How to correctly draw up an agreement on determining shares

Why do you need to determine shares?

Common joint ownership of an apartment does not provide a clear idea of ​​what shares belong to the participants. If you look at the documents, you can only find out the composition of the owners, which in our case is not enough. It is necessary to determine the exact shares in percentage or other ratio.

Situations when it is necessary to determine shares in an apartment:

1. The active phase of the divorce process is the division of property between spouses.
2. The desire to decide on shares during marriage - for example, in the case of a desire to dispose of one’s share.
3. Opening an inheritance case and determining the shares of claimants to the property of the deceased.
4. Transfer of shares to minor children, including those conceived but not yet born.
5. Housing is purchased using maternal capital.

Co-owners can determine shares in one of three ways:

• enter into a voluntary agreement;
• to divide an apartment under a marriage contract - replacing joint ownership with common shared ownership;
• go to court for forced allocation of shares (see “Claim for allocation of shares in common joint property”).

The recommended method is to draw up an agreement and discuss all the terms of a future housing transaction.

Where to begin

The allocation of individual shares of property by voluntary consent begins with the fact that all participants in the process must draw up an agreement of the parties in writing. The document contains the following items:

• passport information of each participant;
• numbers and series of title documents;
• information about real estate registration from the Unified State Register of Real Estate;
• the size of the allocated parts of the common property (1/3, 1/4, etc.).

Attention! In case of voluntary division of property, the owner himself decides which part to give to relatives who do not have a priority right to this property. Transactions with property are permissible only if it is not pledged or seized by the bailiff service.

The agreement on determining shares in joint ownership is certified by a notary. Then the information must be submitted to Rosreestr with mandatory recording of all changes. This can be done in several ways:

• directly on the official website;
• through the portal “State Services”;
• using MFC.

If there is a need to divide the living space into autonomous parts with subsequent separate ownership, then it is necessary to invite a BTI employee and consult whether the task is feasible. If it is actually impossible to divide the apartment in such a way that each applicant has a residential part and access to common areas, then it is advisable to decide on the method of compensation and the amount of costs.

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Russian legislation regulates two types of housing ownership. These include:

1. Share. The property is divided among the participants in percentage terms.
2. Joint. There is no division into parts, all participants are 100% owners.

The law allows you to change the legal status of housing, from shared to shared. This requires the desire of the owners. Separation occurs through an agreement. If one of the owners refuses to allocate shares, then the procedure is carried out through the court.

General concepts

An agreement on the division of shares is understood as a document necessary to change the form of ownership from joint to shared.

In most cases, joint property arises during marriage, when spouses purchase housing together and have identical rights and identical responsibilities to it. In this case, the property belongs to both the husband and wife 100%, without division into parts.

In addition, unmarried relatives (for example, parent and child; brother and sister) can also be participants in the joint ownership. In this case, the grounds for joint ownership (marriage or kinship) do not matter.

With shared ownership, each participant is the owner of a specific part of the house or apartment, which is determined as a percentage of the entire premises.

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Reasons for dividing real estate into shares

In some situations, homeowners come to the decision to divide shares for domestic reasons:

1. Unacceptable lifestyle of one of the owners (for example, one of the participants in joint ownership is sick with alcoholism or drug addiction).
2. The owners are not close people or are in conflict with each other.
3. Co-owners want to have separate property, manage it independently or receive a benefit (sell, lease).

Registration

In addition to the voluntary agreement, the following must be provided to Rosreestr:

1. Application for division of shares.
2. Documents of each of the co-owners.
3. Real estate passport (technical and cadastral).
4. Extract from the Inventory Bureau (BTI).
5. Receipt for payment of state duty.

Expert opinion

Kurtov Mikhail Sergeevich

Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.

The process of completing allotment documentation takes ten days. You can receive the document within one month, after which it is sent to the Rosreestr archive.

Dividing housing into parts does not change its status. That is, the apartment will not be considered communal. All receipts and bills also come to one address, while at the same time, each owner pays property taxes independently.

At the end of the procedure, each owner receives the right to independently make decisions about the disposal of property. He can sell, exchange or rent out his part without consulting others.

At the same time, in the event of alienation of his share to someone else, such owner is obliged to warn the other participants about the terms of the transaction. This obligation arises due to the fact that, in accordance with Art. 250 of the Civil Code of the Russian Federation, in case of shared ownership, co-owners have an advantage when buying out the share of another participant.

