Agreement on redistribution of shares in common shared ownership

Author of the article: Anastasia Ivanova Last modified: January 2020 3665

Often a married couple wants to divide their joint property. This usually happens in the event of a divorce. But they also divide the plot if they want to have a personal share, and not be a participant in shared ownership. To formalize the division, the owners enter into an agreement on the division of the land plot. The purpose of drawing up a document is to divide one object into several parts. The division of a plot of land is a rather complex procedure that involves several stages.

Why do you need an agreement on the division of a land plot between the owners?

A land plot, like any other piece of real estate, can be owned personally (individually), jointly (spousal property), or shared (when dividing property or initially acquiring a share in the ownership).

The division of a land plot owned by one person is carried out at the sole request of such owner. Only he will have ownership rights to the new plots, and in the future he will be able to sell them, donate them, mortgage them, lease them and carry out other administrative actions.

A land plot that is in common ownership (joint or shared) is divided by agreement of all co-owners. Or by court decision. Moreover, the participants in the common joint property will first have to carry out a division and determine the shares (for example, in a claim to determine the spouses’ shares in an apartment).

Agreement on determining shares

“Civil Code of the Russian Federation (Part One)” dated November 30, 1994 N 51-FZ (ed.

from 07/29/2019) (with amendments and additions)

entry in force from 06.08.2019) 2.

An agreement by all participants in shared ownership may establish a procedure for determining and changing their shares depending on the contribution of each of them to the formation and growth of common property. A Guide to Corporate Litigation.

This is interesting: How to find out the wear and tear of a house

Issues of judicial practice: Withdrawal of a participant from a limited liability company 2.8.

An agreement to determine shares is an agreement concluded between two or more persons who have any property in common joint ownership. As a rule, an agreement to determine shares is concluded in relation to a real estate object (apartment, residential building, land plot).

The determination agreement is aimed at voluntarily regulating property relations between owners of common joint property.

Preliminary procedures

Make sure the partition option is available. Newly created plots must comply in size and purpose with the requirements of the law (urban planning, land, civil legislation). Minimum and maximum dimensions can be obtained from the authorities in the field of architecture and construction.

Check whether the boundaries have been established and whether the cadastral registration of the original land plot has been completed. If not, first put in order the documents with the land plot to be divided.

Contents of the agreement on the division of land between owners

One of the mandatory elements of land plot formation is carrying out boundary work. The owner turns to a cadastral engineer who registers new real estate properties. Already at this stage, the specialist will request a written agreement from all co-owners.

The division agreement specifies:

date and place of compilation;
title of the document – Agreement on the division of land between owners
Full name, passport details of all co-owners;
cadastral number, address, purpose of the original land plot;
confirmation of the fact of reaching agreement on the division and how it is carried out (in accordance with shares, based on cadastral passports)
bearing costs by the parties;
signatures of the parties.

How to draw up an agreement correctly?

Let's figure out how to draw up an agreement on determining shares in land, what to include in it and what to pay attention to?

Form and content

The first thing you should focus on is the form of the document.

An agreement to determine or change shares in land has a simple written form . There are no special requirements here, but you need to adhere to the structure of the contract.

Please note that the agreement on the distribution of shares must be certified by a notary - the requirement came into force at the beginning of 2017.

The contents of the agreement include:

document's name;
settlement (city);
date, month and year of imprisonment;
Full name, address, passport details of the parties - participants in common property;
address of the land plot, cadastral number, category of land, area, presence of buildings;
information about the absence of encumbrances - municipal ownership, arrest, pledge, easement;
information about documents for the land plot;
terms of division and size of shares;
consent to redistribution of shares;
rights and obligations of the parties;
method of bearing expenses - usually in accordance with the size of shares;
number of copies (notary, Rosreestr, parties to the transaction);
personal signatures;
place for the notary's seal.

Form of agreement on the division of land between owners

Currently, the agreement on the division of the plot is not subject to notarization. But it is required to undergo state cadastral registration and registration. Pay the state fee and receive new statements of ownership.

