Agreement on real division of the house

Dividing a house is not as simple a procedure as it seems at first glance. The fact is that most of the real estate falls under the definition of indivisible property and, accordingly, is not subject to division. However, discord may arise in the relationship between the owners and they begin to look for solutions on how to divide the private house they own.

The division of a residential building does not contradict current legislation and we will tell you how to do it. Please note that along with the house, the land plot and the outbuildings located on it are divided . How to divide real estate to take into account the interests of each party? Let's consider the possible options.

Method No. 1. Peaceful agreement

The best option to divide the house would be a peaceful agreement between the owners. In this case, the home ownership does not lose its status as an integral piece of real estate, it simply becomes shared ownership.

From a technical and legal point of view, this is the easiest way to remodel a house for two owners. In this case, the division of the house occurs on the basis of an oral agreement or written agreement between the owners. It is better to choose the second option and have the drafted agreement certified by a notary office. This will help avoid property disputes in the future.

Before dividing your home, include the following in your agreement:

• current costs of maintaining the house;
• Payment of utility services;
• procedure for operating common areas (kitchen, bath, toilet, corridor).

When concluding a peace agreement, do not forget about dividing the land. Although if you plan to live together in the future, then this item is optional.

If there are difficulties in determining the share of each owner, then the problem can be resolved through the court. However, this is not the best option. The judge will not take into account the interests of the owners, but will simply suggest a compromise solution that will suit each of the parties.

If a compromise is not reached, the legal battle could drag on indefinitely. In this case, allocating a share in kind is suitable. We'll look at this option a little later.

Even in case of agreement, the house must be divided into two separate living spaces. In some cases, this will require redevelopment of the building. Construction work must be legalized and an expert report must be obtained that the changes made to the design will not lead to the destruction of the house.

What is the fate of a house built under the young family program after a divorce?

Hello Tatyana, it’s not clear what exactly the question is about. There can be no answer to the general question about the fate of the house. If you want to demolish it, sell it, or live in the house, all this can be regarded as the “fate” of the house. Please clarify what exactly the question is related to.

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If you have a house in shared ownership - that is, the husband, wife and children have a share in the property rights, then after the divorce nothing will change. If there are no shares, then the house is the joint property of the spouses and will be divided equally.

Method No. 2. Dividing a house into two separate buildings

Dividing a house into two separate buildings is called allocating a share in kind. The essence of this method is to transfer to each of the parties an isolated room suitable for habitation . This is the most common way of dividing a home between two owners.

The main advantage is that each owner can sell his share without the consent of the other homeowner. Please note that this method is not suitable for dividing single-family houses; in this situation, you will have to look for other ways to solve the problem.

The allocation of a share in kind is possible subject to the following conditions:

• each owner must have a separate entrance;
• the allocated part of the property must be suitable for living;
• living quarters are completely isolated;
• division of the land plot is mandatory.

If the building is in disrepair or dilapidated condition, or is unsuitable for habitation, the allocation of a share in kind is impossible even in court.

As in the previous case, it is better to divide one building into two houses through a peace agreement. Unlike the previous method, allocating a share in kind involves paperwork. Here's what you need to prepare:

1. Legalize redevelopment and make changes to the technical plan of the house. When allocating a share in kind, redevelopment is almost always carried out.
2. A complete package of documents is drawn up for each part of the house. In particular, a technical and cadastral passport is ordered. The division of the land plot is carried out by land surveying, about which there must be a corresponding document. All outbuildings on the site are also registered with the state.
3. A written agreement is drawn up between the owners on the allocation of a share in kind. If the division does not occur in equal shares (one half of the house is larger), monetary compensation is negotiated.
4. The package of documents is submitted for consideration to Rosreestr. If the division of real estate does not contradict current legislation, then in two weeks each of the newly created owners will receive ownership of part of the house and the surrounding territory.

If a peaceful settlement is impossible, then the allocation of a share in kind occurs through the courts. Please note that any of the owners can file a claim. This is a rather troublesome option that will require significant financial costs from the plaintiff.

The fact is that a technical plan for dividing the house must be attached to the claim. If this document is missing, the court appoints an independent expert examination, which determines options for dividing the property. The costs naturally fall on the plaintiff.

