Is it possible to acquire shared property between spouses?

What is the acquisition of living space in a share

It is worth recognizing the forms of registered real estate rights:

• sole ownership - registered in the name of the 1st owner. Moreover, if the owner is married, the asset is recognized as jointly acquired;
• common property - registered in the name of the legal husband and wife;
• shared ownership - for two or more owners who are not a married couple, as well as persons who have a marital contract with a special regime of ownership of a jointly acquired asset.

Receipt of an estate under single share ownership does not entail notarization provided that:

1. The alienating person has sole authority over the living space and is not incapacitated. In case of purchasing an apartment during marriage, a notarized permission of the other half is required.
2. Persons alienating an object of real estate have it under the right of general joint management and are also not incapacitated.
3. When purchasing a share of an apartment in shared ownership, whether spouses or non-spouses, the shareholder needs to take into account that his right is not the area of ​​the territory or a specific room. In this case, this is that part of the premises in percentage terms that belongs in accordance with contractual relations.

In most cases, shared ownership is real estate acquired by shareholders through inheritance or received as a gift. The division of parts in such an apartment area is possible both on the basis of a court decision and by mutual consent of all shareholders. One of the managers is entitled to a portion corresponding to the number of shareholders or the largest or smallest volume or in kind.

When does shared ownership arise?

By default, a joint property regime is established between spouses. However, if they wish, they can change this regime to a contractual one. It's possible:

1. When signing a marriage contract, which applies to all things and property belonging to the couple. It can be concluded both before the wedding and during married life. The agreement is valid both in relation to material assets already present in the family, and in relation to things that are expected to be acquired in the future.
2. When signing separate agreements for acquired or newly created property. Most often, contracts are drawn up in relation to real estate. Based on such an agreement, the apartment is registered as the shared ownership of the spouses.

Distribution of mortgage interest deduction

In the case of purchasing an apartment on a mortgage (or other housing loan), the owners (if they are co-borrowers) have the right to distribute the interest deduction in any proportion at their request by drawing up a corresponding written application to the tax authority (Letter of the Federal Tax Service of Russia dated May 23, 2016 No. BS -3-11/2315).

Example: In 2020 Bogdanov N.P. and his father Bogdanov P.D. bought an apartment for common shared ownership worth 3 million rubles. (each owner's share was 1/2). To purchase an apartment Bogdanov N.P. and Bogdanov P.D. issued a mortgage loan in the amount of 1.5 million rubles, in which we acted as co-borrowers. Since Bogdanov P.D. small official income, they decided that the son would receive the entire mortgage interest deduction. To do this, together with a set of documents for the deduction, they submitted a written application to the tax authority for the distribution of the deduction on credit interest (100% to N.P. Bogdanov and 0% to P.D. Bogdanov). As a result of the purchase, both owners will be able to receive a deduction in the amount of 1.5 million rubles. from the purchase price of the apartment (return 195 thousand rubles). Bogdanov N.P. will also be able to receive a credit interest deduction (return 13% of the mortgage interest actually paid).

What is the difference between joint and common shared ownership

Both property regimes are of the same nature and imply the presence of several owners of the same material assets and property. But there are also differences between them. With joint ownership, all things, property and real estate are in the possession of both family members. Husband and wife have equal rights to everything and can jointly manage and dispose of all their property. An apartment that is owned by both cannot be sold by one of them without the permission of the other. If one of them makes a transaction without the knowledge of the other, then within a year it can be challenged by the party that did not take part in it. Such transactions are declared illegal by the court.

Shared ownership of an apartment by spouses means that each of them has their own allocated part in this apartment, which they can manage and dispose of as they wish. The shares may or may not be equal. The size of each share is determined by mutual agreement between them. If you want to sell or donate your part, you do not need to obtain permission from another family member. However, before selling your part, you must first offer it to the other spouse, since he has the first right of redemption. Having received a refusal, you can sell it to anyone.

Spouses: buying a home in shared ownership

Since the purchase of housing by spouses implies that there will be joint ownership, and not shared ownership, the procedure for registering such a transaction has a number of its own nuances.

When selling housing purchased in joint ownership, you will need to obtain consent with notarization from your spouse.

On a note. Despite the fact that during a transaction of acquisition of joint ownership it is necessary to decide on the issue of for whom the documents will be drawn up, in reality this aspect does not play a significant role, since regardless of who the contract is concluded for, both spouses have equal rights in relation to housing.