Moreover, as a general rule, if the agreement on the division of a land plot does not directly indicate the fact of termination of the right of common joint or shared ownership, the new plots also become common property.

Clarifying questions on the topic

From our father, the three of us (also my sister and brother) inherited a plot of land as shared ownership. It is separated, about 16 and a bit acres. My sister sold me her share. Now my brother has 1/3 and I have 2/3. My husband and I built a house, now we want to register it. The BTI tells us that the registration of the house will be shared with my brother. Could you please suggest an algorithm for registering a house under only me or my husband? The BTI recommends delimiting the plots, and, most unexpectedly, going further to the natary to draw up counter deeds of gift (I don’t understand why they are needed if the boundaries of the plots will be determined after dividing the plot). Only after this should you register the house. I have permission to build a house using PZZ architecture. At the moment, the MFC is preparing a paper to assign the land the status of Zh-3 (for individual residential development). My brother agrees that the house will be registered in my name

This is important to know: Division of a land plot leased according to the Land Code

It seems that donations do not need to be made. You need to demarcate the plots, obtain documents in your name and then register ownership of the house as newly created real estate. I think there shouldn't be any problems with the design.

We have this question: There are 2 houses on one plot, one house is used by the son, and the other by the mother. Each house has cadastral numbers, but the land is 1/2 share. Now the question is that one of the owners wants to add two rooms to an existing house. We applied for public auditions and were given the go-ahead. But the administration refused permission, citing that the procedure for using the land had not been established. Although one of the owners gave written consent to the extension (the neighbor also gave consent), topographers came out and drew up a site plan and the proposed extension. The question is, does the administration have the right to refuse us? And can we conclude an agreement on the joint use of a plot of land that belongs to us by formalizing it in the form of a written contract?

In your case, it will be easier to divide the plots into 2 independent ones.

There are 2 houses in shared ownership on the land plot. The right is registered to four owners. Land rights are registered in only three. The fourth owner did not register the right to the land. Is it possible in this case to draw up a settlement agreement for the division of a land plot and who will act on behalf of the owner whose right to the land is not registered?

An agreement on the division of a land plot is possible only by agreement of all owners. If the owner in your case does not agree to the division or prevents such a division, then the issue can only be resolved through the court.

We are a retired couple. We have a land plot in the Chekhov district in joint ownership. How to transfer a plot from joint ownership to shared ownership of 1/2 (with unallocated shares)?

This can be done by drawing up an agreement on the determination of shares or concluding a marriage contract. To prepare such documents, you should contact a notary, as this is within his powers.

Preparation for the division of land

Before registering the division of a land plot, owners need to follow the following algorithm of actions:

Check and confirm the availability of documents defining the boundaries of the site (cadastral extract and territory plan). If inaccuracies are identified in determining the boundaries or they turn out to be below the established form, cadastral work should be carried out. Land surveying will accurately determine the total area of the object and its boundaries.
Familiarize the cadastral engineer with the documents establishing rights to the site.
Find out the exact location of the characteristic points of the primary site by assessing the location of neighboring objects. If the location is unknown, boundaries will need to be determined.
Determine whether field work is necessary. This fact is determined based on the conclusion of the geodetic team.
Draw up an agreement, the contents of which are discussed in advance. The document should indicate into what parts the property is divided and who will be the owners of the secondary plots.

Documents required for dividing a land plot:

cadastral extract;
property plan;
title documents;
a document establishing the adjacency of the site to neighboring territories;
conclusion of the geodetic team.

Next, we will consider in more detail the stages of dividing a land plot.

Surveying

The Federal Law “On the State Real Estate Cadastre” establishes the procedure for conducting land surveying. The procedure is carried out on the basis of an application from the owner by a cadastral engineer. The owner pays the costs of the specialist’s services. When carrying out land surveying, the owners of the property, users or legal representatives must be present.

Land surveying can only be carried out with the consent of all owners. After receiving consent, the cadastral engineer determines the dimensions of the original plot, establishes the boundaries allowed for division and the area of objects that will be formed after the division. The boundaries of territories are indicated by boundary signs. Experts record the calculations and measurements carried out in land surveying. The act of establishing boundaries drawn up by the engineer must be approved by the land management committee.

