Features of shared ownership of an apartment

The share in the property is transferred by inheritance from the owner to the only legal successor. This is an ideal situation. This almost never happens in life. Typically, a privatized apartment belongs to several persons at once: spouses, their children, and other relatives. A participant in joint ownership has the right to dispose of only the part that belongs to him.

Inheriting a share in a privatized apartment requires taking into account many things: the presence of a will, the rights of other relatives, the condition of the property, encumbrances. Today, there are often situations when the share transferred by inheritance is already pledged to the bank under a mortgage or other loan.

A properly executed inheritance is a source of profit. The Tax Code of the Russian Federation obliges to pay tax on profits to the state. But relatives are exempt from this obligation. These and other nuances are taken into account, since a contradiction with the law inevitably entails the loss of rights to real estate.

Methods of inheriting a share of privatized housing

When privatizing an apartment into common shared ownership, all participants have equal shares in the residential premises, unless otherwise specified in the agreement on gratuitous transfer. Therefore, in the event of the death of one of the owners of the apartment, inheritance of the share by legal successors takes place on a general basis.

If an apartment is privatized by a citizen into individual ownership and the rights to it are formalized in the prescribed manner during his lifetime, no specific questions arise. Inheritance occurs in the general order.

The sequence of acceptance of inherited property is determined by which path is chosen for this by the testator himself.

Two options available:

1. According to the will.
2. In law.

Obviously, in the 1st option, you need to take care of the expression of will in advance. It is formulated based on legislative norms and registered with a notary.

If a document contains gross errors and does not correspond to the real state of affairs, then it will not be difficult to invalidate it in court.

By will

A will is a document drawn up personally by the testator or through his authorized representative. Today, a notary can be called to your home to perform this work, having paid a fee in accordance with the price list.

You can transfer your property to anyone by will.:

• relative;
• to a stranger;
• legal entity;
• charitable organization.

The will states who will receive what from the testator's property. A share in real estate is transferred to one or more persons. It is not necessary to inform someone (including a notary) about the contents of the will when drawing up a closed will.

In the future, the owner of the property has the right to change the contents of the will as many times as he likes; the one that was drawn up and registered last will be valid at the time of death.

An important part of wills are “inheritances”. You can transfer ownership rights to one person and oblige him not to interfere with a third party’s use of a share in the apartment.

Such a refusal may be valid for a specific period or until the end of the life of the legatee. Anyone who gets a share in the apartment can sell it if the buyer agrees to continue to carry out the will of the deceased.

In law

In the absence of expression of will, all that remains is to turn to the law. The distribution of the inheritance, including real estate, will occur in proportion to the number and categories of legal successors.

The law lists the queues (8 in total), of which the first two are given priority:

1. Spouse, father and mother, children.
2. Grandparents, brothers and sisters.

The 1st line has an absolute advantage over everyone. If there is no one in the 1st queue, the claims of applicants from the 2nd and further are considered.

Within the queue, property is distributed equally among everyone. Any of the persons recognized as heirs has the right to give their share to others.

There are some categories of successors who cannot be disinherited:

• minors;
• disabled children;
• disabled father and mother;
• spouse;
• dependents.

If the deceased person did not indicate any of them in the will, then it is easy to contest this document through the court and receive half of the share in the inheritance that would have been due to them in the absence of his will.

For example, a spouse will receive not 1/2 of a share in an apartment, but 1/4.

Types and features of allocating a share in an apartment

Competent and comprehensive assistance from a lawyer is required both during the contractual and judicial allocation of a share of real estate.

Contractual registration will allow you to donate or transfer a share to a relative or a child without litigation, based on the mutual agreement of all co-owners. During the trial, the allocation of a share of real estate is carried out in kind. If it is impossible to make a distribution in kind, the court issues a decree for monetary compensation of the value of the share to its owner, after which he loses any rights to the property.

It is important to correctly distinguish between the allocation of a share and the division of common property. In the first case, the rights of common ownership remain with all property owners. Upon division, these rights lose their powers.

Therefore, before you draw up a deed of gift or a purchase and sale agreement for your share, it is strongly recommended to get the help of a lawyer who will tell you in detail about all the pitfalls and nuances of the upcoming transaction. Also, legal advice will not be superfluous if you are going to calculate your share in order to donate, sell or exchange it in the future.

