force payment of the entire value of the plaintiff’s share.
If you do not want to sell your part, allocated as a percentage, then the court will determine the procedure for using the living space. It thus becomes communal.

There is no other way, except through the court, to allocate your share in an apartment owned by several family members. You can find a compromise with the others and jointly sell this property and exchange it for an option that is satisfactory for all parties.

Video about whether it is possible to privatize a share in an apartment, and what can be done with it in the future

How to give up a share in a privatized apartment?

Since Russian citizens were granted the right to free privatization, millions of people, taking advantage of it, became full owners of apartments and houses. However, there were cases when people not only did not take advantage of this right, but wanted to transfer their share to someone else. Well, a person does not need this share in his life situation.

There are two ways to give up your share in a privatized apartment.

Method 1

If the apartment is already registered as privatized, and you, in the company of other family members, are a share of this property, for example, as an heir. What do you need to do?

You must draw up a gift deed, or a purchase and sale agreement for this part. This is not easy, you will need to collect a package of documents and go through several legal procedures.

What exactly do you need:

documents confirming the right to own this property;
consent to the transaction of all those who are among the owners of the apartment, certified by a notary;
a certificate of residence from everyone who owns a share in this apartment;
registration certificate for this apartment;
gift agreement, as well as purchase and sale agreement, certified by a notary;
a receipt indicating payment of the state fee for concluding a transaction and registering it;
consent to carry out this transaction from persons under the age of majority and incapacitated, or from their official representatives;
a notarized statement that you have renounced your share;
personal passports of everyone taking part in the transaction.

To obtain a new technical passport for this apartment, you need to have it inspected by a specialist from the BTI. After this inspection you will be given a document.
Then, at the notary, obtain permission to sell or conclude a deed of gift from each owner.
There you also draw up a deed of gift or a deed of purchase and sale for the person in whose favor you are giving up your part of the property.
At the end, you formalize your transaction with the organization where real estate is registered and issue a certificate of ownership to the new owner of your part of the home.

Method 2
If you have already declared your right to property, but have not yet received a certificate, simply draw up an agreement with a notary, which will confirm the renunciation of your part of the inheritance in favor of another person.

How to correctly inherit a share of a privatized apartment: procedure

In the procedure for accepting an inheritance, there are standard stages that will have to be completed both in the presence of a will and in its absence.

The sequence of actions will be as follows:

The heirs submit to the notary at the place of residence of the deceased an application for acceptance of the inheritance and all the necessary documents. If there are those who want to give up their share in favor of others, then they also submit an application along with everyone else.
An assessment of the hereditary mass is performed. First of all, this concerns real estate. Based on the amount specified in the estimate, the state duty will be calculated.
The heirs pay the state fee to the notary.
A certificate of inheritance rights can be obtained no earlier than six months later.
Next, they contact Rosreestr with an application.
Rosreestr registers new property rights, and state fees are paid.

Only after all stages have been completed, ownership of the share in the real estate passes to the heirs. Now it can be sold, donated, bequeathed.

In what case can you privatize a share in an apartment?

The frequently asked question whether it is possible to privatize a share in an apartment has a positive answer only in one case. Privatization is possible only on the condition that all residents registered in this apartment and entitled to a share of the property agree to this. If any of the family members refuses to take part in the privatization procedure, then it automatically becomes impossible. The main condition for assigning property status to real estate is the consent of absolutely all residents.

It is impossible to privatize only your share if other relatives refuse.

If the shares are unequal, this process is possible, but only if it interests each of the parties. Children under the age of majority cannot participate in privatization and have the right to vote, but trustee bodies can fight against infringement of their right to their share. If the issue is resolved in favor of the children, privatization will be denied.

There are cases when one of the residents gives up his part of the property in favor of others. Then this part will be divided among the rest of the family members. If one person renounces his share in someone else’s favor, then he can no longer be discharged without his consent.

The Constitution contains a law prohibiting the privatization of one part of the living space if it is one piece of real estate. If, after the decision of the BTI, your part of the apartment is recognized as an independent separate object, then you will be given consent to privatize this part. This could be the transfer of several rooms into personal ownership or even the privatization of one room in an apartment.

Required documents

The standard documentation package includes:

Death certificate.
A document proving the fact of relationship.
An extract from the house register confirming the fact that the deceased lived at this address, which gives grounds to contact this particular notary office.
Will (if any).
Refusal if the heir wishes to renounce his share.
Evaluation of each item (object) included in the estate.
Receipt of payment of the notary state fee.

When you first contact a notary, you may not have any documents on hand. You have 6 months to create a complete package. It is not recommended to delay the initial application itself, so as not to miss the deadline. The terms will have to be restored in court.