Conclusion of an agreement

After receiving all the necessary documents, the owners can enter into an agreement. The document can only be drawn up if there is no court decision on the division of property. After the agreement is certified by a notary office, the document is considered valid.

Address assignment

The next stage of the section is assigning addresses to the newly formed sections. To do this, owners must contact the local government, the urban planning department, with a corresponding application. The application indicates a request to assign personal addresses to secondary land plots.

When submitting an application, you must provide a package of documents:

Certificate of ownership of the primary plot.
Boundary matter.
Cadastral passport of the object.
An agreement on the division of land, or a court decision on the division.

After consideration of the application, the plots will be assigned new addresses, then the land should be registered in the cadastral register.

Registration of land

To register a land plot, you must contact Rosreestr. You need to fill out an application for the delivery of the site for registration. A sample application can be requested from Rosreestr specialists.

The following documents are attached to the application:

Owner's passport.
Boundary matter.
Decision on assigning addresses to land plots.
Separation agreement (judgment).

Expert commentary

Kireev Maxim

Lawyer

Rosreestr specialists make a decision on registration within 18 days. The applicant is notified of the decision by mail.

Registration of rights

Once the land is registered in the cadastral register, ownership can be registered. To do this, you will need to pay a state fee.

The application for registration of rights must be accompanied by:

Owners' agreement on division (court decision).
Cadastral passports of secondary land plots.
Receipt for payment of state duty.

Based on the results of consideration of the application, the authorized body makes a decision on the possibility of entering information about the property into the state register. At the end of the procedure, the applicant will be issued an extract from the Unified State Register and a certificate establishing ownership.

Division, allocation of land

The main document regulating the division and allocation of land plots is the Land Code of the Russian Federation (hereinafter referred to as the Land Code of the Russian Federation).

Division of a land plot is one of the ways to form one plot or several independent plots of land.

Based on clause 4, clause 7 of Article 22.2 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it” (hereinafter referred to as the Registration Law), state registration of rights is carried out simultaneously in relation to all land plots, formed during the division of a land plot. Simultaneously with the application for state registration of rights to the formed land plots, an application for state registration of the transfer or termination of rights to such land plots is submitted. State registration of the transfer or termination of rights to these plots is carried out simultaneously with the state registration of rights to the resulting land plots.

The basis for state registration of property rights and other real rights to land plots formed during the division, merger, redistribution of land plots or separation from land plots are:

1) a decision on the division or consolidation of state or municipally owned land plots;

2) an agreement on division, on consolidation, on redistribution of land plots or on allocation from land plots;

3) another document on the basis of which, in accordance with the Registration Law and other federal laws, the formation of land plots is carried out.

According to the general rule, paragraph 2 of Art. 11.2 and paragraph 1 of Art. 11.4 of the Land Code of the Russian Federation, the original land plot from which land plots are formed during division ceases to exist from the date of state registration of ownership and other real rights to all land plots formed from it. This means, of course, not the actual, but the legal termination of the existence of a divided land plot, which ceases to exist as an object of land and civil law relations.

In accordance with paragraph 3 of Art. 11.2 of the Land Code of the Russian Federation, the intended purpose and permitted use of the formed land plots are recognized as the intended purpose and permitted use of land plots from which, during division, merger, redistribution or allotment, land plots are formed, with the exception of cases established by federal laws.

The formation of land plots is permitted with the written consent of land users, landowners, tenants, mortgagees of the original land plots, from which land plots are formed during division, merger, redistribution or allotment (clause 4 of Article 11.2 of the Land Code of the Russian Federation).

At the same time, such consent is not required for the formation of land plots from land plots that are in state or municipal ownership and provided to state or municipal unitary enterprises, state or municipal institutions, as well as in cases of formation of land plots on the basis of a court decision without fail, regardless of consent owners, land users, landowners, tenants, mortgagees of land plots, from which land plots are formed during division, merger, redistribution or allocation.

