Division of a residential building: the law and its application

Buying a share of a house for registration can result in loss of money and lengthy legal disputes. It is important to read the documents carefully and, if in doubt, refuse the transaction.

Coming to Moscow or another city with the aim of getting a job and subsequently staying, many citizens want to register.
To achieve this goal, property owners are offered to purchase a share of the house for registration. Dear readers! The articles contain solutions to common problems. Our lawyers will help you find the answer to your personal question free of charge To solve your problem, call: You can also get a free consultation online.

Registration options

There are several ways to register in a particular city or region:

purchase an apartment/house and, after registering ownership, register in it;
conclude a rental agreement for an apartment/house and, if there is an agreement with the owners, obtain a residence permit (temporary or permanent);
conclude a social rental agreement for a municipal apartment and register in it (with the consent of the other registered residents, information about which is available in the house register);
obtain registration at the place of residence of a relative (provided that he is the owner of the property and gives his consent to this).

The methods listed above are official options provided for by current legislation that are available to everyone. At the same time, on the Internet and other media you can often find advertisements for the “sale” of registration, or even more suspicious offers, for example, the purchase of a share of a house for registration. Before responding to such proposals, you need to weigh the pros and cons.

Some have a room, some have a veranda

Citizens who have encountered a similar process at least once in their lives—the division of a once-shared home—correctly believe that this event looks uncomplicated only on paper. In reality, there are not just a lot of “pitfalls” in any division of common property, but a lot.

In our case, the Supreme Court dealt with one of the most common situations - when, over the years of marriage, their home has changed significantly compared to what it was at the very beginning. In our case, the husband started building the house. And over the years of marriage, the common housing gradually grew in height and width. As a result, it grew tenfold.

Then, the couple separated and decided to divide the house in which they lived together. And this matter has become very difficult not only for the former spouses, but also for the local courts. It turned out that although the house had greatly increased in size over the years of marriage, according to the title documents, it was listed as the same. The size and area is about a third of the existing real-time structure. The former spouses could not divide such a house themselves. We went to court. The first instance decided that when dividing the house, only official documents should be taken into account, judging by which the house for division turned out to be more than modest. Therefore, most of it should go to the husband.

The second instance - and this was the Supreme Court of Bashkiria - categorically disagreed with this decision. The appeal decided that it was necessary to simply divide in half between the husband and wife all the real estate that actually exists today. This decision, first of all, did not suit the ex-husband and was now challenged in the capital, in the Supreme Court of the Russian Federation.

This story of dividing a house began in Bashkiria. It has been there for a very long time - more than twenty years ago, a local resident bought a small house with an area of just over ten square meters. The man turned out to be a thrifty man, and, as they say, handy. Not much time passed, and he received permission from the local authorities to build a large and modern house on this site. The village authorities also provided the local resident with lifelong inheritable ownership of the land around the acquired property. So a year later the man built a new one on the site of a small, old house. This house was larger and better than the old one and was 18 square meters in size. A few years after construction, the owner got married. Years passed. All the land around the house was registered by him according to all the rules and, according to the documents, became the property of the husband.

But the house, judging by the executed papers, has increased in size to 67 square meters. m. But in fact, the house continued to grow over the years. And it so happened that the size of the house reached 169.3 square meters. m. Even an extension to it with a summer cafe became part of the house. But then the couple started having problems in their personal lives. The result is this: the spouses divorced quietly, without making material claims to each other. And only after some time they went to court to divide the building. An examination was ordered for the court. And the specialist concluded that the actual area of the house is 169.3 square meters. m, and the price of real estate during the marriage of the spouses increased by 1.2 million rubles. This is where the question arose - how to divide common real estate? On paper or in person? After all, the houses were very different.

The local court said that part of the house measuring 18 square meters. m refers to the personal property of the ex-spouse, just like the plot of land around it. Well, the ownership of the registered 67 sq. m. The court decided to divide it in proportion: 63/100 for the husband, and 37/100 for the wife. This division did not suit one of the parties and was challenged in the Supreme Court of the republic. There, after examining the case, the appeal agreed that this division of the property was incorrect. Therefore, the decision of the first instance was canceled and a new one was adopted.

It looked like this. The appeal decided simply - to divide in half between the parties to the legal dispute all actual real estate with an area of 169.3 square meters. m, including extension.

In support of this decision, the Supreme Court of the Republic of Bashkortostan referred to Article 37 of the Family Code of the Russian Federation. The court said that the property of each spouse can be considered their joint property if it has grown and significantly improved during the marriage.

