Dividing a house is not as simple a procedure as it seems at first glance. The fact is that most of the real estate falls under the definition of indivisible property and, accordingly, is not subject to division. However, discord may arise in the relationship between the owners and they begin to look for solutions on how to divide the private house they own.
The division of a residential building does not contradict current legislation and we will tell you how to do it. Please note that along with the house, the land plot and the outbuildings located on it are divided . How to divide real estate to take into account the interests of each party? Let's consider the possible options.
Method No. 1. Peaceful agreement
The best option to divide the house would be a peaceful agreement between the owners. In this case, the home ownership does not lose its status as an integral piece of real estate, it simply becomes shared ownership.
From a technical and legal point of view, this is the easiest way to remodel a house for two owners. In this case, the division of the house occurs on the basis of an oral agreement or written agreement between the owners. It is better to choose the second option and have the drafted agreement certified by a notary office. This will help avoid property disputes in the future.
Before dividing your home, include the following in your agreement:
- current costs of maintaining the house;
- Payment of utility services;
- procedure for operating common areas (kitchen, bath, toilet, corridor).
When concluding a peace agreement, do not forget about dividing the land. Although if you plan to live together in the future, then this item is optional.
If there are difficulties in determining the share of each owner, then the problem can be resolved through the court. However, this is not the best option. The judge will not take into account the interests of the owners, but will simply suggest a compromise solution that will suit each of the parties.
If a compromise is not reached, the legal battle could drag on indefinitely. In this case, allocating a share in kind is suitable. We'll look at this option a little later.
Even in case of agreement, the house must be divided into two separate living spaces. In some cases, this will require redevelopment of the building. Construction work must be legalized and an expert report must be obtained that the changes made to the design will not lead to the destruction of the house.
Method No. 2. Dividing a house into two separate buildings
Dividing a house into two separate buildings is called allocating a share in kind. The essence of this method is to transfer to each of the parties an isolated room suitable for habitation . This is the most common way of dividing a home between two owners.
The main advantage is that each owner can sell his share without the consent of the other homeowner. Please note that this method is not suitable for dividing single-family houses; in this situation, you will have to look for other ways to solve the problem.
The allocation of a share in kind is possible subject to the following conditions:
- each owner must have a separate entrance;
- the allocated part of the property must be suitable for living;
- living quarters are completely isolated;
- division of the land plot is mandatory.
If the building is in disrepair or dilapidated condition, or is unsuitable for habitation, the allocation of a share in kind is impossible even in court.
As in the previous case, it is better to divide one building into two houses through a peace agreement. Unlike the previous method, allocating a share in kind involves paperwork. Here's what you need to prepare:
- Legalize redevelopment and make changes to the technical plan of the house. When allocating a share in kind, redevelopment is almost always carried out.
- A complete package of documents is drawn up for each part of the house. In particular, a technical and cadastral passport is ordered. The division of the land plot is carried out by land surveying, about which there must be a corresponding document. All outbuildings on the site are also registered with the state.
- A written agreement is drawn up between the owners on the allocation of a share in kind. If the division does not occur in equal shares (one half of the house is larger), monetary compensation is negotiated.
- The package of documents is submitted for consideration to Rosreestr. If the division of real estate does not contradict current legislation, then in two weeks each of the newly created owners will receive ownership of part of the house and the surrounding territory.
If a peaceful settlement is impossible, then the allocation of a share in kind occurs through the courts. Please note that any of the owners can file a claim. This is a rather troublesome option that will require significant financial costs from the plaintiff.
The fact is that a technical plan for dividing the house must be attached to the claim. If this document is missing, the court appoints an independent expert examination, which determines options for dividing the property. The costs naturally fall on the plaintiff.
It is worth noting that if the appointed expert neglects his duties, you will most likely receive a conclusion that it is impossible to divide the building. Accordingly, there will be no grounds for litigation. If you decide to go this route, then take care of the technical documentation in advance.
How to divide a house and land into two owners
The resolution of the RF Armed Forces also defines cases when we are not talking about redevelopment, and, therefore, permission to carry it out is not required. This situation is possible if the refurbishment of the house does not affect the safety of the house, its design, or does not entail other significant changes in the urban planning parameters of the house. It is worth remembering that the issue of redevelopment is more a construction issue than a legal one. Therefore, before carrying out it, it is necessary, first of all, to consult an experienced construction specialist. It is these specialists who will be able to offer both the most optimal option for forming two isolated parts and determine the need to carry out work on redevelopment of the building.
If the plaintiff does not prepare a draft section, then the task of preparing versions of the section will be assigned to the expert. In this case, the examination will cost a considerable amount, and no one guarantees that the expert will be able to offer an acceptable option for the section. Many experts treat their duties negligently and prefer to conclude that partition is impossible in principle, rather than rack their brains and come up with options for partition, reconstruction, redevelopment, etc.