Taking care of simplifying the situation in the event of a possible divorce, the husband and wife have the opportunity to use any of three methods:

1. Re-register and re-enter a new agreement for two.
2. Draw up an agreement between each other, where you note the size of each person’s share in the event of divorce.
3. Initially, carry out a reasonable drafting of the marriage contract.

Spouses, if desired, can draw up documents not only for one, but also for two at once. In this case, if registration is made in the name of both spouses, you will need to allocate a share and be sure to indicate in the papers exactly which share belongs to which of the spouses.

One way to get rid of the danger of further disagreements is to conclude a marriage contract. It should indicate in detail what property the husband and wife had before their marriage. From here it will be easy to find out what property was acquired during the marriage and, accordingly, should be divided during a divorce. Among other things, the contract can specify the ratio of shares of each spouse in jointly acquired property upon its acquisition and upon divorce.

Keep in mind! Concluding an agreement is the most civilized and preferable option, due to the fact that it can indicate not only the amount of shares for each person in the purchased apartment, but also indicate the right of ownership of all other things and valuables.

Rules for purchasing housing by spouses under DDU

Today, a huge number of married couples prefer to buy real estate at the construction stage. When purchasing jointly, they invest common family money into the shared project. In this case, a share participation agreement can be concluded for two spouses or for one. In principle, this does not matter much, since from the point of view of the law, the rights of both to this apartment are equal.

It also doesn’t matter who will register the finished apartment. The shareholder purchasing the housing and his other half will have equal rights to this property. In the event of a divorce, housing will be divided equally between them. If one of them appears in the DDU, then in order to draw up and register the agreement, it is necessary to provide the consent of the spouse to conclude a share participation agreement. The document must be notarized.

The situation described above applies when the family has a default legal property regime. Events will develop completely differently if the couple has signed a prenuptial agreement, which transfers all material relations in a given family to a contractual regime. In the agreement, the spouses themselves determine the terms on which the property will be divided between them and determine the size of each person’s share in the purchased housing. Under these circumstances, it is not necessary to obtain the consent of the spouse to conclude a DDU, since this apartment is not considered their common property. Each of them owns only his share, determined by the previously signed agreement.

Step-by-step instructions for selling a real estate share

To purchase an apartment immediately as shared ownership, you must follow a certain algorithm.

Stages of searching and registering real estate:

1. We enter into an agreement with a realtor or search for housing ourselves.
2. We discuss the terms of purchase with the seller.
3. We conclude a purchase and sale agreement in which we immediately indicate the size of the shares due to each of the spouses.
4. We transfer the money to the seller.
5. We register property rights in Rosreestr.

After the purchase and sale agreement has been concluded, it is necessary to register ownership rights with Rosreestr. To do this, you should prepare a package of documents and submit it to the registrars.

You will need:

• passports of all participants in the transaction;
• applications for changes to the register;
• contract of sale;
• receipt of payment of state duty;
• registration certificate for the apartment from the BTI.

14 days after submitting the documents for consideration, each spouse will be given extracts from the Unified State Register of Real Estate, which will be documents confirming ownership of their shares.

Expenses

Apart from rent, the only main expense is the state fee of 2,000 rubles.

Additionally, funds may be required for:

• realtor services - usually paid as a percentage of the transaction value;
• notary services – from 2000 rubles.

Example. The Petrov family decided to improve their living conditions and, having sold two one-room apartments, which each spouse inherited from their grandmothers, bought a spacious three-room apartment. Since the money for purchasing the apartment was not spent jointly, and the wife invested an amount twice as much as the husband’s, it was immediately decided to register the new apartment as shared ownership. Petrov received one large room, and Petrov two small ones. After consulting, the spouses decided to limit themselves to drawing up an agreement on the division of property. After 2 years, the family broke up, Petrov moved in with relatives, and his ex-wife purchased a large room with a mortgage. The couple did not have any disputes or disagreements regarding the division of the apartment, since the joint purchase was correctly distributed at the initial stage.

Having clarified the comparison of regimes, we move on to a review of instructions for purchasing housing in the shared ownership of spouses. Let's say right away that the process differs from the standard one.

Before registering property rights, you will need to consider drawing up a prenuptial agreement.

