Section of home ownership in kind - 148 tips from lawyers and lawyers

The legal topic is very complex, but in this article we will try to answer the question “Allocate a share in kind in a private house in 2020.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

In the event that there are disputes around the apartment and no one wants to give up, which is why there is practically no chance of selling the share through the right of first refusal, the owner, who wants to receive money in exchange for the share, has the right to demand its allocation. The law stipulates that the allocation is made in kind - that is, the allocated person must receive clearly defined square meters in the apartment.

Allocation of a share in a private house in kind in 2020

In this case, the procedure for allocating a share in kind is practiced. In 2020, such a procedure will be possible both pre-trial and through the court. There are a number of features that characterize this procedure. All of these need to be dealt with first. The legislation defines the issue of allocating a share in a residential building in kind in sufficient detail.

An example of highlighting a natural share

Preparation of technical documentation is necessary to make changes to the cadastral registration information; it is with the help of the technical plan that it will be possible to obtain a cadastral passport for the allocated premises.

Co-owners of a shared apartment cannot live together in the same area without conflicts. Often a similar situation arises if one of the cohabitants has bad habits.
Housing is in common ownership of a certain number of people who are strangers to each other. It also happens that forced neighbors sometimes exchange malicious actions.
Co-owners wish to independently manage their own property.
The owner prefers to sell his share by receiving a certain amount of money for it from other co-owners or, alternatively, by selling it to a third party.

Allocation of a share in a residential building by mutual agreement of the parties

If agreement is reached between all owners, it is possible to divide the property into equal shares between them.

agreements on the real division of a residential building by shares for free in word format

In this case, the algorithm of actions will be as follows:

the first step is to determine what part will be allocated to each,
if there is no registration certificate for the property, then you will need to order it from the BTI department,
redevelop a residential property to form an isolated premises, which can later be registered as a share. At this stage, a number of approvals will be required, but if the share has already been allocated, then it is skipped,
After the redevelopment, technical documentation (passport) for the isolated premises is drawn up. The latter is carried out within the framework of a contractual relationship with a cadastral engineer who has a valid license to perform such work. Today such an agreement can be concluded electronically. But it is sealed with an electronic signature,
at the next stage, a written agreement on the allocation of a share in kind is concluded with all owners of the property. Here, a rather difficult point is determining the cost of the premises; in rare cases, it is possible to come to an agreement on the proportionality of the share. In this case, the amount of compensation is agreed upon, which is necessarily stated in the agreement. Copies of the agreement must correspond to the number of owners, each of whom is personally signed by them. No notarization is required. Another copy, signed by all owners, is left for the registration authority.
the agreement concluded between the owners is best certified by a notary,
After a partition, several new ones appear in place of the old object. They need to be registered with the registry office.

A person who has become the owner of an allocated share in kind in a residential building is obliged to register it with the cadastral chamber and formalize ownership of it.

The remaining owners should write statements to Rosreestr stating that it is necessary to make changes to the property record.

ATTENTION! Look at the completed sample agreement on the real division of a residential building by shares:

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Allocation of a share in an apartment in kind: the practice of court decisions

Alternatively, the allocation of a share can be accomplished through the conclusion of a special agreement between the owners of common real estate. If any of the owners refuses to provide their consent, the co-owner intending to receive a personal share has the right to resolve this issue through the court. Meanwhile, experts recommend that such co-owners assess the current situation realistically.

How shares are allocated: features of the procedure

If, for example, we are talking about the division of small-sized housing in an apartment building, then, most likely, the creation of a new full-fledged mini-apartment within its framework will be very problematic. In such circumstances, the court is likely to order financial payment to the applicant of the monetary equivalent of his share by the other owners. As a result, the plaintiff will lose the right to the disputed apartment, and the shares of the other co-owners will increase adequately.

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The last stage is registration of a share of the house in ownership. To do this, you need to contact the Rosreestr authorities and submit the following documents:

Statement from each owner.
Title documents for housing.
An agreement on the allocation of a share in kind or a court decision that has entered into force.
Applicants' passports.
A notarized power of attorney, if the documents are not submitted by the owner.