It is worth noting that if the appointed expert neglects his duties, you will most likely receive a conclusion that it is impossible to divide the building. Accordingly, there will be no grounds for litigation. If you decide to go this route, then take care of the technical documentation in advance.

Will an unfinished house be subject to division as joint property?

There are several views on this problem. Some land lawyers, based mainly on Art. 219 of the Civil Code of the Russian Federation, which links the emergence of rights to a real estate object with the fact of registration, they are inclined to believe that it is impossible to divide such an unfinished house until the ownership of it is registered in the prescribed manner. Supporters of this position do not consider an unfinished house (unless it is registered as an object of unfinished construction) as a real estate object, and accordingly, it cannot be the object of civil rights. Although here we can note the position of the court, which recognized the ownership of a share in an unfinished house precisely on the fact that the unfinished house is not a piece of real estate, and therefore the fact of registration has no significance (see Resolution of the Presidium of the Moscow Regional Court dated May 16, 2007 N 317).

Others, on the contrary, believe that the main thing when dividing an unfinished house is to establish whether it is (taking into account the stage of its construction and design features) a divisible thing. Then the court will be able to either determine the individual parts of the house to be divided, or (if division is impossible) recognize the right of the spouses to building materials and structural elements of the house (see Determination of the Supreme Court of the Russian Federation dated April 23, 2001 N 57-B01-2, Resolution of the Presidium of the Moscow Regional Court dated May 13, 2009 N 115).

As you can see, there is no clear answer to this question.

The second point of view is closer to us, but with some reservations.

Due to the fact that the court must determine the property to be divided between the spouses, it is also obliged to establish the fact that this property belongs to the persons. In court, when dividing an unfinished house (if it is not registered as an unfinished construction project), problems will arise with proving the fact of the construction of the house, the fact of its existence and ownership of the spouses. As the judicial practice of land lawyers in our center shows, some courts refuse to divide such property, considering it as an unauthorized construction. Subsequently, such decisions are recognized as illegal, but the courts have different motivations (see the above-mentioned Resolutions of the Presidium of the Moscow Regional Court).

In our opinion, taking into account the provisions of Art. 130 Civil Code of the Russian Federation, art. 38 of the RF IC, as well as Determination of the RF Armed Forces dated April 23, 2001 N 57-B01-2, division of an unfinished house is possible, but only if the parties can provide the court with the relevant documents containing a description of the real estate object, allowing the identification of this house and its affiliation with the property spouses. Of course, it is advisable that the house have a technical or cadastral passport.

How to divide a semi-detached house into two houses

Situations arise when a two-flat house appears in a real estate division case. At first glance, everything is simple: the building was originally intended for separate residence, there are separate entrances and even two apartments are registered at the same address. But when submitting an application to Rosreestr, the owners are denied registration of property rights. There is only one reason: the house received the status of an apartment building, but the land belongs to the category of individual housing construction. What to do in this case?

First, you will need to convert the house into common shared ownership. Accordingly, each owner receives ½ share in the house. This will help confirm the intended use of the land. After all, the house ceases to be an apartment building. Then the owners collect the necessary package of documents and write an application for the allocation of shares in kind. We described above how this procedure occurs.

Please note that if the house you want to divide was built after 2006, you will need a building occupancy certificate to allocate shares . For this purpose, a commission is appointed that determines the fire and sanitary conditions of the house and identifies violations committed during construction.

Rosreestr will not register property rights until the identified violations are eliminated. If the house falls under the dacha amnesty law, this document is not required.

To minimize problems with dividing a house, we recommend using the services of a qualified lawyer. The specialist will advise you on how to resolve the problem out of court or help you defend your interests in court.

When a private house belongs to several owners, it may be necessary to divide the living space between the owners. The complexity of the procedure depends on the layout of the house, the size of the owners’ shares and the specifics of local town planning regulations.