Despite the apparent simplicity of this document, it is still worth contacting a professional lawyer to draw it up. After all, if you make mistakes in it, the consequences can be irreversible.

If you have any difficulties drawing up an agreement on the allocation of a share in an apartment, then you need to seek free advice from the lawyers of our website. They will be able to tell you how to act in your specific situation.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

Allocation of shares in an apartment based on maternity capital

Statistics show that often for families, maternity capital becomes the only possible way to purchase their own home. In this case, the recipient of the certificate is responsible for the distribution of shares of real estate. If a woman is officially married, then the allocation of shares in housing applies to both minors and her spouse.

The recipient of the certificate independently determines how to distribute and allocate shares to all family members. Domestic legislation identifies the following options:

• writing an agreement on the allocation of housing shares with a determination of the size of the property (after this you will need to have it certified by a notary);
• drawing up a gift agreement or an agreement on the legal allocation of shares;
• registration of the obligation to allocate shares with the transfer of ownership rights from the owner to other co-owners.

Next, the woman will need to submit the agreement to Pension Fund employees for review of the document, providing an application and other necessary documentation.

When and why is it necessary to determine shares?

Common ownership of residential premises does not always give an idea of ​​what part of the housing belongs to each of the co-owners. Whether they own the apartment equally, or whether one of the owners has the right to a larger share than the other, joint ownership will not give a clear answer to this.

Title documents can only indicate the composition of the owners, which in some cases is not enough, then the allocation of shares of each of them will be required.

For example, a mother and two sons inherited a three-room apartment with a total area of ​​90 square meters from a relative. meters.

The will did not indicate the size of the inherited parts of each of the beneficiaries, but it was stipulated: since the heiress at one time helped the testator to pay off the loan for the apartment free of charge, in monetary terms her help amounted to 600 thousand rubles, therefore her part of the inheritance should be increased equivalent to her contribution in the purchase of housing.

The entire apartment was valued at 3 million rubles. Thus, in monetary terms, the shares were:

the mother received a part of the apartment equal to 41 square meters, the sons were given shares of 24 square meters each.

The most common situations when it is necessary to determine shares:

1. Divorce proceedings followed by division of jointly acquired property. Of course, most often spouses own the living space in equal shares, and accordingly, during a divorce, they divide the living space in half, but there are often situations when one of the spouses added personal funds to purchase an apartment, or a marriage contract was drawn up, which stipulates a different division procedure. In these cases, determining the shares is necessary.
2. Intention to dispose of one's share contrary to the wishes of the other co-owners. For example, one of the owners moves to another locality and he needs to allocate his share in order to sell it, or receive monetary compensation for his part of the apartment from other co-owners, but since it is not known exactly what area he owns, it is also necessary to determine his shares.
3. Opening an inheritance case. Inherited property is not always transferred equally to all applicants; for example, the spouse of the deceased, according to the law, has the right to half of his property, and the other half is inherited by other beneficiaries, often also in different shares.
4. Transfer of part of the residential premises to minor children.

This procedure can be performed in one of three ways:

• conclusion of a voluntary agreement;
• determination of shares in accordance with the marriage contract;
• filing a claim in court for forced allocation of shares.

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Agreement on determining shares in the right of shared ownership

AGREEMENT N _____

on determining shares in the right of shared ownership

g. _______________ “___”__________ ____ g. Gr. __________________________________________________________, (indicate last name, first name, patronymic) hereinafter referred to as “Party 1”, and gr. ________________________ _________________________________________________________________, (indicate last name, first name, patronymic), hereinafter referred to as “Party 2”, and together referred to as the “Parties”, have entered into this Agreement as follows:

1. The parties have determined the regime of shared ownership of the property specified in clause 2 of this Agreement.

2. The list of property owned by the Parties on the right of shared ownership includes:

— ___________ (the characteristics of the item are indicated: country of origin, model, number, color, size, for real estate: real estate object, total area (sq. m), living area (sq. m), address, title document (purchase agreement) sales or other document confirming the transfer of ownership of this property), etc.);

— _________________________________;

— _________________________________;

— _________________________________.

3. At the time of concluding this Agreement, the Parties determine the following distribution of shares in the property owned by the Parties on the right of shared ownership:

— the share in the shared ownership of Party 1 is ____%;

— the share in the shared ownership of Party 2 is ____%.

4. The sizes of shares established by this Agreement may be changed by mutual consent of the Parties.

5. During the period of validity of this Agreement, the Parties have the right to make any improvements to the common property.