It is important to know: Who is the owner of municipal property

In accordance with paragraph 5 of Art. 11.2 of the Land Code of the Russian Federation, the formation of land plots from land plots that are privately owned and owned by several owners is carried out by agreement between them. The exception is the allocation of land plots on account of the share in the right of common ownership of land plots from agricultural lands.

The procedure for allocating land plots on account of shares in the right of common ownership of an agricultural land plot is established by Articles 13, 13.1 of the Federal Law of July 24, 2002 No. 101-FZ “On the turnover of agricultural land.”

The allocation of a land plot is carried out in the case of the allocation of a share or shares from a land plot that is in shared ownership. When a land plot is allocated, one or more land plots are formed. In this case, the land plot from which the allocation was made remains within the changed boundaries (changed land plot).

This norm establishes that a participant or participants in shared ownership of a land plot from agricultural lands has the right to allocate a land plot on account of their land share or their land shares, if this does not contradict the requirements for the formation of land plots established by the Land Code of the Russian Federation and the Federal Law “On turnover of agricultural land."

The size and location of the boundaries of the land plot allocated for the land share or land shares must be agreed upon by the cadastral engineer.

The survey project for a land plot or land plots determines the size and location of the boundaries of the land plot or land plots that can be allocated as a land share or land shares.

The land surveying project for a land plot or land plots is prepared by a cadastral engineer. The customer of such a land surveying project can be any person.

When preparing a survey project, subject to approval by the general meeting of participants in shared ownership, the cadastral engineer provides the rights holders of the land plot or land plots from which land plots will be allocated on account of the land share or land shares, the local government body of the settlement and, if the customer of cadastral work is not the right holder land plot or land plots, the customer of cadastral work has the opportunity to familiarize himself with this project before its approval and submit proposals for its modification.

A notice of the place and procedure for familiarization with the land surveying project is sent to participants in shared ownership or published in the media determined by the constituent entity of the Russian Federation.

The land surveying project, approved by the decision of the owner of the land share or land shares, is subject to mandatory agreement with the participants in shared ownership. The subject of approval is the size and location of the boundaries of the land plot allocated for the land share or land shares.

A notice of the need to approve a land surveying project is sent to participants in shared ownership or published in the media.

If, within thirty days from the date of proper notification of the participants in shared ownership about the approval of the land plot surveying project, the participants in shared ownership do not receive any objections regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares, the land survey project is considered approved.

Objections regarding the size and location of the boundaries of the land plot or land shares allocated are sent to the cadastral engineer who prepared the corresponding land survey project, as well as to the cadastral registration authority at the location of such land plot.

chief specialist-expert of the Omsk department

Agreement on redistribution of shares

At the same time, citizens prefer to allocate equal shares to all co-owners. This method of allocation is relevant in cases where ownership is established by a privatization agreement.

This agreement contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes and invalidates all other provisions or representations that might have been accepted or made by the Parties, whether oral or written, prior to the conclusion of this Agreement.

The ratio of shares in the right of common ownership of the specified residential building established by this agreement may be changed depending on the further contributions of each of the co-owners to the formation and increase of the common property.

I.O.) (indicate the size of the share in numbers and words) in the right of common ownership of the land plot; - gr. ____________________ — _____________________________________ share (full name) (indicate the size of the share in numbers and words) in the right of common ownership of the land plot.

As a rule, banks do not make any changes to the terms of purchase, since these are very cumbersome procedures.

According to Article 245 of the Civil Code of the Russian Federation, the privatization of apartments determines the size of the ownership right in equal proportions for persons living in the apartment at the time of privatization and who are one family, in accordance with the provisions of Article 35 of the Civil Code of the Russian Federation.

This is important to know: Recognition of a minor as having lost the right to use residential premises

Additionally, you will need to pay for the services of a notary agency employee. On average, services for certifying an agreement will cost 0.5% of the share price - from 300 to 20 thousand rubles.

N-ska, registration certificate N 55 dated 01/01/01), which is confirmed by the Certificate of state registration of rights dated (specify date, month, year) series N, issued by (specify the name of the body that carried out the state registration), registration number (specify number of state registration of rights in the Unified State Register of Rights) from (specify date, month, year) and gr.