Who has the right to receive a share and register it as an inheritance?

Real estate is a special category of property. The law requires that ownership be registered so that the owner will subsequently bear full responsibility for its maintenance.

For this reason, only a legally capable person can become an heir and register a share in the apartment. Children whose legal capacity is limited accept inheritance with the consent of their parents.

Most often, real estate goes to those who are included in the 1st stage. There are no fundamental differences in the registration procedure in the presence of a will and in its absence. They always wait six months, during which the notary collects applications from the heirs. It is impossible to speed up this process.

Inheritance of a share of privatized property after the death of a spouse

The distribution of the deceased's property between his spouse and children occurs in accordance with how the property right was acquired.

If the share in the apartment was purchased by the deceased before marriage, privatized, inherited or received as a gift (at any time), then it is his personal property. It will be divided equally between the spouse and children.

When the share in the apartment was jointly owned by the spouses, then after the death of any of them, the remaining one will own half. The remainder will be distributed among the children in equal shares.

If there are no children, then the spouse will inherit the entire share, regardless of the order and time of its acquisition (when there is no will).

Inheritance after the death of mother or father

The succession line is headed by the deceased's spouse and his children. All of them have the right to agree on exactly how ownership of a share in the apartment will be transferred. For example, children have the right to give their shares to their mother, and vice versa.

We must not forget about grandparents. They are also among the heirs. Upon presentation of a document proving the existence of a family relationship (birth certificate, marriage certificate), you can submit an application to a notary in the general manner.

Anyone can refuse inheritance without giving reasons. This is partially impossible to do. This means that when accepting property, you cannot give up any part of it. In addition, debts are inherited.

For example, if there is a debt for an apartment, all heirs will repay it in proportion to their shares.

Registration of shares under a will and deed of gift

After the necessary documents have been collected (passport, death certificate, will), a visit to the notary and submission of the application follow. The interested party must confirm in writing their desire to inherit a share. He must collect and provide a list of papers within 6 months from the date of death of the previous owner of the property.

Another option for registering a share in an apartment as property is to transfer the living space free of charge - a donation. The advantages of re-registration through a deed of gift are simplicity and low costs. The share becomes property after the donation agreement comes into force.

It is recommended to act under the guidance of a lawyer or entrust the task to a real estate agency. In any case, it is advisable to familiarize yourself with the details in order to understand the actions of the specialist to whom you are paying money. The action plan for how to register a share in an apartment, presented below, will help you feel more confident. Need to:

1. Reach agreement on the issue of donating a share of housing.
2. Collect the required package of papers.
3. Pay the state fee.
4. Contact the Federal Service for State Registration, Cadastre and Cartography or MFC.
5. Fill out an application, hand over the papers.
6. Receive written confirmation with a signature that the documents are under consideration.

In the procedure for re-registering the status of an object (its share), an important point is the correct filling out of the papers.

How to register a share of an apartment in ownership through the court

Appeal to the court helps in resolving such issues: allocating a share, taking away an obligatory part, receiving an inheritance if the deadline is not met.

When the successors cannot reach an agreement through negotiations, you can try to prove the right to allocate a share in a privatized apartment in court. It is worth understanding that this process is slow and entails possible consequences:

• it is possible to submit petitions from any other direct heirs;
• Sometimes it becomes necessary to confirm with evidence the right of a third party to the legally required share of living space.

If the subject to whom part of the rights was transferred does not visit the notary’s office within the time established by law, then the procedure for registering an inheritance becomes difficult. There is a risk of losing inheritance rights without, in fact, serious grounds.

Stories from life Several years ago, after the death of my father, I signed up for a share in a two-room apartment with my grandmother and sister. We all counted on the part that was due to the father, and it was distributed among us in equal proportions. We submitted a will to the MIEL agency. Real Estate”, where we were advised and offered turnkey transaction support. We agreed. The process did not take much time, because we came across excellent specialists who helped solve the problem quickly and peacefully. As part of the cooperation, a legal review of the documents was carried out, and a good notary was hired. We were pleased!

Inheritance of part of a privatized apartment

The fact of privatization is one of the grounds for recognition of property rights.