6. Any improvements to property (separable and inseparable) made by the Parties as part of the implementation of this Agreement shall become the shared ownership of the Parties.

7. A party that has made significant investments at its own expense in property owned by the Parties under the right of shared ownership has the right to a corresponding increase in its share in the right to common property.

8. Income from the use of property that is in shared ownership is distributed between the Parties ________ (in proportion to their shares, in equal shares, etc.).

9. A Party has the right to dispose of property owned by the Parties by the right of shared ownership only with the consent of the other Party.

10. Each Party has a pre-emptive right to purchase when the other Party sells its share. The preemptive right to purchase a share is exercised in the manner prescribed by the Civil Code of the Russian Federation.

11. This Agreement may be terminated by each of the Parties unilaterally. In this case, the Party taking the initiative to terminate this Agreement is obliged to notify the other Party ____ days before the date of termination of this Agreement.

12. Upon termination of this Agreement, property is allocated in kind in an amount corresponding to the Party’s share in the right of shared ownership.

13. The allocation of property in kind can be replaced by monetary compensation corresponding to the size of the share in the right of shared ownership. An independent appraiser may be hired to determine the size of the share in monetary terms.

14. This Agreement comes into force from the moment it is signed and is valid for an unlimited period.
DETAILS OF THE PARTIES: Party 1: ___________________________________________________ __________________________________________________________________ ___________________________________________________________________ Party 2: ___________________________________________________ __________________________________________________________________ __________________________________________________________________ SIGNATURES OF THE PARTIES: Party 1: Party 2: _______________ __________________

Differences between joint and shared ownership

Joint ownership is the joint ownership of common property by citizens.

They own it on equal terms , having absolutely the same privileges and obligations. Maintenance costs, utilities and taxes are jointly paid.

A good example would be an apartment owned by both spouses .

If it was acquired after marriage , then ownership will not belong 50 to 50, as many owners are accustomed to believe, but 100% to both the first and second owners, that is, each will own the apartment completely .

All property acquired after marriage becomes joint property by default.

Unless other conditions are stipulated by an official marriage contract or a shared ownership agreement .

Shared ownership is individual ownership of part of the common property.

Expert opinion

Kurtov Mikhail Sergeevich

Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.

In this case , there can be many co-owners and they do not have to be relatives. The size of the shares can also be different for everyone.

The most common option is an ordinary family living in an apartment and dividing ownership between all its members - parents and children.

In such a situation, utility payments come entirely to the entire residential premises , but everyone will pay taxes for themselves .

The share in most such cases is not determined by a specific premises and cannot be sold to strangers . It can be bought by relatives living in the same apartment.

You can also receive a cash reward , equivalent to the cost of the share upon sale. If desired, this option can be converted into the second – allocated share.

An example of an allocated share with specific meters and binding to a specific room would be a multi-room apartment (communal apartments are still a very common phenomenon in Russia), in which each room has its own owner .

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The size of the rooms is different, and, accordingly, the size of the share . Utilities and taxes, with this type of property, everyone pays for themselves and only for their own meters.

The allocated share can be given as a gift or sold without the consent of all other owners . However, when selling, other “owners” will have the privilege of having the right to buy out their shares as a matter of priority .

After refuse to purchase, you can offer the deal to third parties .

What is the concept of a share in an apartment, read in our article.

Agreement on the procedure for owning and using an apartment in common shared ownership

Agreement

on the procedure for owning and using an apartment,

in common shared ownership

Moscow "____" _________________ 20__

Gr. RF, passport series ____, owning 1/3 share in the right of common shared ownership of a three-room apartment with a total area of ​​63.1 sq. m. m., located at the address: Russian Federation, Moscow, 1st Nikudyshnaya street, building 11, building 5, apartment 0 (hereinafter referred to as the “Apartment”), registration record dated 01/01/2001, as the first party to this Agreement, and

gr. RF _______________________

, date of birth ________________, passport _______, owner of 1/6 share in the right of common ownership of the Apartment, registration record dated ________ No. _____________________,

gr. RF _______________________

, date of birth ________________, passport _______, owner of 1/6 share in the right of common ownership of the Apartment, registration record dated ________ No. _____________________,

gr. RF _______________________

, date of birth ________________, passport _______, owner of 1/6 share in the right of common ownership of the Apartment, registration record dated ________ No. _____________________,

gr. RF _______________________

, date of birth ________________, passport _______, owning a 1/6 share in the right of common ownership of the Apartment, registration record dated ________ No. _____________________, as the second party to this Agreement,

have entered into this Agreement as follows.