Features of registering a share of a privatized apartment with a notary

The notary has the right to charge a state fee for services provided to heirs. Its size is regulated.

In addition, additional amounts may be charged locally for the provision of technical services.:

filling out applications;
certification of copies of documents;
reproduction of papers;
certificate of renunciation of inheritance.

As a rule, heirs can contact any notary office. If the cost of services between them differs significantly, then this makes sense. However, only prices for technical services may differ. State duties for inheritance are determined by law and do not change.

Amount of state fee for a notary

The amount of the state duty is determined in Art. 333.24 Tax Code of the Russian Federation. It is influenced by the close relationship of the heirs with the testator, as well as the value of the property (share in the apartment).

The spread looks like this:

Relation degree	Amount of state duty
Heirs of the 2nd stage	0.3% of the estimated value of the inheritance (up to 100 thousand rubles).
Other	0.6% of the estimated value of the inheritance (up to 1 million rubles).

When calculating the amount of state duty, the heirs have the right to present to the notary any estimate:

inventory;
cadastral;
market

The main thing is that the assessment is carried out by an appraiser who is a member of the SRO (confirmed by a certificate). Otherwise, it will not be evidence for the notary or for the court.

According to Art. 333.35 of the Tax Code of the Russian Federation the following categories of citizens are exempt from notary state fees:

Participants and disabled people of the Second World War.
Heroes of the USSR.
Knights of the Order of Glory.
Heroes of the Russian Federation.
Those who lived with the testator.
Minors.
Heirs of the politically repressed.
Heirs of military personnel and employees of the Ministry of Internal Affairs of the Russian Federation who died in the line of duty.
Incapacitated heirs under guardianship.

There are also discounts on payment: disabled people of groups I and II pay half the fee. The benefit and exemption from duty must be confirmed by submitting the appropriate document.

Registration of ownership of part of a privatized apartment

Only Rosreestr has the right to register real estate. To register the inheritance, contact the territorial division.

All papers can be submitted to the local MFC, or sent by letter. There is no point in delaying this procedure, even if you already have a certificate of the right to inheritance, since only after it will the registration of a share in the privatized apartment be completed.

Required:

Complete the standard application.
Provide a certificate of inheritance, a check for payment of state fees, a passport, and real estate papers.

No further participation of applicants is required. A notification will be sent to them upon completion of registration. From this moment on, you can additionally order an extract from the Unified State Register, which is currently the only document proving the registration of ownership of real estate.

State registration fee and personal income tax when inheriting an apartment

The size of the state duty is standard when registering real estate as a property:

for individuals – 2000 rubles;
for legal entities – 22,000 rubles.

However, in case of registration of a share in real estate in an apartment building on the basis of common ownership, the amount of state duty is 200 rubles.

Successors are exempt from paying personal income tax for receiving an inheritance. The only thing is that in the case of real estate, those who decide to sell it earlier than 3 years after the death of the testator will have to pay 13% to the state of the estimated value of the share in the apartment.

Entry into inheritance

An apartment, the owner of which is one person, passes to the heirs of the first priority (legal regime), or to the one who is indicated in the will as a potential owner of the property. If the apartment is privatized and its owners are 2-3 people, then only the part of the one who is currently considered deceased is inherited.

To enter into inheritance you must:

obtain a death certificate from the registry office (issued upon presentation of a medical report signed by a medical professional);
make a photocopy of the certificate;
remove a deceased person from the registration register (deregistration is the responsibility of the passport office employees if the applicant has a death certificate and its photocopy, passport).

The standard package of documents required by a notary to recognize an heir is as follows:

passport;
death certificate of the testator;
Form No. 9 (deregistration);
a document confirming the fact of relationship with the testator and participation in caring for him during his lifetime (if there is a will, there is no need for it).

To receive a share in a privatized apartment by inheritance, you may also need:

privatization agreement;
a will for a share in an apartment;
certificate of ownership;
receipt of payment of state duty;
cadastral passport and extract from the Unified State Register (requested by the notary from the relevant authorities independently).

If the testator was not bequeathed the entire apartment (house), but only a separate part, while the property is integral and not divided into shares, before receiving the inheritance you will need to go to court for the appropriate division.

It should be understood that when calculating the part that belongs to each heir, not real, but ideal division is used.

So, if we are talking about dividing a 1-room apartment between three heirs, then there is no need to say that each of them will be allocated their own square meters. If the apartment has been privatized, then the division occurs not by rooms or squares; it is hardly possible to draw a clear line between the property of one heir and the property of another.

As soon as the shares are allocated, the notary will draw up the documents and issue the heir with permission to inherit the shares in the privatized apartment. After receiving it, the property can be disposed of at will.