The essence of the agreement on the redistribution of shares is as follows: initially there is an object of common ownership, that is, several owners own part of an apartment, house or land plot. They may own unequal or equal shares. By mutual agreement, shareholders have the right to change the size of their shares and dispose of them at their own discretion, but with the permission of the others.

Only a notary can verify the legality of the redistribution. The specialist will negotiate with the co-shareholders, explain to them their mutual rights and obligations, and check their legal capacity.

Agreement on changing the terms of an employment contract concluded by the prosecutor's office of the Russian Federation with an employee filling a position that is not a position in the federal state civil service.

The subject of this Agreement is the information interaction of the Parties on issues of mutual interest in accordance with the current legislation of the Russian Federation.

I.O. (indicate the size of the share in numbers and words) in the right of common ownership of the land plot; - gr.

Citizen, passport (series, number, issued), residing at the address, hereinafter referred to as “Party 1”, on the one hand, and citizen, passport (series, number, issued), residing at the address, hereinafter referred to as “Party 2” , on the other hand, hereinafter referred to as the “Parties”, have entered into this agreement, hereinafter the “Agreement”, as follows:

We own, by right of equal ownership, apartment No., consisting of room(s) with a total area of sq.m., a living area of sq.m., located at the address: .
The indicated apartment belongs to gr. and gr. on the basis of the transfer agreement No. dated "" year, issued by the city, registered by the Department of Municipal Housing of the city "" year for No. and the certificate of ownership of housing No. dated "" year. Public areas are jointly owned.
By agreement of the parties, we redistribute the shares as follows:

At this stage, the firm's lawyers are developing the main document, which will largely determine the fate of the case in the first instance - a draft case, in which the lawyers make, as far as possible, a complete and comprehensive analysis of the most effective ways to protect the client's interests. For the most important cases, the draft case is discussed collectively by all leading lawyers of the company.

By the ruling of the magistrate of judicial district N “address” dated DD.MM.YYYY, the case is based on the claim of S.N. Dalakyan. to this definition Kuznetsova T.I.

In practice, the case will not go further than the Cassation Court. It often happens that the Cassation Court changes a decision previously made by courts of other instances, eliminating various judicial errors, because in the Court of Cassation the case is studied most carefully and impartially.

The Parties' shared ownership of the specified land plot in the shares established in clause 4 of this Agreement is subject to mandatory state registration in the Unified State Register of Rights to Real Estate and Transactions with It. The parties bear registration costs in proportion to the size of their share of ownership (or _________________).

So I can’t use the share determination agreement? If I can, then who will be the parties to the agreement, me and I as the legal representative of the children?

At the same time, in the event of alienation of his share to someone else, such owner is obliged to warn the other participants about the terms of the transaction. This obligation arises due to the fact that, in accordance with norm 250 of the Civil Code, in shared ownership, co-owners have an advantage when purchasing the share of another participant. Please tell me, is it possible for spouses to divide this share in the apartment without a notary under an agreement on the distribution of shares?

Dividing the land: when you can and when you can’t

In accordance with current legislation, when land ownership is divided, several plots are formed, and the original one ceases to exist. But not all landholdings are divisible.

The division of land is permitted subject to the following conditions:

the original intended purpose of the land should not change (the dacha plot does not have the right to turn into agricultural land);
the area of the resulting plot should not be less than the minimum norm established by law (you cannot divide 6 acres into 100 plots of 6 meters each);
each formed territory has an entrance or passage;
There is no legal prohibition on manipulation of land or encumbrance (seizure) on it.

There is a requirement to comply with the minimum size of a land plot during division, but this size differs from region to region, since it is set by regional authorities

Examples of situations

The question arises in situations where the land is in common joint or shared ownership: when dividing the property of spouses after a divorce or when inheriting land by several heirs. And sometimes the only owner wants to split his property into several parts to achieve some of his goals.

Example 1.