1. The apartment belongs to the above-mentioned owners on the right of common shared ownership and is located on the first floor of a residential building.

2. The total area of ​​the Apartment is 63.1 sq. m. m., living area - ______ sq. m. The apartment consists of three rooms, one of which has an area of ​​_______ sq. m. m. is isolated, the other two have an area of ​​18.6 sq. m. m. and 10.9 sq. m. are respectively a passageway and a passageway.

3. The parties to this Agreement establish the following procedure for ownership and use of the Apartment:

3.1. Gr. , as a participant in shared ownership of the Apartment on the one hand, receives for sole use an isolated room with a living area of ​​_____ sq. m. m.;

3.2. The second party to this Agreement, as participants in shared ownership of the Apartment, receive for common use two rooms with a living area of ​​_______ sq. m. m. (passage room) and ________ sq. m. (entrance room).

3.3. All participants in shared ownership of the Apartment, on equal terms, use the corridor, kitchen, bathroom, toilet, utility rooms (common areas) located in the Apartment.

3.4. All participants in shared ownership of the Apartment, on equal terms, use all the property located in the kitchen and other common areas in the Apartment: refrigerator, washing machine, table, sink, cabinets, hanger, etc.

3.5. All participants in shared ownership of the Apartment use the mezzanine located in the corridor of the Apartment on equal terms.

3.6. The balcony is used by all participants in shared ownership of the Apartment, with the exception of, since access to the balcony is only possible through the entrance and exit rooms.

3.7. Cleaning of common areas is carried out by the participants in shared ownership of the Apartment alternately every ten days of the month: in the first ten days, cleaning is carried out by , in the second and third ten days - by the remaining participants in shared ownership of the Apartment.

3.8. The other participants in the shared ownership of the Apartment collect the garbage generated during the day in their own separate bags, which they independently take out of the Apartment every day into specially designated containers for garbage collection or a garbage chute.

3.9. The apartment is intended for residential use only. Keeping cats, dogs and other animals is prohibited in the Apartment.

3.10. Payment for the telephone is carried out in proportion to the existing shares of the participants in shared ownership of the Apartment, regardless of who the contract is with. Participants in shared ownership of the Apartment agreed to use tariff plan No. 3 (subscriber payment system) with automatic access to international/long-distance communication services disabled. The use of a telephone line to access the Internet is permitted provided that telephone conversations are possible when connected to the Internet. Payment for the Internet is carried out by the participant in the shared ownership of the Apartment who has entered into an appropriate agreement for the provision of this service. The telephone must be installed only in the hallway or kitchen with access to it for all participants in shared ownership of the Apartment at any time. At the request of any participant in shared ownership of the Apartment, the sound signal of the telephone set can be turned off at night (from 23.00 to 7.00).

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3.11. Each participant in shared ownership of the Apartment is obliged, in proportion to his share, to participate in the payment of taxes, fees and other payments on the common property, as well as in the costs of its maintenance and preservation. If payment receipts are issued to one of the participants in shared ownership of the apartment, the remaining participants reimburse him for payment expenses in accordance with their shares. To certify the fact of compensation, the participant in shared ownership of the Apartment is obliged, at the request of another participant, to issue a receipt for receipt of money for reimbursement of expenses.

3.12. Any improvements, installation of additional equipment, furniture, etc. in the common areas of the Apartment are carried out only by agreement of all participants in shared ownership of the Apartment, drawn up in writing, with reimbursement of costs in proportion to the shares in the common ownership of the Apartment.

3.13. Any improvements, installation of additional equipment, furniture, etc. in living rooms are carried out by the participants in shared ownership of the Apartment with the consent of all participants in shared ownership of the Apartment at a common expense in accordance with the shares in the common property, and in the absence of such consent - at the expense of participant in shared ownership of the Apartment who carried out such improvements, installations, etc.

3.14. Calling repair workers to repair common property, including living rooms, is carried out by any participant in shared ownership of the Apartment. Payment for such work is carried out in proportion to the expenses incurred according to the shares owned.

3.15. Gr. has the right to rent out the room assigned to him under this Agreement under a rental agreement or an agreement for free use to third parties without the consent of the remaining participants in the shared ownership of the Apartment.

3.16. The second party to this Agreement has the right to rent out the rooms assigned to it under this Agreement under a rental agreement or an agreement for free use to third parties without consent

4. This Agreement comes into force from the moment it is signed by all participants in shared ownership of the Apartment or their authorized (legal) representatives.

