Inheritance for two in equal shares

The concept of shared ownership

When indivisible property goes to several owners at once, and its parts are not clearly distinguished, then the apartment is considered to be in shared ownership. This status is assigned to her when the inheritance is opened. This procedure is established by the Civil Code of the Russian Federation (Article 1164).

Article 244 of this federal law indicates that it is possible to establish shared ownership in an apartment. Its owners can do this by agreement or through court if agreement has not been reached.

Residential property is divided only officially - it is physically impossible to do this. A share is an allocated portion of the inheritance, expressed mathematically.

According to Article 1152 of the Civil Code of the Russian Federation, officially accepted property passes to the heir from the day of the death of the testator, and it does not matter when it was actually accepted or the right was registered.

When the inheritance is opened, the successors have the right of common ownership. Legal separation of parts is not necessary - the property can be used jointly.

Shares of inheritance. Calculation. Calculator

The situation is indeed not entirely simple, which requires not so much knowledge in the field of law as worldly wisdom. From a legal point of view, you can try to declare him incompetent and appoint guardianship. But this is a very serious step, because... will require care and constant monitoring. In the event of a fire and other troubles (neighbors flooding, etc.), your liability is indeed possible. You can go to court and appoint you as a trustee with an appeal to the children for alimony. But all these steps require moral determination.

As can be seen from the appeal, today the house is in the common shared ownership of your spouse and his sister.

Now, according to documents, it has two owners. But only my husband’s sister really runs it. She lives there permanently, and we come on weekends. While my mother-in-law was alive, she restrained her daughter and we somehow communicated. But when my mother-in-law died, as I expected, my husband's sister showed her true colors. By means of an agreement, the obligatory marital share can be allocated. The text and form are not specified in the legislation. In essence, these are agreements between family members on the distribution of the testator’s property set out on paper.

Mandatory inheritance share

If real estate is bequeathed to one person, this does not exclude the formation of common property among several recipients. This is possible if there is a right of compulsory share. This is reflected by the Civil Code of the Russian Federation (Article 1149).

Part of the property due to a person upon inheritance by law is considered obligatory. Its size is at least 50% of the legal share that can be claimed. The following persons have this right:

• the child is disabled or under 18 years of age;
• disabled spouse or parent;
• disabled dependent.

To satisfy the right to the obligatory part, the untested part of the property is used. If it is insufficient, they turn to part of the bequeathed property. The law allows that when shares are distributed by inheritance, the rights of the remaining (legal) successors may be reduced.

The size of the mandatory part may change, and sometimes it is not awarded at all. This is possible when the legal successor under the will lived in the apartment (house), and the legal holder of the obligatory share did not use the housing.

Husband's (wife's) inheritance share

The owner of the property has the right to register an inheritance for the part that belongs to him. When real estate is acquired during a legal marriage, one half is owned by the spouse.

According to the Family Code of the Russian Federation (Article 39), spouses have equal shares of the housing they acquired during marriage. Another option is possible if this is reflected in the marriage contract.

When one of the spouses dies, his heirs are entitled only to his half of the home. The second spouse also has the right of inheritance, and he is a co-owner, which gives him an advantage when dividing the property. He can register an inheritance according to the law and, according to the order of inheritance of the share, receive the following status:

• first line of inheritance (legal order);
• heir under a will;
• applicant for a mandatory share (there must be reasons).

The concept of a marital share in inheritance according to law and will

The portion of property that is due to one spouse upon the death of the other will be considered the marital share. The surviving spouse will be allocated exactly half of the existing joint property.
The remaining half will be divided among the heirs (including the remaining spouse) according to the law. The spouse's part cannot be included in the inheritance, even if a will has been drawn up.

Only the surviving spouse can refuse it in writing. The allocation of the marital share is his right.

Mandatory share

Mandatory (necessary) heirs subject to inheritance have the right to inherit (regardless of the last will) of at least half of the heir's share by law.

The allocation of a mandatory share in the inheritance protects the rights of the heirs of the first priority (necessary heirs) and is implemented regardless of the drawing up of the will.

The right to an obligatory share comes into force if:

• under the will you receive significantly less than your share;
• all property, at the will of the deceased, passes to third parties;
• you have been completely disinherited.

After the death of a wife or husband

In accordance with Article 75 “On the Notary”, the surviving spouse has the right to contact the notary at the place where the inheritance was opened and submit an application for the allocation of a share from the joint property. The joint material assets of the husband and wife are divided in half, and the personal property of the deceased is subject to inheritance.

Determining the size of shares

The size of the share depends on several factors:

• features of inheritance;
• other property transmitted by inheritance;
• status of obligatory heir;
• right of representation (inheritance in place of a deceased successor).

By default, all heirs have equal shares. This option is ideal, but not always possible.

By agreement

Housing inherited by several persons, which is considered common shared property, can be divided peacefully. It is carried out by completing a civil transaction. This option is completely legal.

The agreement allows for the division of property by the heirs into equal or unequal parts. This option is legal when each successor agrees with the decision. It is important that the interests of incapacitated or under 18 relatives be respected.

Heirs' property rights must be registered. The basis is an agreement. Its conclusion is possible even after receiving a certificate of inheritance. If information from these sources differs, then when drawing up a certificate of ownership, the fundamental document for Rosreestr employees is the agreement.

By court

If the successors were unable to come to an amicable agreement or missed the deadline for contacting a notary, then the parts of the inherited real estate must be determined in court. You need to contact the district authority at the location of the disputed housing.

In fact, the housing is not divided, therefore significant differences in the size of the shares are possible. According to the Civil Code of the Russian Federation (Article 1168), if the inheritance includes other property, then the entire apartment (house) can be received by one successor. The rest will be content with those other possessions. This option is ensured by the right of advantage, which arises if:

• the successor and testator had the right to common property, and part of it is included in the estate;
• the inherited property was constantly used by the heir;
• the successor lived in the inherited real estate, he does not own any other housing, and other heirs are not the owners of the inherited apartment (house).