How to divide a semi-detached house into two houses
Situations arise when a two-flat house appears in a real estate division case. At first glance, everything is simple: the building was originally intended for separate residence, there are separate entrances and even two apartments are registered at the same address. But when submitting an application to Rosreestr, the owners are denied registration of property rights. There is only one reason: the house received the status of an apartment building, but the land belongs to the category of individual housing construction. What to do in this case?
First, you will need to convert the house into common shared ownership. Accordingly, each owner receives ½ share in the house. This will help confirm the intended use of the land. After all, the house ceases to be an apartment building. Then the owners collect the necessary package of documents and write an application for the allocation of shares in kind. We described above how this procedure occurs.
Please note that if the house you want to divide was built after 2006, you will need a building occupancy certificate to allocate shares . For this purpose, a commission is appointed that determines the fire and sanitary conditions of the house and identifies violations committed during construction.
Rosreestr will not register property rights until the identified violations are eliminated. If the house falls under the dacha amnesty law, this document is not required.
To minimize problems with dividing a house, we recommend using the services of a qualified lawyer. The specialist will advise you on how to resolve the problem out of court or help you defend your interests in court.
When a private house belongs to several owners, it may be necessary to divide the living space between the owners. The complexity of the procedure depends on the layout of the house, the size of the owners’ shares and the specifics of local town planning regulations.
Young family program after divorce
Alexey Petrenko, hello. Conditions for participation in the program The conditions remain the same, namely: only those families whose housing area per member is smaller than that established in the region of their residence participate in the program;
spouses must be adult citizens. One more nuance - the age of both should not exceed 35 years at the time of submitting an application for participation in the “Young Family” program; Families who have their own housing are not allowed to participate. The government puts on a waiting list only families who really need an apartment or house; cohabitation of spouses; minimum income for two - 21,621 rubles, for three - 32,510 rubles; at least 1 child in the family; all family members, including children, must be citizens of the Russian Federation. Subsidies can be used for: the purchase of residential premises; building your own home; contribution to the housing cooperative (housing construction cooperative) to register ownership of the apartment; down payment on mortgage; repayment of debt on a mortgage or other housing loan issued before January 1, 2011. If you meet all the above criteria and are ready to comply with the necessary points, start collecting a package of documents. My husband does not live with us now and does not communicate with our children. He doesn’t want to deal with the division of property and doesn’t help with money. I am on maternity leave and all responsibilities for the mortgage and child support are on me. And as I understand it, I will be the one dealing with the division of property and divorce. And he doesn’t give consent to anything at all? What to do in this situation? I'm ready to pay my mortgage.
Procedure for dividing into two families
The right of owners to divide common housing into shares is enshrined in Art. 252 of the Civil Code. The division of a house into two families means the allocation of a share of the common property to each family.
Each family is allocated the number of rooms and non-residential premises in the house, the area of which corresponds to the total size of shares owned by family members.
In this case, it is not allowed:
- Separation of separate rooms without installing a partition;
- Leaving important non-residential premises (kitchen, bathroom) in the ownership of one family;
- The allocation of living space to one family is less than the minimum established for a given family composition in a given region.
The minimum area is determined by the laws of each region separately; the national average for the minimum living area per person is 14 square meters. m, for a family of two people – 25 sq. m, for a family of three – 40 sq. m.
If the house is in common joint ownership, then before dividing the shares, their sizes should be determined.
In general, the division of a house between families occurs in the following way:
- Determination of the share belonging to each family;
- Contacting an architectural and planning bureau;
- Drawing up a project for dividing the house;
- Coordination of the project with the BTI engineering service;
- Carrying out redevelopment work (if necessary);
- Obtaining new technical plans;
- Registration of rights to the received parts of the house.
Information on the shares owned by families is contained in the Unified State Register of Real Estate. Family members can obtain an extract by contacting the MFC with a passport.
The architectural bureau is developing a redevelopment project in such a way that each family is allocated an area in accordance with the size of its total share. When planning work, specialists take into account the engineering safety of the work and the location of long-term communications.
The section will require the following documents:
- Cadastral passport for the plot under the house;
- Extract from the real estate register about the owners of shares;
- Technical passport for the building;
- Copies of owners' passports.
If the BTI service or Rosreestr refuse to approve the house project and register ownership, the share owners can challenge the refusal in court, for this it is necessary to obtain an independent engineering examination that proves the safety of the planned work.
In case of divorce
Divorce involves dividing all the property of the spouses equally. If spouses do not agree with dividing the area of the house into two equal parts by default, they turn to the courts. The further procedure for dividing the house depends on the court's decision.