5. This agreement is concluded for an indefinite period. If the composition of participants in shared ownership of the Apartment changes, this Agreement is considered terminated from the moment of state registration of ownership of the Apartment by other persons.

6. Any changes to this Agreement must be made only in writing and signed by all participants in shared ownership of the Apartment.

7. Everything that is not regulated by this Agreement is regulated by the current regulatory legal acts of the Russian Federation.

8. This Agreement is drawn up in two original copies having equal legal force. One copy is kept by, the second - by the remaining participants in shared ownership (the second party to this Agreement).

First side:

__________________________________________________________ ____________

(last name, first name, patronymic in full and in your own handwriting) (signature)

Second side:

__________________________________________________________ ____________

(last name, first name, patronymic in full and in your own handwriting) (signature)

__________________________________________________________ ____________

(last name, first name, patronymic in full and in your own handwriting) (signature)

__________________________________________________________ ____________

(last name, first name, patronymic in full and in your own handwriting) (signature)

__________________________________________________________ ____________

(last name, first name, patronymic in full and in your own handwriting) (signature)

In what cases is this required?

Situations that require division are sometimes the most banal:

• The presence of bad habits in one of the owners that interfere with the normal life of the other owners;
• The owners are strangers and/or do not get along well in the common area;
• The desire to have separate housing and manage it independently;
• Receiving material benefits - selling, or receiving monetary compensation for your share;
• Marriage contract – in the event that the spouses initially wish to have separate property.

Any owner who owns part of the real estate common property has the full right to allocate his share .

Shares of “ideal” and “real” types

These terms have significant differences.

The ideal share is if the owners of two rooms of unequal size are two owners. Each of them has the right to a half share, but in fact, both of them use these rooms.

The actual share is most often reflected in writing. It means the following: each room has its own owner. In other words, one of them has a small room, the other has a large one. And neither one nor the other has the right to use someone else’s room.

If the shares are of an ideal type, all owners can use the joint property; if the shares are real, everyone can use only their part of the housing. This is prescribed in a special agreement or court decision.

How is the calculation done?

The size of shares between owners is calculated as follows:

1. In case of privatization , inheritance , purchase , divorce , in the absence of any additional factors (will, documented expenses for the purchase of most of the real estate), the real estate is divided into all owners in equal shares ;
2. When entering into an inheritance and there is a will , the size of the shares will be determined by the will;

• Deed of gift . The size of the shares is determined by the document;
• The owner voluntarily allocates shares in his apartment . In this case, the size of the share will also depend on the owner himself.

In all these cases, there are no legally defined standards, so the minimum standards of square meters for 1 person , established by the laws of the Russian Federation, are taken into account.

Selection order

It will be possible to divide an apartment into shares for any form of ownership . Joint ownership allows for a portion of the living space to be allocated to each of the co-owners .

Also, the presence of such shared ownership allows the redistribution of existing shares and/or the allocation of new ones .

There are two options for solving property division:

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Actually

As a result of allocating a share in kind, the object is divided into separate, completely independent units .

As a result, the owner receives isolated from all other owners , with a separate entrance, bathroom, toilet and kitchen.

In other words, you get a full-fledged independent apartment, owned by only one owner .

Expert opinion

Kurtov Mikhail Sergeevich

Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.

The owner can obtain the right to dispose of his area at any time . In this case, the time that has passed since the day he took ownership does not play any role.

When allocating a share, it is advisable to seriously consider the possibility of dividing property in this way.

You need to understand that, for example, dividing a one-room Khrushchev apartment into 2 - 3 shares will be very problematic . Adding an additional bathroom with a kitchen is completely out of the question.

Through the court

In some cases, the transfer of property from joint to shared is possible only through compulsory judicial procedure .

One of these situations is the impossibility of peacefully determining the size of their shares between the owners.

To resolve this issue, the court calculates the amount of personal investments spent on the purchase and maintenance of real estate by each of the owners.

Only those expenses that can be documented are taken into account.

In some cases, when division of housing is impossible due to its design features, the court orders payment of monetary compensation in the amount of the value of the plaintiff’s share .

The second owner, upon full repayment of obligations and payment of the entire amount of compensation, becomes the full owner of the entire property . In such a situation, the owner’s consent to such a division of property is not required.