If a compromise cannot be reached, the parties go to court. After considering the case, one of the following decisions may be made:

The plaintiff agrees to withdraw the claim for the allocation of a share in kind in exchange for material compensation. His ownership right after receiving the money is lost;
The plaintiff does not want compensation, but his share is insignificant. The court compulsorily obliges him to accept the cash equivalent of part of the property;
the first owner does not agree to compensation and there is no evidence that the plaintiff’s share is insignificant. Ownership of a part of the object does not cease.

Registration of changes in ownership rights with Rosreestr authorities

When filing a claim for the allocation of a share of a land plot and a house, in addition to information about the residential premises, the plaintiff must provide information about the territory on which the object is located (cadastral number, intended purpose of the plot, and so on). Additionally, papers are attached to the ground.

When resolving an issue by a court, the court almost without fail orders a judicial construction and technical examination. This examination is usually entrusted by the court to any third-party (not specified by the parties) expert organization or to a specific expert. The expert is responsible for the reliability of his conclusion.

Hello, in this article we will try to answer the question “Allocation of a share in kind in a private house: registration conditions and cost of the procedure in 2020.” You can also consult with lawyers online for free directly on the website.

Real division of home ownership (allocation of shares)

Both described options often become the subject of controversy between citizens who have joint or shared property. Shared ownership can be the result of free will or result from inheritance of property.

Ordinary citizens still do not understand the differences between the two formulations: “shared ownership” and “allocated share.” But the difference is significant; in the first case, the owner cannot dispose of the property at his own discretion; any actions will have to be coordinated. Therefore, allocating a share in an apartment in kind is an important legal process. After its completion, the owner will be able to independently dispose of his part of the property.

Features of shared ownership

To own property means to be able to use it for one’s own purposes, for example, to sell, give as gifts and perform other operations.

The right to own property can arise for various reasons. A prerequisite for this is the registration of property with the Companies House .

Shared property is movable and immovable objects for which ownership can be registered simultaneously with several individuals. All owners have the right to dispose of their shares at their own discretion.

According to the legislation of the Russian Federation, real estate can belong to several citizens at the same time. This right is called common property.

Regardless of the size of the share, all owners of residential space have equal rights when alienating real estate. Consequently, each owner has the right to use his share at his own discretion.

Primary requirements:

Property can be owned by several individuals at the same time. The size of each share must be established legally. If the property was received by testamentary disposition, then the document records the size of the share of each heir. By default, shares are distributed equally.
Selling, renting out and performing other operations with a residential property is permitted only with the consent of all owners.
If the property is used for the purpose of making a profit (for example, a cafe is opened), then the proceeds must be divided in equal shares between all owners.
The priority right to purchase the share of one owner is vested first of all in other co-owners, and only then in other applicants.

Attention: disputes must be resolved peacefully, formalizing an agreement is allowed.
If it is not possible to reach an agreement, then controversial issues are resolved in court.

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Possible problems

Individuals who own one object often cannot reach mutual agreement. For this reason, partition is carried out through judicial proceedings .

To allocate a share, a specialist is invited to the site, who issues an opinion on the possibility of carrying out the operation.

Division is an operation to allocate the share of each individual who has ownership of the living space.

It is very important that after division the property is suitable for habitation. There should be a separate entrance, a room for a bathroom and a kitchen.

If one of the owners is unwilling to make any compromises and provided that his share is insignificant, the individual may be deprived of ownership rights. In this case, he will be paid a monetary reward.

Allocation of shares in a purchased apartment

There are several ways to allocate part of the common shared ownership in an apartment. Each of them is actively used in the lives of ordinary citizens, so let’s take a closer look at both options.

What does it mean to allocate a share in kind in an apartment and possible difficulties

It often becomes difficult to carry out such a procedure with an apartment, since it is impossible to fulfill all the listed requirements. Most often, allocation is possible if the apartment is located on the ground floor and has a significant living area. To do this, you need to coordinate the redevelopment and draw up technical documentation in the BTI.

• residential premises must be physically separated from other premises; • it must be suitable for habitation and comply with the technical and sanitary standards established in this case; • the premises must also belong to the category of immovable objects, that is, its movement to another place cannot be done without prejudice to its purpose; • physical separation of the premises from the rest of the house should not lead to a violation of the legal rights of other owners.