The procedure for voluntary division of a house into shared ownership

When drawing up a voluntary agreement on the division of real estate (an agreement on the actual division of a house), the parties need to perform several sequential actions:

1. On the diagram of the residential premises, carry out zoning for each of the owners in accordance with the wishes of each and their agreements.
2. Next, it is necessary to carry out a construction and technical examination, which will determine whether it is possible to isolate zoned areas and name division options based on the shares of each of the participants in the division, technical and regulatory requirements for the division of premises. If difficulties arise with the division of a particular house, experts can offer solutions with a slight adjustment of shares and a possible amount of compensation.
3. The next stage will be the drawing up and signing of an agreement, in which all the nuances of the section will be announced, taking into account the recommendations of experts. The document is signed by all parties to the agreement and certified by a notary.
4. Then all signatories need to contact the BTI and issue a new cadastral and technical passport. Such passports must be issued for each allocated share.
5. The last stage is registration of all changes in Rosreestr.

To register changes in ownership, the following documents must be submitted to Rosreestr:

• applications for registration of ownership from each owner of a share of real estate;
• title documents for real estate;
• agreement on the division of residential premises (several copies according to the number of parties, plus one for Rosreestr);
• registration certificate;
• photocopies of the passports of each applicant;
• receipt of payment of state duty.

The state duty for making changes to the Unified State Register for real estate for individuals is 350 rubles.

Expertise on house division in kind

Technical expertise during the actual division of a residential building must be carried out without fail. It is necessary for the following purposes:

1. The most reliable division of real estate.
2. Compliance with all building codes and regulations to ensure safety during home remodeling and rebuilding.
3. Calculation of compensation in case of impossibility for technical or other reasons to divide a residential building into two owners strictly in accordance with the shares of the owners. Compensation may also include the costs of various repairs and technical work associated with redevelopment.

Unauthorized redevelopment of the house is unacceptable. This threatens the owners with administrative and, in some cases, criminal liability.

Procedure for dividing into two families

The right of owners to divide common housing into shares is enshrined in Art. 252 of the Civil Code. The division of a house into two families means the allocation of a share of the common property to each family.

Each family is allocated the number of rooms and non-residential premises in the house, the area of ​​which corresponds to the total size of shares owned by family members.

In this case, it is not allowed:

• Separation of separate rooms without installing a partition;
• Leaving important non-residential premises (kitchen, bathroom) in the ownership of one family;
• The allocation of living space to one family is less than the minimum established for a given family composition in a given region.

The minimum area is determined by the laws of each region separately; the national average for the minimum living area per person is 14 square meters. m, for a family of two people – 25 sq. m, for a family of three – 40 sq. m.

If the house is in common joint ownership, then before dividing the shares, their sizes should be determined.

In general, the division of a house between families occurs in the following way:

1. Determination of the share belonging to each family;
2. Contacting an architectural and planning bureau;
3. Drawing up a project for dividing the house;
4. Coordination of the project with the BTI engineering service;
5. Carrying out redevelopment work (if necessary);
6. Obtaining new technical plans;
7. Registration of rights to the received parts of the house.

Information on the shares owned by families is contained in the Unified State Register of Real Estate. Family members can obtain an extract by contacting the MFC with a passport.

The architectural bureau is developing a redevelopment project in such a way that each family is allocated an area in accordance with the size of its total share. When planning work, specialists take into account the engineering safety of the work and the location of long-term communications.

The section will require the following documents:

• Cadastral passport for the plot under the house;
• Extract from the real estate register about the owners of shares;
• Technical passport for the building;
• Copies of owners' passports.

If the BTI service or Rosreestr refuse to approve the house project and register ownership, the share owners can challenge the refusal in court, for this it is necessary to obtain an independent engineering examination that proves the safety of the planned work.

In case of divorce

Divorce involves dividing all the property of the spouses equally. If spouses do not agree with dividing the area of ​​the house into two equal parts by default, they turn to the courts. The further procedure for dividing the house depends on the court's decision.

In case of divorce, the draft division is drawn up on the basis of a court decision on the distribution of shares between the former spouses.

If one of the spouses’ share turns out to be less than the minimum required for living under regional law, then such spouse is paid compensation instead of allocating part of the house.

In this case, the house is not divided. In other cases, the division is carried out in accordance with the general rules.