We recommend watching a video about how you can legally deprive an owner of a share in an apartment:

Determination of shares in an apartment and form of agreement

The allocation of shares in an apartment can be done:

1. By contract , i.e. by signing an agreement;
2. During a judicial review , the result of which is a decision.

If an agreement has been reached, it must be drawn up on a standard form, where the details of the participating parties are written down with the obligatory indication of their passport data, documents on the right of ownership of property located at a certain address are mentioned, registration data in the Unified State Register and Cadastre are listed.

A mandatory item is the size of the shares of each owner.

If there are any restrictions or encumbrances, they should be indicated.

Changes can be made to the concluded agreement only with the consent of each of the signatories. After approval of the agreement, the rights of each party are registered in the Unified State Register .

The essence and meaning of the document

An agreement is a document that transfers joint or personal property into shared ownership.

The agreement is filled out in a simple form, signed by all existing owners and certified by a notary.

The completed agreement is submitted for registration to Rosreestr , since the size and number of shares in the personal property of each owner change.

Expert opinion

Kurtov Mikhail Sergeevich

Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.

The essence of this agreement is to equally grant rights to common housing to all family members, including children, if any, indicating the share belonging to each.

How is it processed?

The requirements for this agreement have a number of conditions, if not met, the document will be considered invalid:

1. Details, passport details and other information about the participants in the transaction must be as detailed as possible ;
2. Precisely defined subject of the agreement : exact address, technical data (total area, living area, etc.);
3. Clearly defined shares for each owner : to whom and how much;
4. Detailed information about title documents that can confirm ownership: contracts for the purchase of housing, or a certificate of inheritance of a house/apartment;
5. Privatization certificate of ownership.

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Among other things, the agreement specifies additional conditions:

• procedure for operating property registered as shared ownership;
• unilateral ban on refusal to fulfill all obligations;
• absence of any encumbrances on real estate ;
• absence of any material claims against other owners;
• the procedure for making emerging additions and changes to the agreement;
• temporary deadlines for registration of additions and changes.

How to correctly draw up an agreement on the allocation of a share without a notary?

When preparing the document yourself, you should consider the following points:

• the form must contain the name of the document, place and date of its preparation;
• the details of the owners from whose property the shares will be allocated to the children are registered (full name, date of birth, passport details and addresses of the parents);
• it is indicated that the owners act on behalf of their minor children, their full names, dates of birth, information about birth certificates are recorded;
• characteristics of the residential building (house or apartment), shares of which are allocated in accordance with the agreement: address, area, details of the ownership document;
• the size of the share of each family member that will be allocated to them by agreement;
• signatures of parents with transcript.

For each of the shared owners, their own copy is prepared, and an additional one is submitted to the registration authority.

What if it’s based on maternity capital?

The responsibility of parents is to allocate to all their children a certain share in residential premises acquired with the help or funds of maternity capital.

This is stated in paragraph No. 4, Article 10 of Law No. 256-FZ “On state support for families raising minor children.”

The size of the share for each of the owners will be determined by a voluntary agreement in writing . Property should be allocated not only to children , but also to the second spouse who has not yet become the owner.

If the property is joint (not shared) and was acquired with maternity capital funds, the agreement on the redistribution of shares and their sizes will be preceded by a preliminary division of joint property between the spouses .

In other words, the apartment will first be divided between husband and wife . And only after such a division, parents will be able to transfer part of their rights to real estate to their children .

In a situation where there is only one owner of the property and it is one of the spouses, the agreement, in addition to the children’s shares, may include the share of the second spouse (if not drawn up earlier).

Documents found on the topic “agreement on determining shares”

1. Agreement on determining shares in property that is in common ownership Agreement for the purchase and sale of real estate → Agreement on determining shares in property that is in common ownership
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2. Sample. Approximate additional agreement on the conditions for paying rent to a multilateral land lease agreement shares (Resolution of the Government of the Russian Federation dated 01.02.95 No. 96)
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   appendix to the recommendations on the procedure for disposing of land shares and property shares approximate additional agreement on the terms of payment of rent 1. this agreement is concluded between (full name), the owner of the land...

3. Sample. Form for maintaining a register of economic entities having on the market certain goods share more than 35 percent (order of the State Committee for Administrative Offenses of the Russian Federation dated March 15, 1996 No. 29)
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   ...e to the order of the State Capture Commission of Russia dated March 15, 1996 no. 29 form of maintaining a register of business entities that have a market share of a certain product of more than 35 percent +-+ name of legal entity. least share of economic geographer. no. order and date of ownership. addressing...