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But if there is an opportunity to physically separate a part of the house that belongs to you (allocation of a share of property in kind), then you should definitely take advantage of this opportunity. In this case, it will be possible to sell part of the house as an independent object.

Selling a share in a house in 2020

There are two types of property – divisible or indivisible. In the case of divisible objects, problems most often do not arise; they are distributed among citizens. The situation is different with indivisible objects, which undoubtedly is a house.

determination by the court of the order of use of living space and utility rooms (bathroom, kitchen, storage room);
determining the share of each party for concluding a marriage contract between spouses;
division of property of former spouses;
performing legally significant actions with property allocated in kind (donate, sell, bequeath) without the consent of other owners.

Procedure for allocating a share in kind from common shared property 2020: sample claim and agreement

If the disputed property costs no more than 50 thousand rubles, the magistrate’s court will be able to allocate a share to the personal property of citizens. If there are documents confirming a high price, the proceedings will take place in the district court.

What can you do with the allocated share?

A property may be jointly owned by several citizens at the same time. Any of the owners may demand from the remaining co-owners the allocation of a share in kind in court. This means that the plaintiff will be assigned one of the rooms. The part allocated in kind must be independent from the rest of the home.

Signatures of the parties to the agreement with transcript. Please note that in order to become the owner of a share under an agreement, it must be registered in the register of individuals, and only from the moment of registration it comes into legal force. If an agreement on determining the shares has not been signed, then they are considered equal.

The division in this case involves the allocation of an isolated room for one or several owners with the right to a common living area, for example, in a multi-room apartment, one of the residents is allocated a room. But there is also common joint property: bathroom, kitchen, hallway.

Section on shares of communal apartment

For these purposes, it is necessary to distinguish between the division of common property and the allocation of a share from this property. Regarding the allocation, it is assumed that there will be no termination of the common ownership rights of other co-owners.

A share is a certain amount of square meters assigned to the owner. This is in a sense an abstraction that exists only in documents. In order for it to become “tangible”, it must be allocated in kind: the allocated share in an apartment is the linking of square meters of the abstract part to a specific room (or rooms). After allocating this part, the owner has the right to fully occupy this premises as if it were his own.

House division

Many citizens believe that dividing a house is quite simple. However, in practice it turns out that most real estate is indivisible property. Therefore, distributing it between owners who have a conflict can be quite problematic. The law does not prohibit the division of a residential building.

However, it must be taken into account that along with it the distribution of the land plot, as well as the outbuildings located on it, is carried out. Today there are several ways to divide real estate.

We will talk further about how to draw up a settlement agreement, the specifics of dividing real estate, as well as how to divide a two-apartment house into 2 premises that are independent from each other from a legal point of view.

Division of buildings through a peace agreement

If a real division of a residential building is being carried out, experts advise drawing up an agreement between the owners. It is the optimal option for real estate distribution. In this situation, the premises will not lose the status of an integral object and will simply be transferred to shared ownership.

From a legal and technical point of view, this method is the simplest. The division is carried out on the basis of an oral or written agreement. Experts advise giving preference to the second option. It will help avoid a number of problems in the future.

The agreement must be notarized.

How to divide houses into 2 separate buildings?

Dividing a house into 2 separate buildings is the so-called allocation of a share in kind. The essence of the method is to provide each of the owners of the premises with an isolated living space suitable for living.

The method is often used when the building has two owners. The advantage of the method is that a citizen will be able to sell his part of the property without obtaining the consent of the other owner. However, it must be borne in mind that the method is not suitable for dividing single-family houses.

In this situation, you will need to look for other solutions.

In order for a share to be allocated in kind, the following conditions must be met:

each owner has his own separate entrance to the premises;
The division of the land plot is also mandatory;
living quarters are completely isolated from each other;
the part of the property provided is suitable for habitation.

If the building is in disrepair or is declared unfit for habitation, allocation in kind will be impossible. A similar rule applies even if the owners of the house go to court.

When dividing one building into two parts, it is recommended to draw up a peace agreement. The allocation of a share in a home is made in kind; this will require additional paperwork.