In case of divorce, the draft division is drawn up on the basis of a court decision on the distribution of shares between the former spouses.
If one of the spouses’ share turns out to be less than the minimum required for living under regional law, then such spouse is paid compensation instead of allocating part of the house.
In this case, the house is not divided. In other cases, the division is carried out in accordance with the general rules.
How to divide an apartment built on credit after a divorce
That is, in your case, the property will be divided equally, but the interests of the child will be taken into account, with which parent he will remain. The amount of compensation paid to one of the former spouses for a share in the construction of an apartment during its division is determined taking into account the actual value of the apartment at the time the dispute is considered in court. And your spouse or you can pay this part, and then the apartment will remain for him or you, respectively.
Cash on a preferential loan should be recognized as the common joint property of the spouses. When dividing property in the event of a divorce, the part of the apartment built with loan funds must be subject to division as formed from the common funds of the spouses. Unless otherwise provided by law or a marriage contract, the shares of participants in common joint property are recognized as equal. In some cases, the court may deviate from the beginning of equality of shares, taking into account the interests of minor children or the noteworthy interests of one of the spouses. The share of one of the spouses, in particular, can be increased if the other spouse avoided working or spent common property to the detriment of the interests of the family (Part 1 of Article 24 of the Code of Laws of the Russian Federation).
Shares in kind
If, after drawing up the project, it turns out that it is physically impossible to divide the house into shares without changing its design, then redevelopment work is carried out. During the redevelopment the following work is carried out:
- Interior partitions are installed and demolished;
- Staircase openings are being rebuilt;
- Additional entrance doors are installed;
- Load-bearing walls are moved.
These works are carried out according to the design of the architectural bureau, approved by the BTI, so that the redevelopment is legal.
Redevelopment can be of two types:
With the internal type, the load-bearing walls do not change the main location, but only the configuration of the internal partitions between rooms changes and an additional entrance door is installed.
The external type involves dividing the house into two separate buildings with separate addresses for each owner.
Physical separation is not possible for all houses, since according to urban planning requirements, the distance between residential buildings in the private sector cannot be less than 6 meters.
To divide the house into two separate buildings in kind, the owners of the shares rebuild the middle part of the house into a common garage with a major partition in order to use 6 meters, rather than leaving empty space between the houses.
We divide the house into apartments
One of the options for dividing a private house into isolated parts belonging to individual owners is to divide such housing into apartments with subsequent transfer from a private building to an apartment building.
To do this, the common premises in the house are rebuilt into separate apartments, after which they contact the administration with an application to transfer the house into an apartment building.
To transfer a private house to an apartment building, owners must:
- Contact an architectural firm to create a project;
- Approve the created project in the BTI and public utilities;
- Hire a contracting company and carry out work to renovate the house;
- Contact the administration to change the type of permitted land use of the site;
- Write an application to the Town Planning Committee to transfer the house to an apartment building.
Employees of an architectural firm create a project, according to which contractors make entrances to apartments inside the house and perform other work.
Private houses are located on plots intended for individual housing construction, so it is necessary to change their additional type of permitted land use to “Land for low-rise construction”.
This transfer occurs through public hearings in the administration. As arguments, the owners of the house cite the need to divide the house into separate apartments.
After changing the purpose of the site under the house, the owners again contact the administration with a statement outlining the need to transfer a private house to an apartment building on the basis of:
- The actual condition of the house;
- Changed purpose of the site.
The application is considered for 30 days, after a positive response, the owners receive new technical passports from the BTI, and on their basis they register ownership of the apartments in Rosreestr.
During reconstruction
Reconstruction means changing the architectural appearance of a building by changing the facade, location of entrance doors and other elements.
If it is necessary to divide a house during its reconstruction, then the work plan must be drawn up in accordance with the size of the shares into which the building needs to be divided.
To divide a house for reconstruction, the following actions will be required:
- Drawing up a reconstruction project in a planning office;
- Coordination of the reconstruction project with each building owner;
- Approval of the project in BTI;
- Making necessary changes to the project;
- Concluding contracts with contractors and carrying out work;
- Registration of new property rights.
It is better to assign the project approval stage not after the project has been submitted by the office staff, but at the stage of its development, so that you do not have to apply again.
Approval of the project by the BTI is the final stage of approval, at which planned changes in the design of the house are approved by utility services.
The services evaluate the safety of the planned reconstruction for water, gas and electrical communications; without their positive conclusion, reconstruction work is prohibited.
After completion of all work, the project is accepted by the construction organization. To draw up a new technical passport for each building, employees of the BTI engineering service make measurements and the necessary calculations.