Step-by-step algorithm

The following stages follow each other in the following sequence:

1. First, draw up a draft marriage contract

Describe how the apartment is divided, who gets the shares, whose fractions will be larger and whose fractions will be smaller, etc.

1. Secondly, have the contract approved by a notary

Go to the nearest notary office: draw up a marriage contract, discuss the nuances. If the contract has already been drawn up, submit it to a notary for certification. Before this, you need to pay for the services of a specialist - usually the money is transferred directly at the notary’s office through the assistant secretary.

1. Third, find a suitable apartment

Pay attention to the area, infrastructure, ecology, number of floors, wear and tear of the house, neighbors and other factors. Keep in mind that a 1-room apartment is divided into ideal shares - conditionally. It will not be possible to imagine them in the form of living rooms under any circumstances.

1. Fourth – conclude a purchase and sale agreement

Together with him, or rather before him, you can sign a preliminary purchase and sale agreement. Simultaneously with the contract, the parties draw up an act of acceptance and transfer of the apartment. The size of the shares of the husband and wife must be stated immediately - strictly according to the terms of the marriage contract.

1. Fifth - pay the seller

It makes more sense to rent a safe deposit box. Once you sign the documents, tell the seller the code to the safe and he can collect the money. The new copyright holders will have the apartment at their disposal.

1. Sixth – register the transaction in Rosreestr

Contact the nearest branch of the MFC (now the brand is “My Documents”) and submit the documentation. The information will be sent to the Rosreestr authority, from where the spouses will receive documents on ownership of the object. All you have to do is come to the department and receive a ready-made sample - a paper or electronic extract from the Unified State Register of Real Estate.

From now on, spouses become shared owners and can dispose of their property... but not jointly, but within the framework of percentages.

Immediately after jointly purchasing an apartment in shared ownership, spouses are required to allocate shares:

• equal or unequal (⅔ and ⅓);
• definite or indefinite (¼ of the housing in the form of a room of 20 square meters).

There are no restrictions - the main thing is that the owner receives a share no less than the social housing norm per person - usually from 9-12 sq. m. meters and above. Subjects of the Russian Federation establish such norms in accordance with social policy.

It is advisable to establish shares at the stage of drawing up a marriage contract. To avoid confusion, disputes and deception, seek advice from the lawyers of our portal.

List of documents

The spouses will have to collect and prepare the following documents:

• passports;
• original marriage contract;
• birth certificates of children - if you plan to allocate shares to minors.

On the part of the buyer, a document confirming the ownership of the apartment is required - a color certificate or a new extract from the Unified State Register of Real Estate, a document of title in the format of an agreement or certificate (for example, on the privatization of residential premises).

When submitting documents for registration to the MFC or Rosreestr, the spouses attach a purchase agreement to this list.

How long will it take?

So, you have decided on an apartment, found a seller, discussed important conditions and are preparing for registration. What are the terms for purchasing and registering housing in shared ownership:

• drafting a marriage contract – from 1 to 7 days;
• approval by a notary – within 24 hours;
• paperwork with the seller – 1-3 days;
• transfer of documents to the MFC or Rosreestr – 10-15 minutes;
• Waiting for a response and statement is from 4 to 10 days, not counting holidays and weekends.

Of course, the timing varies from person to person, but in general the process does not take much time.

State duty, expenses

Let's estimate how much money will be spent on paperwork:

• apartment price – by agreement;
• drafting a marriage contract with the help of a notary – from 1,000 to 5,000 rubles;
• certification of the marriage contract – 500 rubles;
• notary services (UPTH) – from 1,000 rubles and above;
• state fee for registration of property rights (state duty) - 4,000 rubles for both, 2,000 rubles for one spouse.

Please note that costs may also be associated with the services of an appraiser. For example, if the spouses decided to evaluate the apartment before purchasing it. The tariff is set by a private company, and all the nuances are discussed in person.

Working citizens of our country have the right to a tax deduction (Article 220 of the Tax Code of the Russian Federation). There are no exceptions in the case of purchasing housing in common shared ownership.

Expert opinion

Alexey Petrushin

Lawyer. Specialization: family and housing law.

A tangible benefit compared to the deduction for joint ownership of an apartment is the benefits for both spouses at once, and not just for one of them. Let us remind you that in case of joint ownership, either the husband or the wife has the right to a property deduction - the second spouse writes a refusal.