For the procedure to be carried out, you will need:

Make changes to the technical plan of the house, legalize the redevelopment. If a share is allocated in kind, action is almost always required.
A complete package of documents is prepared for each part of the building. In particular, it is necessary to issue a cadastral and technical passport of the premises. The division of a land plot is carried out using land surveying. An appropriate document must be issued to confirm the procedure. All outbuildings located on the site must also be registered with the state.
A written agreement is drawn up between the owners. If the owners of the premises decide to divide it unequally, compensation must be agreed upon.
The completed package of documents is transferred to Rosreestr. Here the papers will be checked for compliance with the requirements. If the implementation of the process does not contradict current legislation, after 2 weeks each of the owners will receive the right to part of the house and the adjacent territory.

If it is impossible to regulate the peace process, separation in kind occurs through the court. Any owner of the premises has the right to file a claim. The option is quite troublesome. It requires a lot of money. A technical plan for dividing the house will need to be attached to the statement of claim.

If the document is missing, an independent examination will be scheduled. With its help, options for dividing property will be identified. The costs of the examination will be borne by the plaintiff.

If the expert is negligent in his duties, the parties may receive a conclusion that it is impossible to divide the house in kind.

In this situation, there will be no basis for further legal proceedings.

Division of a semi-detached building into 2 houses

In practice, a citizen may be faced with a situation where it is necessary to divide a two-flat house. Initially the situation seems simple. Each of the premises is suitable for separate living. However, when submitting documents to Rosreestr, owners may be refused registration of property rights.

The reason for the decision is the fact that the house is located on land that has the status of individual housing construction. In this situation, it will be necessary to re-register the property into common shared ownership. Each of the two owners will receive 1/2 share in a private house. This will confirm the intended use of the site. The building will no longer be an apartment building.

Then you will need to prepare a package of documents and write an application for the allocation of a share in kind.

If the building was built after 2006, you will need to provide a certificate of commissioning of the building. To do this, a commission must be appointed that will determine the fire and sanitary condition of the house, as well as violations that may have occurred during the construction process. It will not be possible to complete the registration procedure with Rosreestr until all violations are eliminated.

If the building falls under the law on dacha amnesty, the provision of a certificate of commissioning of the building is not required. To divide a house with a minimum number of problems, you can use the services of a qualified lawyer. A specialist will help you figure out how to act in each specific situation.

How to allocate a share in an apartment: step-by-step instructions

By definition, if everyone is allocated a strictly defined part (for example, half or a third), then the property is called shared ownership. If this is not indicated - joint. But in part 3 of the mentioned article there is a clause: joint property is established only by law. Equity is usually preferred. In the extract from the Unified State Register (or in already outdated certificates), the size of the share is indicated in the form of an ordinary fraction for each of the owners.

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What it is

First of all, it is necessary to confirm the right of ownership in general. These documents are a purchase and sale agreement executed in the name of two spouses, a certificate of inheritance, etc.
Next, attach the registered agreement or court decision establishing the size of the property. If it is decided to divide the property equally, we skip this step.

Allocation of a share in a private house in kind in 2020

Often this is the only way to stop conflicts between co-owners and resolve property disputes legally. The allocation of a share in kind in a residential building involves the separation of a certain part of the property from the whole. Several independent premises are being created. The process is carried out in two ways - voluntarily with the signing of an agreement, or through judicial proceedings. The process of allocating a share must be carried out legally, in accordance with current regulations.

An example of highlighting a natural share

Currently, a residential building provides for the presence of only one living space (apartment). If a residential building contains several residential premises (apartments), then the house takes on the status of an apartment building.

The owners can agree among themselves and sign an agreement on the allocation of each part of the housing in kind. Before formalizing the agreement, the family contacts an independent appraiser. Based on the obtained expertise, all participating parties calculate the cost of the allocated share. If it is not possible to allocate a part in reality, then the person who wishes to live separately, with his consent, the remaining owners:

Some property can be divided in kind, separating a part from the whole property that its owner can subsequently use. To do this, a claim must be filed in court for the allocation of a share in kind.

Statement of claim for the allocation of a share in kind in 2020

If necessary, remodel or remodel to create an isolated living space that will stand out. For reconstruction and redevelopment it is necessary to obtain the necessary permits and approvals.