How to divide a house

• 29.6.2011
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According to the Civil Code of the Russian Federation, any thing can belong under the right of common ownership to several citizens. This also applies to residential buildings, be it a luxury cottage or an old “house in the village”. And often disputes arise between owners about the procedure for using the building or about the allocation of the appropriate share. Real estate can also be in common ownership (i.e., the property of two or more citizens). There are two types of common property: 1. Common shared property - i.e. property with determination of the size of the share of each owner. 2. Common joint property - property without defining shares, for example, joint property of spouses who have not stipulated otherwise in the marriage contract. At the same time, excluding cases specified by law, common property is always shared - i.e. Each owner has a certain amount of share in the common property. If necessary, a participant in shared ownership may demand the allocation of his share from the common property in kind. Such a division can be carried out both by agreement of the co-owners, and if it is not possible to reach an agreement through the court. The owner then receives for his use some specific premises in the house: a certain isolated part of the residential building and non-residential buildings in proportion to his share. Under one condition - if disproportionate damage to the economic purpose of the buildings is not caused, i.e. the technical condition of the house will not deteriorate, for example, residential premises will not be converted into non-residential premises. Although in the latter case, if the re-equipment affects only the interests of the owner, who requires the allocation of his share in kind, then the allocation of the share is possible. By the way, the initially determined share sizes may change. For example, if one of the owners has re-equipped or significantly improved the property at his own expense, then he has the right to demand an increase in the size of his share. If the part of the house allocated in kind to a participant in shared ownership does not correspond to his share, i.e. - significantly less, then he can agree to monetary compensation. In this case, he loses ownership of the house and the right to live in the house without the consent of the other owners. If, on the contrary, the share allocated in kind turns out to be too large, then the remaining participants receive monetary compensation and, accordingly, the size of their shares in the common property changes. After the allocation of a share in kind, the right of common ownership of the house does not cease. When determining the order of use of the house, each owner is given a specific part of the building based on his share. The allocated premises may not be isolated and do not always exactly correspond to the size of the owner’s share. If a premises exceeding the size of his share in the common property is transferred for the owner’s use, then the remaining participants in the common property may demand compensation - payment for the use of the excess. Conversely, an owner who has received a smaller premises for actual use may demand such payment from the remaining owners. When determining the procedure for using a house, the court takes into account the already established procedure for use, which may not exactly correspond to the size of the shares. If the case goes to court, then when considering any of these claims, the parties must provide evidence of ownership of the house and the size of the owners' shares: - title documents indicating the size of the owners' shares; - house plan; — plan of the land plot; - other documents relevant to the case. Witness testimony confirming the established procedure for using the house plays a very important role. Also important will be the expert opinions of the relevant commissions on the possibility of allocating a share in kind in compliance with technical, fire and sanitary standards, on the cost of each share expected to be allocated, etc.

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Shares in kind

If, after drawing up the project, it turns out that it is physically impossible to divide the house into shares without changing its design, then redevelopment work is carried out. During the redevelopment the following work is carried out:

• Interior partitions are installed and demolished;
• Staircase openings are being rebuilt;
• Additional entrance doors are installed;
• Load-bearing walls are moved.

These works are carried out according to the design of the architectural bureau, approved by the BTI, so that the redevelopment is legal.

Redevelopment can be of two types:

With the internal type, the load-bearing walls do not change the main location, but only the configuration of the internal partitions between rooms changes and an additional entrance door is installed.

The external type involves dividing the house into two separate buildings with separate addresses for each owner.

Physical separation is not possible for all houses, since according to urban planning requirements, the distance between residential buildings in the private sector cannot be less than 6 meters.

To divide the house into two separate buildings in kind, the owners of the shares rebuild the middle part of the house into a common garage with a major partition in order to use 6 meters, rather than leaving empty space between the houses.

How to divide a house

Let's look at how to divide a house into shares in another way. Let's assume that after the death of our hypothetical grandmother there are two heirs. And they both want to live in this house. In this case, they have the right to build a permanent wall in the middle of the house and make separate entrances. This can be done in agreement with the chief architect of the area. To begin with, a package of documents is submitted to the department of architecture and capital construction, the same as for remodeling an apartment. This is an extract from the cadastral passport, a copy of the cadastral plan, an application, the conclusion of an expert commission on the technical feasibility of dividing the house, a cadastral passport and a plan for each share. The chief architect signs his visa and consent. After dividing the house in practice, each owner must go through the entire procedure again to register his share in the property. You will also need all cadastral documents and certificates from the BTI. They must also assign an address to each part of the house. Then you will need to register your property at the registration chamber of your municipality and receive a document confirming your property. Then you will have to go to various utility and supply organizations, open a personal account in the accounting department of housing and communal services, a gas company, an organization supplying electricity, water, heat and others. If you do not register in the new housing, then do not forget to make sure that the former owner is discharged. Passport offices receive data on the death of citizens, but do not voluntarily issue them, only at the request of the heirs, upon provision of the necessary documents.