You can receive compensation from the state in proportion to the acquired share in the apartment. The size of the tax benefit for individuals depends on the price of the property - the maximum amount of an apartment should not exceed 2 million rubles (clause 1, clause 3, article 220 of the Tax Code of the Russian Federation), and in the case of a mortgage - 3 million rubles from the interest on the loan. Spouses can take advantage of the deduction within the framework of one transaction, but if the amount is less than the maximum norm, the balance is transferred to the next transactions with housing (purchase, construction, pre-term housing).

The tax deduction is associated with the payment of income tax - personal income tax, so spouses will not be able to return more than 13% of the amount paid.

It is worth noting that it is impossible to sell part of the housing that is in common rather than shared ownership. You need to enter the market only if you have a document of ownership. The supporting document is an extract from the Unified State Register. How to buy an apartment in shares (step by step instructions):

1. The buyer must independently ensure that the rights of other shareholders are not violated. It is better to check for a written refusal to purchase.
2. Preliminary discussion of the terms of the transaction. It is necessary to ensure that the sale price is not lower than the price offered to other partial owners.
3. Signing the purchase and sale agreement. The document is signed by both the buyer and the seller.
4. Signing the transfer and acceptance certificate of real estate. You need to pay attention to this document, since the parties often neglect to sign it. In this case, it is impossible to make claims regarding the improper condition of the object.
5. Registration of the agreement in Rosreestr. Obtaining documents confirming ownership.

Answering the question whether a notary is needed when buying an apartment in shares, the answer is unequivocal: it is necessary. Without notarized registration, Rosreestr will not accept a sales contract for registration. Therefore, the operation will not have legal force.

There are no specific features for the buyer himself. They are there for the seller. It is he who must carry out all the required actions so that he does not become a defendant in legal proceedings.

Algorithm

As already mentioned, if spouses purchase an apartment, it usually ends up in joint ownership. However, there are options in which it will be registered as shared ownership.

Thus, in order to register shared ownership of an apartment for spouses, the following steps must be taken:

1. Find a seller who is going to sell the apartment and agree with him on the terms of purchase.
2. Conclude an agreement with the seller, indicating the size of the shares of each of the buyer-spouses.
3. Use funds that are not jointly owned to pay for the purchase.
4. Submit documents to Rosreestr (directly, through the MFC, by mail or through the State Services portal) and register the right in the Unified State Register of Real Estate.

In the event that the buyers are spouses, what is important is not the procedure for purchasing the apartment itself, but the origin of the funds used or the established legal regime of property of the spouses. Spouses can change the legal order in the following ways:

1. By concluding a marriage contract . It can be concluded both before the marriage is registered in the registry office, and at any time while the marriage is still valid. It is important that the contract stipulates that property and funds acquired during family life are not joint property, but are owned in common or belong to each of the spouses individually.
2. By concluding an agreement on the division of property . Again, this can be done at any time. Although it is usually used after a divorce, when it is necessary to divide property, Art. 38 of the RF IC provides for this possibility even if the marriage was not dissolved. For example, such an agreement is often concluded by spouses, one or both of whom are individual entrepreneurs, in order to protect family property from possible debt collection.
3. By going to court and obtaining a decision on division . This happens in the manner established by the Code of Civil Procedure of the Russian Federation.

IMPORTANT! In cases where spouses do not go to court, the agreement or contract must be registered with a notary.

Do you need a notary when purchasing housing in shares?

Since 2020, changes have been made to the legislation. According to the Federal Law “On State Registration of Real Estate”, transactions with shared ownership of housing now require that the agreement be certified by a notary . But is this required if spouses buy an apartment?

Oddly enough, no. According to the law, it is necessary to notarize those agreements under which shared ownership is alienated and not acquired. Thus, if spouses purchase an apartment from a seller who solely owns it, they are not required to contact a notary.

However, the absence of an obligation does not mean the absence of a right. According to the Civil Code of the Russian Federation and the Fundamentals of Legislation on Notaries, even when a notarial transaction is not required, the parties have the right to contact a notary and have it certified. This is often used in cases where the parties need additional guarantees for a transaction: a notarial agreement is more difficult to challenge in court.