Equivalent to him:

• sale;
• donation;
• inheritance.

Since we are talking about part of the apartment, this means that the remaining shares have owners. Often these are close relatives of the testator. But there are situations when an apartment is owned jointly by strangers.

When the title document (extract from the Unified State Register) does not indicate a specific part of the apartment, this means that all co-owners have equal rights. Accordingly, in order to formalize an inheritance, it is necessary to determine the shares of all owners.

If the owners are close relatives, this simplifies the task. For example, after the death of a spouse, the second will remain his 1/2 in the apartment, as well as the part that is due by law or by will.

Privatized real estate must be registered with Rosreestr. It is enough to request an extract from the Unified State Register to verify the correctness of ideas about who is the owner of this object. Any person has the right to do this, not even the owner of this property.

How is the division of shares between heirs carried out?

The allocation of shares after the fact (after the death of the testator) is impossible. But during their lifetime, co-owners have the right to agree and formalize ownership of specific shares, which may not be equal at all. In this case, only the share specified in the agreement will be inherited.

Drawing up agreements of this kind, as well as the subsequent registration of the right to a share in a privatized apartment, determining the procedure for using joint property is a rather complex legally and time-consuming process.

You should do this in advance, setting aside at least 1 year for this. One of the common difficulties is to agree and voluntarily participate in all registration activities.

Since quite often very small shares are transferred to the heirs (for example, 1/8 of a one-room apartment with an area of ​​15 sq. m.), even before contacting a notary, it is advantageous to agree with the remaining heirs and co-owners of the property on the sale.

Upon reaching agreement, the successor will be required, in exchange for an agreed amount, to write a waiver of the inheritance and hand it over to a notary.

How to register a share in a privatized apartment

To obtain part of the privatized living space, the interested person must resort to the services of government agencies and carry out a number of preparatory actions. Read more about this and other related issues below.

Distribution of shares

The number of square meters issued is determined depending on the basis for receipt. More details about this are in the table.

The size of the share of living space transferred to the new owner by way of donation is determined solely by the donor.

Regarding the subject of sale and purchase, the number of square meters sold will depend on the agreement between the parties to the transaction.

At the same time, it is important to know: too small a share (relative to the remaining shares of the total property) cannot be used by the owner for its intended purpose, and, at the request of the copyright holders of larger parts of the property, it can even be sold to them without his consent.

Where to contact

To receive a share, applicants contact:

1. To the administration of the municipality or the housing stock at the location of the apartment - if the living space is not privatized.
2. To the notary at the place of opening of the inheritance (death of the owner of the share) - during inheritance.
3. To any notary office - to conclude a gift or sale agreement.

After approval of the basis for receiving a share, the copyright holder needs to visit the state real estate registration authority - the Rosreestr branch at the location of the apartment - to register the transfer of ownership of it.

Procedure and procedure

First, the recipient of the share must apply for registration of rights to it. During this stage:

• The heir submits an application to the notary to accept the inheritance.
• The tenant of social housing sends a request to the owner (municipal entity or others) to carry out privatization.
• The donor and the donee or the buyer and the seller conclude and notarize an agreement under which the share will be alienated.

After its successful completion, all rights holders will receive state registration as owners of part of the residential property.

The applicant* is required to:

1. Collect a list of required papers.
2. Appear at the local Rosreestr office or multifunctional center.
3. Write an application for registration (according to the sample provided) and submit it, along with a package of collected documentation, to an authorized employee.
4. Pay the state fee.
5. Come pick up your documents on the appointed day.

* - The new owner himself or his representative - a parent, guardian, trustee (instead of minors, incapacitated and partially capable citizens) or an authorized representative (on the basis of a notarized written authorization issued by the owner) has the right to apply for registration of a share of real estate.

If a transfer of ownership is registered on the basis of a gift or sale agreement, both parties to the transaction must submit a registration application.

From the position of the registration authority, the procedure will be as follows:

1. An authorized specialist accepts the documents received from the applicant and checks them for legality and authenticity.
2. The initiator of the application is provided with a sample for writing an application and details for paying the state fee.
3. The fact of payment of the state fee is established by Rosreestr employees; the applicant is not required to provide them with a receipt.
4. The accepted application and the list of required papers are processed by the registration authority within 5 days.
5. After the expiration of the mentioned period, a notification is sent to the owner (in the manner specified by him in the application), indicating the end of registration and the need to re-visit the branch to receive the transferred documents.