But even with this division, the parties did not find a common language. The decision of the appeal was also challenged by the dissatisfied party.

When the case reached the Supreme Court of the Russian Federation, the Judicial Collegium for Civil Cases did not agree with the conclusions of the appeal. This is what the country's Supreme Court said after studying all the documents in the legal dispute over the division of the house.

First, the court distinguished “indivisible”. The country's Supreme Court said that part of the house measuring 18 square meters. m, the ex-husband personally built it before marriage, so it should not be shared. So this part of the house is considered his personal property.

Over the years of marriage, the couple's house gradually grew in both size and price. But - not according to papers

According to the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, in such cases it is necessary, first of all, to take into account the amount of personal funds that each spouse invested in improving assets. This is where the papers that not all citizens keep for years begin to “speak.” So it’s better not to throw away old checks, contracts, invoices, but to fold them. It is they who may have the last word in similar disputes.

The Supreme Court of the Russian Federation also emphasized that the parties to the case did not ask the judges to divide the extension to the house. But for some reason they began to divide it.

Taking into account the above circumstances, the high court canceled the appeal and sent the case back for a new trial.

Consequences of buying a share of a house for registration

The lack of basic knowledge about the registration procedure leads to the conclusion of dubious transactions and an increase in demand in the market for suspicious services. The first thing to remember is that transactions that are not provided for by law or that contradict it cannot be concluded, and if concluded, they can be appealed in court. Buying a share of a house for registration is initially a dubious undertaking, and homeowners do not strive to register everyone, but to get as much money as possible from them, although there is often no guarantee of registration.

A purchase and sale agreement for a share of an apartment/house must be drawn up with the owner, who has the right to sell it only with the consent of other owners, expressed in writing, or upon their refusal of the pre-emptive right to purchase. It can take a very long time to receive such documents, since shareholders may live far away or may not even leave their contact details. In the absence of their consent, the purchase of a share of the house (for registration) will be considered invalid.

To avoid the red tape associated with notifying other owners and obtaining their consent, an unscrupulous owner may propose to conclude a gift agreement. It is concluded by law on a gratuitous basis, that is, payment will be required informally, and, in the event of a conflict, it is not refundable. Such actions are usually motivated by the desire to register the maximum number of shareholders, but in practice it turns out differently.

As a rule, such a transaction is carried out for a very small share of housing and for a small fee, which leads to a violation of the social norm of living space, which is approximately 18 square meters. m per person (it varies in different regions). This will lead to the fact that it will be impossible to register a shareholder at the address of the apartment/house, and it will be impossible to return the paid amount.

Buying a share of a house for registration will provide an opportunity to obtain registration, but only if you follow the following rules:

enter into an agreement for the purchase and sale of a share, rather than a gift, which is practiced by some cunning owners (in this case, the subject of the agreement cannot indicate “purchase of a share of a house for registration”, otherwise the agreement can be considered imaginary);
check the availability of all documents (in particular, the consent of other owners or at least a notice of notification of their pre-emptive right to purchase a share, the consent of the seller’s spouse to sell the share);
before concluding a purchase and sale agreement, at least once independently check the information about the property by ordering an extract from the Unified State Register from Rosreestr, and from the passport office an extract from the house register;
buy a share that in meters is more than 18 sq. m., or better yet a separate room, even if there is no intention of living in it;
register in the new housing before making payment under the purchase and sale agreement.

Contents of the service when purchasing a country house on the secondary market:

legal examination of documents for the object, checking the legal purity of the object
development of an optimal transaction scheme from the point of view of reducing client risks
collection of documents to complete the transaction, if necessary
drawing up a preliminary or other agreement for the payment of an advance (deposit), payment documents
drawing up a purchase and sale agreement
negotiations with the counterparty and participation on the client’s side when concluding a transaction
support of settlements for the object, including in the bank, including the preparation of documents confirming mutual settlements between the parties to the transaction
checking and changing the lease agreement for a safe deposit box in the interests of the client, if the safe deposit box is in use
Submitting a package of documents for state registration together with the client or independently by proxy
obtaining state registration documents together with the client or independently by proxy
signing the object acceptance certificate

Contents of the service when purchasing a country house in a new building:

checking documentation for the facility, including the land plot on which the new building is being built
checking the legal status of the developer and the powers of the signatory of the contract on the part of the seller (developer)
checking the project declaration for the facility
approval of the terms of an agreement on shared participation in construction, investment, or other similar agreement
submission of an agreement for state registration and receipt of the agreement after its registration
acceptance of the object from the developer according to the act together with the client
submission of an object acceptance certificate for registration of the transfer of ownership and receipt of a document confirming state registration of the transfer of ownership

As part of this service, the search for an object is carried out by the buyer independently.
You can also contact AKIG Real Estate for real estate services in finding a country house. The specified content of services can be adjusted taking into account the specific circumstances of the provision of the service.