The Kanareikin brothers inherited a house in the village and vast agricultural lands after the death of their father. Fyodor Kanareikin decided to continue his father’s business and start farming, and his brother Ivan wants to sell his share and buy an apartment in the city.

Example 2.

Several years ago, Stepan Petrovich, on occasion, bought a large piece of land on the outskirts of the village. And now the city has grown, and active housing construction is underway in the neighborhood. So Stepan decided to split the plot into several and sell it to the townspeople for the construction of cottages.

Algorithm of actions

Step 1. Conduct land surveying.

Land surveying is carried out by a cadastral engineer, this is a paid service. The result will be a boundary plan

Step 2. Draw up an agreement on the division of the land plot between the owners - a written document signed by all owners of the original plot. No indicates the address and cadastral number of the land, information about the owners.

Step 3. Assign addresses to the newly formed plots.

Addresses are assigned by local governments in whose jurisdiction the land is located. To do this you need to submit an application:

bring it in person
send by mail,
submit through the MFC,
submit through State Services.

This is important to know: Statement of claim for recognition of ownership of a residential building

Step 4. Register new plots in Rosreestr.

Step 5. Receive registration documents.

How to draw up a separation agreement

When the land belongs to one owner, he himself decides how to do it. But most often there are several co-owners. When all owners reach agreement on the division of their land ownership, such an agreement is formalized in a written agreement, which is concluded, as a rule, after the land surveying procedure, which includes defining the boundaries of the original land ownership and newly formed plots. If one of the owners does not consent to the division of the land plot, then the issue will have to be resolved in court.

The agreement is made in writing. It states:

Site address,
its cadastral number,
information about the owners,
the procedure for redistributing land (in proportion to shares in property, equally or in some other way),
procedure for distribution of expenses for registering property rights.

State duty amount

The Tax Code establishes the following amounts of state duty:

50 rub. – in relation to lands intended for personal subsidiary farming, dacha farming, vegetable gardening, horticulture, individual garage or housing construction, with an equivalent type of permitted use, from the category of agricultural lands and other types of permitted use;
2,000 rubles – in other cases.

If you pay through the State Services portal, the discount will be 30%.

What does redistribution of shares in common shared ownership mean?

A document can be drawn up if the most important condition is met: all parties agree to the redistribution of shares, there are no disputes. Resistance from at least one of the co-owners gives grounds to go to court. The plaintiff will have to justify why he deserves a larger share, and the court may make one of the following decisions:

satisfy the claim and determine the size of shares in accordance with the plaintiff’s requirements;
refuse to satisfy the claim;
award one of the parties payment of monetary compensation towards the cost of the share or part thereof.

This is important to know: Allocation of land share from agricultural land

The legal process takes a lot of effort and time, so it is better to find a compromise than to make enemies in the form of neighbors.

How to register a right in Rosreestr

The law establishes that cadastral registration and state registration of rights are carried out during the division of land simultaneously. To do this, submit an application in the prescribed form and the following documents to Rosreestr:

title documents for land;
applicants' passports;
agreement of owners (or court decision);
boundary plan;
decision of the local administration to assign addresses to established landholdings;
receipt of payment of state duty.

Division through court

If there is no agreement between the owners, then the land has to be divided through the courts.

The claim is submitted by:

Sample statement of claim

To court

E-mail address: ______________

Cost of claim: _________________ rubles

State duty: ________________ rubles

“___”__________ ____ the plaintiff entered into marriage with the defendant, as confirmed by marriage certificate No. ______, issued by ___________________.

“___”_________ ____ the marriage between the plaintiff and the defendant was dissolved, as confirmed by divorce certificate No. __________, issued by ___________________.

At the same time, a dispute arose between the plaintiff and the defendant about the division of common property in the form of a plot located at the address: _____________________________, cadastral number ___________, area ______, and the residential building located on it _______________________________________.

The disputed property is valued at _______ rubles based on __________________________.

The plaintiff and defendant did not enter into a marriage contract; the legal regime of property was not changed to contractual.

According to Art. 20 of the Family Code of the Russian Federation, a dispute regarding the division of common property of spouses that arises between spouses is considered in court, regardless of the divorce, by the civil registry office.