Types of apartment ownership

It is worth emphasizing here that we are talking only about real estate that the family received as a result of so-called compensated transactions. If the apartment was inherited by one of the spouses, or under a gift agreement, it is recognized as the private property of only this one spouse. True, if the second spouse has made significant improvements to the donated or inherited home, such property will already be considered joint. rubles are provided to the OBJECT of acquisition, and not to each owner. If several people own the property, then the deduction is distributed in proportion to each person’s share, and there is no opportunity to get the rest of the deduction on the next purchase. It is logical to want to redistribute the deduction in favor of one of the owners, so that one receives the maximum amount from a given purchase, and the second retains the right to deduct in the future. The shares are equal. 1/2 each.

That is, divide our shares, our whole apartment into shares. But when we are dealing with the tax office, we can ourselves, by agreement with my wife, agree which share of the apartment will belong to me (for tax purposes and to receive a deduction for this apartment), and which to her.

A simple example: let’s say an apartment costs 3 million rubles. I, as the buyer of an apartment, have a tax deduction in the amount of 2 million rubles. And my wife, let’s say, sits at home doing housework and doesn’t work. That is, what happens? I go to The tax inspectorate and I say that my wife and I agreed (for tax purposes) to determine our shares as follows: that, for example, she owns a third of the apartment, and I own 2/3 of the apartment. The apartment, as we remember, costs 3 million. That is, it turns out that I bought a share of an apartment worth 2 million and I have a tax deduction of 2 million.

• The owners jointly own and use common property, without determining the shares of each of them. A classic example is the ownership of spouses in relation to property acquired during marriage: the husband can dispose of the apartment only with the consent of the wife and vice versa. Moreover, each owner has rights and obligations in relation to the entire apartment or house.
• In the case of joint ownership, difficulties may arise when selling the property: if the other owners do not want to sell this property, you will have to go through the procedure of allocating a share from the common property.
• If housing is jointly owned by several persons, they bear equal responsibility for the fulfillment of tax obligations.

And, in this case, the spouses can agree that, let’s say, she owns 0.1 apartments, I own 0.9. Possible? Possible. Can we document our agreements, by means of an agreement determining the shares? We can. And this will also be legal. Can we go to court with this decision of ours? We can have the court record this decision of ours on the division of common property. That is, what happens: on the one hand, we need the division of shares for the court in case of divorce, but there is another instance when we may need to divide the shares (at a minimum, to indicate which share belongs to which of the spouses). This organization, this authority is the tax office. Please note: dividing an apartment into shares (actually and for the tax office) are two different things.

If a child is involved in the transaction

If a child is involved in a home purchase transaction, the following nuances must be taken into account:

1. If the child is one of the owners of the apartment being sold, permission from the local guardianship authority must be obtained for the sale (Part 3 of Article 60 of the RF IC and Part 2 of Article 37 of the Civil Code of the Russian Federation). Otherwise, according to Part 4 of Art. 21 of the Federal Law “On Guardianship and Trusteeship”, these bodies must challenge the transaction in court.
2. According to § 7 of Chapter 30 of the Civil Code of the Russian Federation and the Federal Law “On State Registration of Real Estate”, children under 14 years of age do not sign an agreement. Either their parents or their substitutes act for them. After 14 years of age, they can be parties to the transaction, but only with the consent of the above persons.

How is the proportion of minors determined?

The share of children in purchased housing is determined according to the general rules of civil law . However, there is one caveat: if an apartment is purchased with money received from the sale of an apartment with a minor’s share, then he must ultimately own no less a share.

That is, relatively speaking, if a child owned 1/3 of the share in the old apartment, then it is no longer possible to indicate and register 1/4 in the agreement - the guardianship will not give its consent to the transaction.

When is a “equity” mortgage?

A shared mortgage is issued only if certain conditions are met. Despite the fact that banking organizations are ready to offer their borrowers different mortgage “scenarios,” each case requires individual consideration.

We present three main reasons why citizens go to the bank to take out a mortgage on their home equity:

1. For the reason, when the borrower already has a certain number of shares, and he wants to receive money in order to become a full owner of the property himself, buying out the remaining share.
2. For the reason when the borrower owns only a single share, but wants to expand and buy at least one more share.
3. For the reason when the borrower, not being the owner of any share, wants to buy a share in the apartment.