Why is this beneficial for you:

savings on real estate services
support of the transaction by an experienced lawyer who will help you not make mistakes in drawing up the contract and not become a victim of fraud
the best price offer (the cost of the service does not depend on the price of the property)
the ability to independently choose the list of required services (from legal advice to full turnkey transaction support)

How to divide a house and land into two owners

It is worth remembering that the issue of redevelopment is more a construction issue than a legal one. Therefore, before carrying out it, it is necessary, first of all, to consult an experienced construction specialist. It is these specialists who will be able to offer both the most optimal option for forming two isolated parts and determine the need to carry out work on redevelopment of the building.

This means that your share can be sold, donated, bequeathed, etc. without any restrictions. To put it simply, a share of a house can be disposed of in the same way as a whole house. The procedures for the sale and other alienation of shares are no different from similar procedures performed with entire objects. The only exception is the pre-emptive right of a co-owner to acquire a share, which is enshrined in Article 250 of the Civil Code of the Russian Federation.

We recommend reading: Where to Receive Compensation for Buying an Apartment

Division of a residential building in kind between the owners

But splitting the house into tiny shares is also unacceptable. A living space of less than eight square meters is considered a dangerous limit for a person, therefore it is established that the minimum area of any individual share during division is a room measuring 8.1 square meters.

each owner must have a separate entrance to his part of the house;
each part of the allocated property must be suitable for permanent residence;
all living quarters must be isolated;
division of a land plot is mandatory, but only if after the division the individual plots do not change the type of permitted use, otherwise the land will remain in joint ownership.

May 17, 2020 piterurist 115
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Share in the house

The purchase and sale must be carried out as competently as possible. If a share in a house is being sold, then even if the slightest conditions are not met, the contract may be declared invalid. That is why it is better to turn to professionals for help in this matter.

If all owners or spouses agree to the division of property, contact the department of urban planning and architecture. First of all, it will be necessary to provide documents that certify the title to the house, as well as an architectural design for dividing the house into shares in kind. It is worth noting that registration of a house share consists of several very important stages. After collecting all the documents, you will be issued a permit, according to which you can erect a permanent wall in the house and make a separate entrance. Thus, everyone will have their own share of the house. In order to register a separate right of ownership to receive a share, it is necessary to demarcate the common land plot, and also contact the BTI to draw up a separate cadastral and technical plan for each share. Then you need to obtain cadastral extracts and contact the FUGRTS. In the future, each owner will have a separate certificate of ownership, after which everyone can do whatever they want with their share: the share of a residential building can be sold, donated, or it can be exchanged or lived in it. Answering the question of how to register a share in a house, we note that a small house, if it has only one room, cannot be divided into parts. In this case, the court will make a decision on a percentage basis. We also note that, according to Article 252 of the Civil Code of the Russian Federation, each participant in shared ownership can allocate a share in a private house. At the same time, this issue can be resolved either by mutual agreement or through the court. Also, answering the question of how to allocate a share in a house, we note that in the case of an insignificant disputed share of the owner, you and other claimants to the property can pay compensation even without his consent. Do not forget that the privatization of the house share must also be carried out.

We recommend reading: Registration of an apartment for a minor child

We divide an apartment with maternal capital between family members: share sizes, prices, consequences

The explanations of the Supreme Court are easiest to understand using an example: a family of 4 people bought an apartment for 3.4 million, used maternity capital of 340 thousand. Each family member accounts for 85 thousand of this amount. To put it simply, each child will receive a share of this cost. The rest will be divided between the parents. Let’s carry out simple calculations and find that each child’s share will be 1/40 of the apartment, each parent’s share will be 19/40.

We recommend reading: Fitting a person into an apartment

So far, there is only one way out of such a situation - a person needs to openly run into trouble - demonstratively not give shares to children and it is advisable to notify the prosecutor’s office about this. Then she will probably get a court decision to return the maternity capital funds to the Pension Fund. A similar trial took place recently in Chelyabinsk. The woman did not allocate shares to the children, and the district court recovered from her in favor of the Pension Fund the amount of “unreasonably spent maternity capital funds.”