The decision made by the court is registered in the Rosreestr for the region. It becomes the fundamental document and a replacement for the certificate of inheritance.

Attention! The court may rule that a previously issued certificate becomes invalid (cancelled). Then, in return, the issuance of a document is required, which will reflect the distribution of shares established by the court.

How to divide an inheritance if it is a one-room apartment

— Shall we divide the apartment fairly or by shares?

My brother and I inherited a one-room apartment, but he refuses to share it, and I cannot sell my part. What can I do to dispose of such property? How are shares determined in inheritance?

Natalia.

The shares of the heirs are determined by the notary when issuing a certificate of inheritance.

If there was no will (the testator could establish shares in it at his discretion), then you and your brother, as heirs of the same line, receive the property in equal shares. Thus, everyone is entitled to one second share in the ownership of the apartment.

As for the division of inherited property and the allocation of a share in kind, in your case this is impossible, since a one-room apartment is an indivisible object. In such a situation, so that each of the heirs can dispose of their share in the right to real estate, the following main options are possible:

1. Conclusion of an agreement on the procedure for using common property (based on clause 1 of Article 247 of the Civil Code of the Russian Federation).

Such a document can be drawn up in simple written form and, if desired, certified by a notary.

! Please note: if you apply for a certificate to a notary’s office, you can ask that a draft agreement be drawn up for you here, and the notary is also obliged to explain the rights and obligations of participants in shared ownership when owning and using common property.

The agreement could, for example, agree that you and your brother will live in the apartment separately for certain periods of time - alternately or otherwise. Or you can, say, rent out your home and split the income in half.

2. Receiving compensation corresponding to the share in the ownership of the apartment.

In this case, you agree that one of you becomes the sole owner of the apartment and reimburses the other for the cost of his share in money or other property. If you cannot reach an agreement, then you have the right to demand payment of the value of your share from your brother in court on the basis of Art. 252 of the Civil Code.

3. Sale of a share in the ownership of an apartment.

According to the law (clause 2 of Article 246 of the Civil Code of the Russian Federation), a participant in shared ownership has the right, at his own discretion, to sell, donate or otherwise dispose of his share. Moreover, the allocation of a share in kind for such transactions is not required. But you must comply with the preemptive right of purchase of the remaining participants in shared ownership: you will need to notify your brother in writing of your intention to sell the share and wait for his reaction within a month. If he does not declare his readiness to buy your share at the price you specified or remains silent at all, then you can safely sell the share to any person.

What happens to shared property during a divorce?

My husband and I have a one-room apartment, purchased during marriage. The property is registered for three people: me, a child and a husband. We are now divorced. How much can a husband demand? What are the property rights of a child? How will the apartment be valued upon division?

Oksana.

As a general rule, if the shares of participants in shared ownership are not established by their agreement, then they are considered equal (clause 1 of Article 245 of the Civil Code of the Russian Federation). Thus, you, your ex-husband and child each own one-third share in the ownership of the apartment (the property rights of the child are determined in accordance with Article 60 of the Family Code of the Russian Federation).

If during the divorce the court left the child with you, then you are his legal representative and have the right to make transactions with the child’s property, including disposing of his share in the ownership of the apartment. It should be taken into account that for transactions on the alienation of property, including the sale of a share, as well as for the allocation of a share, the consent of the guardianship authorities will be required.

At the same time, it should be borne in mind that the division of a one-room apartment is impossible, and therefore a person who wishes to allocate his share has the right to demand from the remaining co-owners payment of the cost of such a share (Article 252 of the Civil Code of the Russian Federation).

So your spouse can claim monetary compensation corresponding to the value of one-third share in the ownership of the apartment. Housing is assessed at market value.

Procedure for registering shared ownership

Registration of a share of an apartment in ownership after the death of the testator is possible after the opening of the inheritance. To contact a notary, 6 months are allocated from the day he died (was recognized as such). The timing and other aspects of accepting an inheritance are considered by the Civil Code of the Russian Federation (Article 1154).

To contact a notary and register a share in the ownership of an apartment, you need to have the following documents:

• death certificate of the testator;
• will, if any;
• an extract from the testator’s last place of residence;
• title documentation;
• An extract from the register of property rights may be required.

The opportunity for heirs to receive a certificate of inheritance rights occurs when six months have passed from the date of its opening. This period is necessary to ensure that each successor has time to declare his rights. Changing the deadlines is possible if:

• the court decided to suspend the issuance of the document;
• there is a conceived but not yet born successor;
• there are no other heirs.

Reference! The document can be issued to each successor individually or one copy for all, and apply to all property or its shares. It is necessary to pay a notary fee. A fee will also need to be paid to register the certificate with Rosreestr.

Relinquishment of a share in an apartment, house

You can refuse your share of real estate. This must be done in writing. You can simply write a refusal without specifying specific persons or renounce the share in the apartment in favor of another successor. It does not matter whether the property is inherited by law or by will.

The refusal is given six months from the date of opening of the inheritance. The application must be submitted to a notary. This issue is reflected in the Civil Code of the Russian Federation (Article 1159).

You cannot refuse an obligatory share of inherited property or formalize a refusal in favor of an unworthy heir.

Attention! A minor or incapacitated heir may refuse the part due to him only if the body guarding him gives consent to this. In practice this rarely happens.

The Civil Code of the Russian Federation (Article 1161) indicates that if the heir refuses the part of the housing assigned to him, then other successors receive the right to it. It is divided in proportion to the shares they inherit, that is, they are incremented.