How to get a mortgage for a share in a home

1. The borrower collects the documents required by the issuing bank for the mortgage.
2. All existing co-owners issue a written waiver of the right to priority purchase of a share of housing.
3. The bank requests information confirming that the co-owners are not relatives of the borrower.
4. Then the seller provides the bank with: a certificate of ownership and an agreement to obtain information from the house register and the consent of the spouse (if any).
5. Buck begins to consider the possibility of providing a mortgage for the purchase of a share of the home.

Purchase using maternity capital

Today, a significant part of property transactions are concluded with the involvement of state support funds in the form of a maternal certificate. You can purchase housing using a mortgage this way, and the funds can be spent on paying interest, credit debt or a down payment.

When purchasing an apartment with the participation of a maternal certificate in the transaction, shared ownership always arises. In this case, not only the spouse, but also the children receive part of the ownership. This requirement is due to legal requirements, when all family members must receive a share in the purchased apartment. The allocated amount is not clearly stated in the law, so the spouses must come to a mutual decision before completing the documents and going through the registration procedure.

Design features

Establishing shares is possible both at the stage of purchasing an apartment and in already purchased housing. If a married couple wants to determine separate parts of the home when purchasing it, they should only add a clause to the contract stating that there are two owners and decide what share belongs to each.

How to draw up a contract

The legislation does not provide for a specific form of agreement. However, it must contain the following mandatory information:

• date and place of transaction;
• information about the seller and purchasers (husband and wife);
• characteristics of the property being purchased;
• price;
• Payment Methods;
• number of copies.

Many couples do not have thoughts about separation or future division of property. However, in order to avoid problems if you have to get a divorce, each spouse must pay for their share in the apartment independently. In case family issues have to be resolved in court, buyers should keep any paperwork confirming the purchase of their part.

The signed purchase and sale agreement must be submitted to the Registration Chamber of Rosreestr. Registration is carried out by Rosreestr within 10 days. Next, the couple needs to obtain an extract from the register of rights. In it, each spouse will be reflected as the owner of his own share.

Any of the spouses can later sell their part (exchange, sell, etc.) Moreover, in the case of sale or exchange of such a part, the “preemptive purchase” rule applies. It implies the obligation of one of the owners to notify the other in the event of a sale or exchange, and also to invite him to repurchase his share. The sale of a share to another acquirer is possible only if the second owner refuses to purchase.

Buying an apartment in a “civil” marriage

Civil and family law establishes as common only that property acquired by spouses during a legal marriage. This rule does not apply to cohabitants who have not entered into a marital relationship. The owner of property purchased by unregistered partners will be the one specified in the purchase agreement.

The safest way to purchase housing in such a situation is to buy an apartment in shared ownership, in which each of the cohabitants will have their own separate part in the housing. Both partners will receive a separate title deed. From now on, everyone will be able to manage their share independently. However, the rule of first refusal also applies here.

If payment documents are issued for only one owner

In practice, a situation may arise when payment for the cost of an apartment occurs on behalf of only one of the co-owners (for example, from his bank account), and in fact all co-owners bear the costs.

In this case, in order for other co-owners to receive a deduction, documents confirming their expenses must be provided to the tax office. Such a document, in our opinion, may be a handwritten power of attorney to transfer funds to pay for an apartment to the person who made the payment (in addition to the main payment document). The power of attorney can be written by hand in free form and does not require notarization (Letter of the Federal Tax Service of Russia dated May 17, 2012 No. ED-4-3/8135).

Example: In 2020, Orlova E.V. with his sister T.V. Orlova bought an apartment in common shared ownership for 4 million rubles. (each sister's share was 1/2). The cost of the apartment was paid from the account of E.V. Orlova. At the end of the calendar year, each of them submitted documents to the tax office to receive a deduction in the amount of 2 million rubles. (to be returned 260 thousand rubles). Orlova T.V. To the main package of documents she attached a copy of the power of attorney, which indicated that she gave it to her sister Orlova E.V. 2 million rubles to pay for your share of the apartment through a bank account.

The situation is similar with the deduction for credit interest. In our opinion, even when payments under the loan agreement were actually made on behalf of one of the co-owners (for example, the main borrower), other co-borrowers can also receive a deduction by submitting documents to the tax office confirming their expenses for paying loan interest. Such confirmation, for example, could be a handwritten power of attorney to transfer funds to pay mortgage interest to the person who made the payment.