If desired, the owner of a share in a privatized apartment can receive a title document at any time after registration - a certificate from the Unified State Register of Real Estate (USRN).

Required documents

To receive and register a share of a privatized apartment you may need:

1. Social rental/privatization/donation/purchase agreement.
2. Death certificate of the owner.
3. A will or document confirming the right to inheritance by law.
4. Certificate of right to inheritance.
5. Extract from the Unified State Register of Property Rights of the former owner.
6. Certificate of absence of registration at another address.

Price

Registration of a share of privatized living space will cost 2,000 rubles. Their applicant will have to pay for the services of Rosreestr.

The new owner also pays:

• 13% of the value of the share received as a gift, if the donor is not a close relative;
• 0.3 – 0.6% of the value of the property when receiving it as an inheritance;
• the price specified in the purchase and sale agreement.

When applying to a notary, in addition to the state fee, the applicant will need to pay for legal and technical services, the tariffs for which are approved by the notary chamber of the subject at the beginning of each reporting year (you can find out the prices on the official portals of the departments).

How to get a share in a privatized apartment? This question is quite general, and it will not be possible to reveal all the nuances of the process in one article. To obtain more specific missing information, you can contact the lawyers of our portal. They will help clarify your problem and, if necessary, develop an individual action plan. You can ask a question of interest for free, at any time convenient for you - over the phone or online.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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Statement of claim for determination of shares in joint property

Citizens of the Russian Federation can own common real estate as shared or joint...

How to correctly inherit a share of a privatized apartment: procedure

In the procedure for accepting an inheritance, there are standard stages that will have to be completed both in the presence of a will and in its absence.

The sequence of actions will be as follows:

1. The heirs submit to the notary at the place of residence of the deceased an application for acceptance of the inheritance and all the necessary documents. If there are those who want to give up their share in favor of others, then they also submit an application along with everyone else.
2. An assessment of the hereditary mass is performed. First of all, this concerns real estate. Based on the amount specified in the estimate, the state duty will be calculated.
3. The heirs pay the state fee to the notary.
4. A certificate of inheritance rights can be obtained no earlier than six months later.
5. Next, they contact Rosreestr with an application.
6. Rosreestr registers new property rights, and state fees are paid.

Only after all stages have been completed, ownership of the share in the real estate passes to the heirs. Now it can be sold, donated, bequeathed.

Receiving an inheritance

Article 1110 of the Civil Code of the Russian Federation regulates the inheritance of an apartment in whole or in parts.

Those who are indicated in the testamentary document, the heirs who have the right to an obligatory share, are called upon to inherit.

In the absence of a will, the court distributes the property of the deceased among relatives (living and unborn but already conceived) according to established rules.

To register an inheritance, 6 months are provided, during which the heir or heirs submit an application to a notary with a claim to the property. The inheritance of the share will be formalized in the presence of a package of additional documents.

A will under a condition has its own design features. How to find out whether there is a will or not? See here.

What is the price of a will? Details in this article.

A real estate appraisal is needed so that you can calculate the amount of state duty that will need to be paid.

The inheritance certificate is drawn up by a notary. Subsequently, the heir registers ownership of the inherited property.

If the heir decides to renounce his share in favor of another person, then this action is also notarized. A complete refusal is issued once and for all.

A sample application for renunciation of inheritance is here.

Required documents

The standard documentation package includes:

1. Death certificate.
2. A document proving the fact of relationship.
3. An extract from the house register confirming the fact that the deceased lived at this address, which gives grounds to contact this particular notary office.
4. Will (if any).
5. Refusal if the heir wishes to renounce his share.
6. Evaluation of each item (object) included in the estate.
7. Receipt of payment of the notary state fee.

When you first contact a notary, you may not have any documents on hand. You have 6 months to create a complete package. It is not recommended to delay the initial application itself, so as not to miss the deadline. The terms will have to be restored in court.