The final stage is entering information into the unified real estate register about new parameters of buildings and their owners.
The division of a house into shares occurs at the initiative of the owners of such shares by separating them from the common property. The division of a private house into shares or separate apartments occurs with the mandatory participation of construction specialists and representatives of government engineering services.
Russian legislation allows the division of a private house into two or more owners. Such division is possible both on the basis of a settlement agreement and through the court, having sufficient grounds for this.
Household ownership cannot be officially divided, sold, or donated if it is considered dilapidated and dangerous for habitation.
How to get timber to build a house for a young family
So, for the construction of a residential building you can get up to 100 cubic meters. m of wood. Outbuildings require another 50 cubic meters. m. For major repairs and reconstruction of a private house - 30 cubic meters. m. For the repair of an apartment wooden building - 25 cubic meters. m. The cost of the material is calculated based on the tariff of 170 rubles. for one cubic m. In total, everyone can buy in the forestry.
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2. In places of traditional residence and economic activity of persons belonging to the indigenous peoples of the North, Siberia and the Far East of the Russian Federation and leading a traditional way of life, these persons have the right to freely harvest wood for their own needs based on the standards established in accordance with part 5 of this article.
What is a real division of a house in kind?
Features of shared ownership
A share in a private house may arise in the following cases:
- inheritance of home ownership together with other persons;
- buying part of a house;
- division of home ownership by mutual agreement of the parties;
- based on a court decision.
The common ownership of real estate can be equal in area or delimited according to the technical plan of the house. It should be remembered that ownership of any property implies not only the ability to dispose of it at your own discretion, but also responsibility for its maintenance.
Any expenses associated with real estate are divided according to shares and paid by each of the owners.
Limitations and features of shared ownership:
- The owner of the share can sell his part of the home ownership, but only if the other owners refuse a joint transaction for the sale of the entire property and do not apply for the redemption of the share put up for sale. In order to avoid legal disputes in the future, it is necessary to notify your co-owners in writing several weeks before concluding a purchase and sale transaction with a third party and receive a written negative response from them. It is advisable to send a valuable letter so that if there is no response from the co-owner, you will have confirmation of his notification.
- A share in a private home can be rented out to third parties on the basis of a lease agreement only if there is written permission from the other owners of the common property.
- Replacement of general communications, roofing and other construction work that affects the quality of life of each owner can be carried out only after the unanimous recognition of each owner’s share of their relevance.
- Since 2020, all transactions for the sale or donation of a share of private home ownership must be registered with a notary.
Division of a house during and after divorce
As a rule, the desire to divide real estate among spouses arises when their family life begins to crack, that is, immediately before or during a divorce. Some spouses postpone the process of dividing property “for later”, preferring to solve problems gradually: first a divorce, then division of property. How to divide property in marriage was discussed above. Let us dwell in more detail on the division of a house during a divorce and after a divorce.
The partition order in the above two cases is not very different.
The parties have the right:
- divide the house voluntarily by concluding an appropriate agreement with a notary;
- divide the house in court.
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Procedure and rules for dividing a private house into shares
Once the possibility of dividing private home ownership into shares has been confirmed by representatives of the administration, you can begin collecting documents. The following list of documents is provided to the cadastral chamber:
- a copy of the pages of the passport containing information (a copy of the passport of the current owner of the house, as well as those who apply for a share);
- cadastral passport for the plot of land under the house;
- documents confirming the fact of ownership of the house and land;
- technical passport for home ownership;
- documents confirming the right of each applicant to a share of property;
- court decision (if any).
Once all issues with the City Administration have been resolved and the boundary plan is in hand, you can begin collecting documents for submission to the MFC. The following documents will be needed:
- a copy of the applicant’s passport (pages with information);
- a signed application according to the sample provided to the MFC;
- boundary plan in the original;
- permission from the Administration to divide a house and land plot into separate property objects and assign a separate address to each object.
Division of a house without going to court
If the division of a private house occurs by common consent of all parties, then a Settlement Agreement , which will be the basis for further actions. In this case, a representative of all interested parties contacts the Administration with a Settlement Agreement, a Cadastral Plan of the Land Plot and a Technical Data Sheet for the building.
Based on these documents, the Administration must issue either permission to divide the house or a refusal.
Division of a house through court
If the parties were unable to reach a common agreement, then the situation can be resolved through the court. For this purpose, the plaintiff prepares an application in two copies. One copy of the application is sent to the court, the other is sent by registered mail to the defendant.
Along with the application, the plaintiff must provide:
- documents confirming the carrying out of appraisal work on the property and establishing its market value;
- documents confirming the plaintiff’s right to claim part of the share;
- a paid receipt for all necessary duties.