Taking into account the above, we will try to determine what is meant by the share of a residential building. According to the provisions of Chapter 16 of the Civil Code of the Russian Federation, the definition of shares relates to the institution of property, in particular Art. 244 of the Civil Code of the Russian Federation distinguishes the concept of shared ownership, when property is in common ownership of several persons, but with the definition of shares.

Donating 1/2 share of a house is also possible when we are talking about two owners of this property. As a rule, we can also talk about common joint property of spouses when one of them wants to donate his part to another person. In this case, it is more expedient to either allocate your share from the common property (Article 252 of the Civil Code of the Russian Federation) or obtain the notarized consent of the second spouse to complete such a transaction.

Allocation of a share of the house in kind by agreement of the parties

When there are no disagreements between the owners and they can resolve all issues regarding their common property independently, there is no need to resort to the help of the court. Otherwise, in order to resolve issues regarding the allocation of each owner’s share in the common property, they resort to legal proceedings.

In order to correctly allocate the share of each owner in the common property, it is worth following certain points.

Point 1. Register the residential premises with which you plan to carry out the procedure for allocating a share.

Start by getting permission to carry out the redevelopment. If you want to further allocate your share in the common property, first create your own isolated room.

When you have succeeded in doing this and the isolated room is ready for use, you can proceed according to point 2.

Point 2. Contact the BTI with a request to draw up a technical passport of the residential premises.

Specialists of this organization, when creating a technical passport, must make all changes there.

The creation of a technical passport is carried out by BTI specialists from the area where the house is registered.

Point 3. Agree with other owners of common property to allocate your share in the common property in kind.

Is it possible to sell a share in an apartment without the consent of other owners?

Read about the procedure for dividing a house in kind here.

How to divide an apartment after a divorce, read the link:

If we talk about what the cost of the allocated premises should be, we need to consider this according to a certain formula. The cost of the allocated premises must correspond to the allocated share. For example, if the common property is valued at one million rubles, and you own a quarter of it, the cost of the allocated premises or premises should be 250,000 rubles.

Unfortunately, it is almost impossible to divide real estate strictly into shares so that their value corresponds to the calculations. Therefore, some owners have to make up the difference:

owners whose allocated premises have a value less than the allocated share in ownership are paid compensation by the remaining owners;
owners, if their allocated share is less in value than required by law, the owner who allocated his premises will compensate for the missing amount.

Under what conditions and within what time frame compensation is paid is specified in the agreement on the allocation of shares.

This agreement must be drawn up in compliance with the rights and interests of all owners. All owners of their share in the common property must sign this agreement. There is no point in contacting a notary in this situation.

Point 4. Register all changes in ownership rights.

To complete this procedure, contact Rossreestr.

You need to submit the following documents to the Federal Service:

applications from all owners requesting registration. The owner who allocated his part from the common property must register this part. And those owners who did not allocate their share must register changes in ownership of the house;
documents confirming the ownership rights of all owners to the house;
an agreement signed by all owners on the allocation of a share in the common property. There must be as many copies of this agreement as there are owners, and one more copy submitted upon registration;
technical passport of the house, compiled by specialists from the technical inventory bureau;
owner passports;
a power of attorney issued to a representative, certified by a notary.

In order to register changes in property rights, it is not necessary to go directly to the relevant organization. Documents and an application can be sent by mail, in electronic format or through special centers (Articles 16, 17 of Law No. 122-FZ).

When registering property rights, payment of a state fee is required. The applicant is not required to provide a receipt for payment of the state duty. He can do this at his own discretion (clause 4 of article 16 of Law No. 122-FZ).

Information on payment of state duty can be found in the State Information System on payments made to the state or municipality. If such information about your payment is not found and you have not submitted a payment receipt along with the application and documents, your documents will not be considered (clause 4 of Article 16 of Law No. 122-FZ).

The procedure for reviewing the application and documents lasts no more than ten days. After this period, the registration authority issues a new certificate of ownership. The owner who has allocated his share of the common property is issued a certificate for part of the house. The letters are indicated on the certificate. The remaining owners receive a certificate for the house, which includes changes in their share in the common property.

Attention! Since January 1, 2015, Rosreestr began issuing a certificate of registration of ownership rights in the form of a paper document. The official letterhead depicts the State Emblem of Russia. Each form has its own registration number. There are no degrees of protection provided on this form.