In accordance with paragraph 3 of Art. 38 of the Family Code of the Russian Federation, the court, at the request of the spouses, determines what property is to be transferred to each of the spouses. If one of the spouses is transferred property whose value exceeds his share, the other spouse may be awarded appropriate monetary or other compensation.

In accordance with Art. 39 of the Family Code of the Russian Federation, when dividing the common property of spouses and determining shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses.

The court has the right to deviate from the beginning of equality of shares of spouses in their common property based on the interests of minor children and (or) based on the noteworthy interests of one of the spouses, in particular, in cases where the other spouse did not receive income for unjustified reasons or spent the common property of the spouses to the detriment of the interests of the family.

The common debts of the spouses are distributed between the spouses in proportion to the shares awarded to them.

Based on the above and guided by Article 20, paragraphs 1 and 2, Articles 34 and 36, paragraph 3 of Art. 38, paragraphs 2, 3 of Art. 39 RF IC, art. 254 Civil Code of the Russian Federation, art. Art. 131, 132 Code of Civil Procedure of the Russian Federation, please:

divide the common property of the spouses, highlighting:

to the plaintiff: _____________________________________________________, total amount: _______;
to the defendant: ________________________________________, total amount: _______.

Marriage certificate No. _____ dated "___"__________ ____
Divorce certificate No. _____ dated "___"__________ ____
Documents on the basis of which ownership was acquired.
Documents for the disputed land plot and the residential building on it.
Calculation of the amount of claims.
Copies of the statement of claim and documents attached to it for the defendant.
A document confirming payment of the state duty.
Other documents confirming the circumstances on which the plaintiff bases his claims.

signature

Agreement on determining shares in a land plot

Agreement on determining shares in the common right

ownership of land.

(name of municipality)

(day, month, year in words)

We, gr. ________________, residing at ________, passport series ___ No. _____, issued by _______________, and gr. ________________, residing at ________, passport series ___ No. _____, issued by _______________, who are co-owners of a land plot with an area of ____ sq.m. with cadastral number _____________, provided for ________________, located at _________________, being of sound mind, clear memory, acting voluntarily, have entered into this agreement as follows:

1. A plot of land with an area of ______ sq.m. with cadastral number _____, provided for _______, located at _____, belongs to gr. __________ and gr. ___________ on the right of common ownership (without determining shares) on the basis of ________________, which is confirmed by an entry in the Unified State Register of Rights to Real Estate and Transactions with It No._____ dated ______.

2. Due to the fact that the title document specified in clause 1 of this agreement does not define the shares of each owner in the right of common joint ownership of the land plot, guided by Art. 244, 245 of the Civil Code of the Russian Federation, the parties hereby establish the following shares:

Gr.___________________ - (size of share) share in the right of common ownership of the land plot specified in clause 1 of this agreement,

This is interesting: Income tax on the sale of an apartment

3. Contents of Art. 244, 245, 254 of the Civil Code of the Russian Federation is known to the parties.

4. This agreement comes into force upon its signature and contains the entire scope of the relationship between the parties with respect to the subject matter of this agreement, cancels and invalidates all other obligations or representations that may have been accepted or made by the parties, whether oral or written, before signing this agreement.

5. The specified land plot is not encumbered with the rights of third parties, is not mortgaged, is not in dispute and is not under arrest (ban).

6. There are no restrictions on the use of the land plot.

7. Shared ownership of the parties to the specified land plot in shares, the size of which is determined in clause 2 of this agreement, is subject to state registration in ________. The parties independently bear the costs of state registration of the right of shared ownership of the specified land plot.

8. The parties to the agreement confirm that they are not deprived of legal capacity, are not under guardianship or guardianship, do not suffer from diseases that prevent them from understanding the essence of the agreement, and there are no circumstances forcing them to enter into this agreement on conditions that are extremely unfavorable for themselves.

9. This agreement is drawn up in three copies, one of which is kept in the justice institution of the constituent entity of the Russian Federation (registration chamber) and a copy for each of the parties.