We divide the house into apartments

One of the options for dividing a private house into isolated parts belonging to individual owners is to divide such housing into apartments with subsequent transfer from a private building to an apartment building.

To do this, the common premises in the house are rebuilt into separate apartments, after which they contact the administration with an application to transfer the house into an apartment building.

To transfer a private house to an apartment building, owners must:

1. Contact an architectural firm to create a project;
2. Approve the created project in the BTI and public utilities;
3. Hire a contracting company and carry out work to renovate the house;
4. Contact the administration to change the type of permitted land use of the site;
5. Write an application to the Town Planning Committee to transfer the house to an apartment building.

Employees of an architectural firm create a project, according to which contractors make entrances to apartments inside the house and perform other work.

Private houses are located on plots intended for individual housing construction, so it is necessary to change their additional type of permitted land use to “Land for low-rise construction”.

This transfer occurs through public hearings in the administration. As arguments, the owners of the house cite the need to divide the house into separate apartments.

After changing the purpose of the site under the house, the owners again contact the administration with a statement outlining the need to transfer a private house to an apartment building on the basis of:

• The actual condition of the house;
• Changed purpose of the site.

The application is considered for 30 days, after a positive response, the owners receive new technical passports from the BTI, and on their basis they register ownership of the apartments in Rosreestr.

Queue for housing after divorce

The spouse, with whom minor children remain to live after the divorce, has the right to demand in court that his right to live with the children in the apartment be established until other housing is found.

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At first glance, the approach is absolutely fair. Marriage is a union of two capable adults who have consciously agreed to build their own “unit of society” on certain principles. This means that all the results of joint creative work should be divided equally after the breakup of the family.

During reconstruction

Reconstruction means changing the architectural appearance of a building by changing the facade, location of entrance doors and other elements.

If it is necessary to divide a house during its reconstruction, then the work plan must be drawn up in accordance with the size of the shares into which the building needs to be divided.

To divide a house for reconstruction, the following actions will be required:

1. Drawing up a reconstruction project in a planning office;
2. Coordination of the reconstruction project with each building owner;
3. Approval of the project in BTI;
4. Making necessary changes to the project;
5. Concluding contracts with contractors and carrying out work;
6. Registration of new property rights.

It is better to assign the project approval stage not after the project has been submitted by the office staff, but at the stage of its development, so that you do not have to apply again.

Approval of the project by the BTI is the final stage of approval, at which planned changes in the design of the house are approved by utility services.

The services evaluate the safety of the planned reconstruction for water, gas and electrical communications; without their positive conclusion, reconstruction work is prohibited.

After completion of all work, the project is accepted by the construction organization. To draw up a new technical passport for each building, employees of the BTI engineering service make measurements and the necessary calculations.

The final stage is entering information into the unified real estate register about new parameters of buildings and their owners.

The division of a house into shares occurs at the initiative of the owners of such shares by separating them from the common property. The division of a private house into shares or separate apartments occurs with the mandatory participation of construction specialists and representatives of government engineering services.

Russian legislation allows the division of a private house into two or more owners. Such division is possible both on the basis of a settlement agreement and through the court, having sufficient grounds for this.

Household ownership cannot be officially divided, sold, or donated if it is considered dilapidated and dangerous for habitation.

How to get timber to build a house for a young family

So, for the construction of a residential building you can get up to 100 cubic meters. m of wood. Outbuildings require another 50 cubic meters. m. For major repairs and reconstruction of a private house - 30 cubic meters. m. For the repair of an apartment wooden building - 25 cubic meters. m. The cost of the material is calculated based on the tariff of 170 rubles. for one cubic m. In total, everyone can buy in the forestry.