4. Contract of sale shares (parts shares) in the authorized capital of the LLC
   Agreement for the purchase and sale of property → Agreement for the purchase and sale of a share (part of a share) in the authorized capital of an LLC

   ...of the general agreement or in connection with it, the parties will try to resolve it through negotiations. 4.2. If the parties do not come to an agreement , the dispute is referred to resolution in court, provided for by the current legislation of the Russian Federation. 5. validity period...

5. Application for refusal to share in inheritance
   Wills, inheritance documents → Application for refusal of a share in the inheritance

   ...relative notary office of the city. (full name) lived (full address at place of residence) application for refusal of a share in the inheritance I, gr. I renounce my share of the inheritance after the deceased (date of death in words) ...

6. Sample. Agreement on the redistribution of ideal shares
   Protection of property rights → Sample. Agreement on redistribution of ideal shares

   ... the shares are not indicated or are indicated incorrectly (the sum of the arithmetic shares does not correspond to one), a notary can certify the agreement on establishing the size of shares or on changing the size of shares . In addition, changes in the size of shares are made in connection with...

7. Founder's decision to sell shares in LLC
   Founding agreements, charters → Decision of the Founder on the sale of a share in the LLC

   …11, registered at: 111111, Moscow, st. Tverskaya, 1, apt. 1), decided: 1. to sell my share in the authorized capital of LLC "" (registration number 11077461111111, tax identification number 7711111111/771101001) with a nominal value of 10,000 (ten...

8. Sales and purchase agreement shares residential building (option)
   Agreement for the purchase and sale of real estate → Agreement for the purchase and sale of a share of a residential building (option)

   ... of the agreement, the alienated share of the residential building has not been sold to anyone, has not been mortgaged, is not in dispute and is not under prohibition (seizure). 7. by agreement between the seller and the buyer, a share of the house, consisting of two living rooms, of which one room...

9. Sales and purchase agreement shares residential building
   Agreement for the purchase and sale of real estate → Agreement for the purchase and sale of a share of a residential building

   ... the alienated share of the residential building has not been sold to anyone, has not been mortgaged, is not in dispute and is not under prohibition (seizure). 7. by agreement between the seller and the buyer for the use of gr. the share of the house consisting of living room(s) is transferred

10. Donation agreement shares apartments
    Agreement of donation of real estate and other valuables → Agreement of donation of a share of an apartment

    ...extracted property and transactions with it 01/10/2000. registration record No. 000/111/2000-333 was made. 3. the specified share is assessed by agreement of the parties for the amount of 100,000 (one hundred thousand) rubles 00 kopecks. 4. The donor guarantees that he does not enter into this agreement after...

11. Sample. Redistribution agreement shares total area of ​​the apartment
    Protection of property rights → Sample. Agreement on redistribution of shares of the total area of ​​the apartment

    ...Tva about the right of ownership of housing no. from "" 20, common areas are jointly owned. 3. By agreement of the parties, we redistribute the shares as follows: - gr. and gr. belong in equal ownership to shares of the total area...

12. Donation agreement shares apartments
    Real estate purchase and sale agreement → Apartment share donation agreement

    ...extracted property and transactions with it 01/10/2000. registration record No. 000/111/2000-333 was made. 3. the specified share is assessed by agreement of the parties for the amount of 100,000 (one hundred thousand) rubles 00 kopecks. 4. The donor guarantees that he does not enter into this agreement after...

13. Lease agreement for land, land share , plot
    Lease agreement for land, land share, plot
14. Sales Statement shares Houses
    Real estate purchase and sale agreement → Application for sale of a share of the house

    notification of the sale of a share of the house to Sergei Pavlovich Klimenko, residing: Moscow region, Zagorsk, st. Ozernaya, 8, apt. 11 from Timchenko nickname...

15. Contract of sale shares in the authorized capital
    Founding agreements, charters → Agreement for the sale and purchase of a share in the authorized capital

    ...lei. the specified amount was paid to the seller by the buyer in full before signing this agreement. It was explained to the parties that the agreement on the price is an essential condition of this agreement and, if they conceal the true price of the share in the authorized capital of the company...

Possible difficulties

In reality, when separating, the following problems often arise:

1. the apartment is still encumbered ( mortgage loan);
2. lack of ownership of housing (the apartment is not privatized, there are no documents confirming ownership);
3. the apartment is officially recognized as non-residential , not put into operation (construction, major repairs), recognized as dilapidated housing.