Example: Alushtin S.S. with his daughter Milova A.S. bought an apartment in common shared ownership for 4 million rubles. (the share of each of them was 1/2). To purchase an apartment, they took out a mortgage loan in the amount of 3 million rubles, where Alushtin S.S. was the main borrower, and Milova A.S. - co-borrower. The father and daughter also paid the mortgage in equal shares, although virtually all payments on the loan were made by Alushtin S.S. from your bank account. Despite the fact that the mortgage payments were made by the father, Milova A.S. can count on a deduction for mortgage interest (in the amount of her expenses) by submitting to the tax office a handwritten power of attorney, according to which she transferred the money to Father Alushtin S.S. to pay mortgage interest on the loan.

Determination of shares after purchase

If a married couple decides to allocate separate parts of the housing after acquiring and registering ownership rights, they need to proceed as follows:

1. Prepare papers for allocating shares.
2. Submit documentation to Companies House.
3. Wait until you receive a new property statement.

The package of necessary documents includes:

1. Application for division of shares.
2. Allocation agreement (must be certified by a notary) or marriage contract.
3. Documents of each spouse.
4. Passport for the apartment (technical and cadastral).
5. Extract from the BTI.
6. Duty payment receipt.

The procedure for registering proprietary rights also takes 10 days.

Buying with a mortgage

An apartment purchased through a mortgage is registered as joint ownership. In this case, the credit institution that issued such a loan is the mortgagee of the mortgaged home. Spouses are not allowed to allocate shares until the last payment is made and the encumbrance on the property is removed.

In the event of a divorce before the final payment of the mortgage, the bank deals with the issue of dividing the apartment into parts. It is possible that in such a situation each of the former spouses will receive their own share and will be required to pay a separate debt for it.

Share building

Often married couples purchase apartments in unfinished buildings, investing common funds for this purpose. The acquisition of unfinished residential real estate involves the conclusion of a shared construction agreement (DDU). The owner of the apartment under such an agreement can be both spouses or one of them. Regardless of this, during a divorce, the home is recognized as common and is divided into equal parts.

Allocation of shares under a marriage contract

A prenuptial agreement (agreement) is an agreement between two people who intend or have already entered into a marital relationship. The contract becomes legal only from the date of marriage registration (Clause 3 of Article 43 of the RF IC) and terminates at the moment of official divorce.

Such a document can determine the procedure for using a joint home, establish the shares of the husband and wife, as well as methods for dividing the apartment into shares.

Drawing up a contract allows a married couple to:

• change the legal requirements for property, defining it as shared property;
• establish specific share sizes;
• determine the amounts required to be contributed by husband and wife when purchasing a home;
• determine the method of division in case of divorce;
• establish the shares of children (both existing and future).

The contract is usually concluded before the purchase of the apartment; accordingly, at the time of purchase of the home, the shares are determined in advance. Thus, the spouses do not need to include these clauses in the purchase and sale agreement.

When purchasing a home by concluding a purchase and sale agreement, the new owner must formalize ownership rights to purchase. If the new owner of the apartment is one person, the housing is registered only in his name. However, most often housing is purchased by several citizens, for example, spouses. In this case, residential real estate “by default” acquires the status of common ownership. However, there are ways that, if necessary, allow you to immediately divide the acquired residential property into shared ownership.

What are the pitfalls?

The current legislation in some cases provides for a complete ban on the sale of a share in property. The Civil Code of the Russian Federation prohibits the alienation of shares in living space through the conclusion of an assignment (assignment of the right of claim). This type of agreement is often used in legal practice, however, in the specific case under consideration this type of transaction is prohibited.

The only option in which it is allowed to sell part of the living space without notifying other owners is to sell it at a public auction. This method is used by creditors to sell a share in living space if the debtor has no other property or is insufficient.

But not every share in the living space is allowed to be taken away to account for the unpaid capital, since in accordance with the current legislation it is impossible to take away the only residential property.

There are only two options in which this exemption is allowed:

• in the event that part of a land plot, apartment, house or other residential property appears as collateral when applying for a mortgage (in this case, it is allowed to take into the only dwelling);
• provided that the defaulter does not live in the house in which he owns part of the living space, and is continuously registered at a different address or has another living space in his possession.