What to consider when buying an apartment (share)

The main difficulties in the purchase process lie in the need for the buyer to monitor compliance with legal standards when reviewing the documents provided. Deviation or disregard by the seller of established standards, such as:

• violation of the pre-emptive right during purchase;
• failure to comply with the established terms of the pre-emptive right;
• lack of notarized consent of other owners.

A transaction made with such violations will be declared invalid. Personally participate in the process of signing the contract.

The transfer of funds should be carried out only after receiving confirmation of the transfer of ownership and an extract from Rosreestr on the granting of ownership of the object of the transaction. The entire process of selling or purchasing an apartment in shared ownership must be provided with qualified legal support.

Features of registering a share of a privatized apartment with a notary

The notary has the right to charge a state fee for services provided to heirs. Its size is regulated.

In addition, additional amounts may be charged locally for the provision of technical services.:

• filling out applications;
• certification of copies of documents;
• reproduction of papers;
• certificate of renunciation of inheritance.

As a rule, heirs can contact any notary office. If the cost of services between them differs significantly, then this makes sense. However, only prices for technical services may differ. State duties for inheritance are determined by law and do not change.

Amount of state fee for a notary

The amount of the state duty is determined in Art. 333.24 Tax Code of the Russian Federation. It is influenced by the close relationship of the heirs with the testator, as well as the value of the property (share in the apartment).

The spread looks like this:

When calculating the amount of state duty, the heirs have the right to present to the notary any estimate:

• inventory;
• cadastral;
• market

The main thing is that the assessment is carried out by an appraiser who is a member of the SRO (confirmed by a certificate). Otherwise, it will not be evidence for the notary or for the court.

According to Art. 333.35 of the Tax Code of the Russian Federation the following categories of citizens are exempt from notary state fees:

1. Participants and disabled people of the Second World War.
2. Heroes of the USSR.
3. Knights of the Order of Glory.
4. Heroes of the Russian Federation.
5. Those who lived with the testator.
6. Minors.
7. Heirs of the politically repressed.
8. Heirs of military personnel and employees of the Ministry of Internal Affairs of the Russian Federation who died in the line of duty.
9. Incapacitated heirs under guardianship.

There are also discounts on payment: disabled people of groups I and II pay half the fee. The benefit and exemption from duty must be confirmed by submitting the appropriate document.

Registration of ownership of part of a privatized apartment

Only Rosreestr has the right to register real estate. To register the inheritance, contact the territorial division.

All papers can be submitted to the local MFC, or sent by letter. There is no point in delaying this procedure, even if you already have a certificate of the right to inheritance, since only after it will the registration of a share in the privatized apartment be completed.

Required:

1. Complete the standard application.
2. Provide a certificate of inheritance, a check for payment of state fees, a passport, and real estate papers.

No further participation of applicants is required. A notification will be sent to them upon completion of registration. From this moment on, you can additionally order an extract from the Unified State Register, which is currently the only document proving the registration of ownership of real estate.

State registration fee and personal income tax when inheriting an apartment

The size of the state duty is standard when registering real estate as a property:

• for individuals – 2000 rubles;
• for legal entities – 22,000 rubles.

However, in case of registration of a share in real estate in an apartment building on the basis of common ownership, the amount of state duty is 200 rubles.

Successors are exempt from paying personal income tax for receiving an inheritance. The only thing is that in the case of real estate, those who decide to sell it earlier than 3 years after the death of the testator will have to pay 13% to the state of the estimated value of the share in the apartment.

Required documents

You can determine the size of shares and secure ownership of a real estate property if you have the following documents:

• an agreement on the division of property and the determination of shares in it, drawn up voluntarily by all owners;
• certificate of inheritance or other document on the basis of which a person can become a co-owner of real estate;
• marriage contract - if it was concluded, marriage registration certificate;
• a decree issued by a judicial authority.

You also need to prepare documents for the apartment - technical passport, floor plan.
To register a document with Rosreestr, you also need to pay a state fee and present a receipt. You need to register ownership through the Rosreestr service, but you can submit documents at the nearest branch of the MFC, cadastral chamber, or online on the State Services website. It takes a certain amount of time to check documents, most often about 10 business days, provided that all papers have been submitted and there are no typos.