Find out how to choose a comfortable apartment to buy and what you should pay attention to in our article.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:

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The emergence of private property in Russia has further strengthened the importance of regulatory legal acts that define the rules for regulating property relations. According to the norms of the current legislation of the Russian Federation, a citizen can own a thing entirely, or receive a certain share from it.

In legal doctrine, the division of common property into parts is called the allocation of shares.

To legalize the procedure, the parties are required to enter into an agreement on the allocation of shares. We will consider in more detail the meaning of the document, as well as the points that should be specified in it, in this material.

Calculation

Typically, when it comes to allocation in kind, the question is what the cost will be and how it will be determined.

The cost is determined according to the market value and it is logical that such a cost is clearly lower than the real value of the share. However, the owner is given the right to appeal to the other party to demand compensation for material compensation due to the low value of the share that was allocated.

Step-by-step instruction

1. First you need to decide what exactly will stand out (object), in relation to whom (subject) and in what size (object).
2. You must obtain a technical passport from the authorized body for the facility from which the share will be allocated. After all, the passport indicates all the main technical characteristics necessary for the procedure.
3. Drawing up and directly concluding an agreement on determining shares.
4. In the event that a final agreement has already been reached between the parties, but the value of the share is significantly lower than the real value , then the issue of material compensation can be raised (the conditions and amount of such compensation should be stated directly in the agreement so that all parties are aware and are on an equal footing in relation to to each other).
5. Registration of changes in ownership of a particular object , which must be included in the Unified State Register, from which it is then necessary to obtain the corresponding extract with the changes that have entered into force.

The registration certificate and extract from the register are the title documents that confirm the legal ownership.

To complete and receive the above documents you must:

1. Passports of the parties;
2. Title documents that existed before the shares were determined;
3. Technical passport for the facility;
4. Extract from the BTI;
5. Receipt for payment of state duty;
6. A corresponding application must be submitted to the State Register.

It is important to note that the owners of the property, as well as shares in it, are also subjects of taxation who are obliged to pay taxes on a timely basis.

Drawing up an agreement

An agreement giving the right to determine a part of the common property must be drawn up in compliance with current civil legislation. The division of shared ownership must necessarily be accompanied by notarization.

Now let’s look at the main provisions that are specified in the agreement on the allocation of shares from the common property:

• The preamble of the document indicates the personal information of the future owners of shares in the common property.
• Subject of the agreement. It is considered the most significant part of the contract, since it is in this context that the parties describe in relation to which property the share of joint ownership will be determined. If we are talking about real estate, it is imperative to fully indicate the technical information of the object and the square footage due to each participant in the agreement.
• Rights and obligations of the parties. The distribution of property shares requires a precise indication of the capabilities of each party after the document enters into force. When listing the rights and obligations of each participant, violation of the norms of the Civil Code is not allowed. For example, Article 250 establishes the priority of the interests of the parties to the agreement in the event of the sale of a share to third parties.
• Additional terms and conditions. In this section, the parties can determine the owner who will undertake the notarization of the agreement on the allocation of property that is in common ownership.

If a party to the agreement attempts to sell its share without notifying the other owners of part of the property, the Civil Code gives them the right to go to court. The judicial authority recognizes the previously completed transaction as invalid and appoints one of the parties to the contract as the new buyer.

Is a notary needed when drawing up an agreement on the allocation of shares?

There are situations when a notary’s presence is required when allocating shares, and when a document can be executed without it.

An agreement is drawn up without a notary in the following cases:

1. Housing is initially purchased using maternity capital, and the purchase and sale agreement immediately indicates the size of the shares of each family member.
2. Upon completion of construction (after registration of a residential building with the cadastral register) or removal of the encumbrance in connection with the full repayment of the mortgage loan:

• shares are allocated to children from the shared property of the spouses in simple written form by mutual joint decision;
• there is only one parent and the property is his property; he allocates shares to the children in simple written form;
• the housing is registered as the common joint property of the spouses, it will remain in this status for them, and the children will be assigned shares. The agreement is drawn up in simple writing without notarization.

The agreement is subject to notarization in several cases:

1. A mortgage loan is taken out with the shares of each family member determined. Then the mortgage of the shares is registered and a notarial agreement is attached.
2. Housing was purchased by both spouses under a purchase and sale agreement and registered by them as shared ownership. When shares are allocated to children only from the share of one of the spouses, a notarial document will be required.
3. Maternity capital funds were used during the marriage of the spouses, but the marriage was subsequently dissolved. Then there is not just an allocation of shares to the children, but also a division of property between the former spouses. Therefore, the transaction is formalized by a notary.