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2. In places of traditional residence and economic activity of persons belonging to the indigenous peoples of the North, Siberia and the Far East of the Russian Federation and leading a traditional way of life, these persons have the right to freely harvest wood for their own needs based on the standards established in accordance with part 5 of this article.

What is a real division of a house in kind?

Features of shared ownership

A share in a private house may arise in the following cases:

• inheritance of home ownership together with other persons;
• buying part of a house;
• division of home ownership by mutual agreement of the parties;
• based on a court decision.

The common ownership of real estate can be equal in area or delimited according to the technical plan of the house. It should be remembered that ownership of any property implies not only the ability to dispose of it at your own discretion, but also responsibility for its maintenance.

Any expenses associated with real estate are divided according to shares and paid by each of the owners.

Limitations and features of shared ownership:

1. The owner of the share can sell his part of the home ownership, but only if the other owners refuse a joint transaction for the sale of the entire property and do not apply for the redemption of the share put up for sale. In order to avoid legal disputes in the future, it is necessary to notify your co-owners in writing several weeks before concluding a purchase and sale transaction with a third party and receive a written negative response from them. It is advisable to send a valuable letter so that if there is no response from the co-owner, you will have confirmation of his notification.
2. A share in a private home can be rented out to third parties on the basis of a lease agreement only if there is written permission from the other owners of the common property.
3. Replacement of general communications, roofing and other construction work that affects the quality of life of each owner can be carried out only after the unanimous recognition of each owner’s share of their relevance.
4. Since 2020, all transactions for the sale or donation of a share of private home ownership must be registered with a notary.

Procedure and rules for dividing a private house into shares

Once the possibility of dividing private home ownership into shares has been confirmed by representatives of the administration, you can begin collecting documents. The following list of documents is provided to the cadastral chamber:

• a copy of the pages of the passport containing information (a copy of the passport of the current owner of the house, as well as those who apply for a share);
• cadastral passport for the plot of land under the house;
• documents confirming the fact of ownership of the house and land;
• technical passport for home ownership;
• documents confirming the right of each applicant to a share of property;
• court decision (if any).

Once all issues with the City Administration have been resolved and the boundary plan is in hand, you can begin collecting documents for submission to the MFC. The following documents will be needed:

• a copy of the applicant’s passport (pages with information);
• a signed application according to the sample provided to the MFC;
• boundary plan in the original;
• permission from the Administration to divide a house and land plot into separate property objects and assign a separate address to each object.

Division of a house without going to court

If the division of a private house occurs by common consent of all parties, then a Settlement Agreement , which will be the basis for further actions. In this case, a representative of all interested parties contacts the Administration with a Settlement Agreement, a Cadastral Plan of the Land Plot and a Technical Data Sheet for the building.

Based on these documents, the Administration must issue either permission to divide the house or a refusal.

Division of a house through court

If the parties were unable to reach a common agreement, then the situation can be resolved through the court. For this purpose, the plaintiff prepares an application in two copies. One copy of the application is sent to the court, the other is sent by registered mail to the defendant.

Along with the application, the plaintiff must provide:

• documents confirming the carrying out of appraisal work on the property and establishing its market value;
• documents confirming the plaintiff’s right to claim part of the share;
• a paid receipt for all necessary duties.

Compilation rules

The agreement on the division of the house is written in any form in compliance with the rules of office work. It is advisable to contact a professional lawyer to draw up the document.

The text must contain the following information:

• Date of preparation;
• place of compilation;
• information about the participating parties (full name, identity card details, date and place of birth, registration and residence address);
• civil status of the parties, i.e. whether they are married, with reference to the marriage registration certificate or divorce certificate;
• information about the divisible object. It must be complete (address, number of rooms and floors, total and living area, information about the land plot on which the house is built). This paragraph requires references to all technical documentation regarding the building and land;
• a new procedure for distributing shares in a house with reference to the technical plan;
• signatures of the parties with transcripts.

The agreement must be certified by a notary. Without it, Rosreestr will not register property rights. When contacting a notary, you must submit the following documents:

• identification documents of the parties;
• marriage/divorce certificate;
• cadastral and technical plans of the house;
• documents confirming ownership of the real estate.

You will need to pay a fee for notary services. Its size is calculated according to the standards set out in Art. 333.24 Tax Code of the Russian Federation.