Agreement on determining the shares of a room in an apartment

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Real estate is quite an expensive proposition. It is no coincidence that many people register an apartment as common shared or joint ownership. Simply put, they determine the circle of potential owners of residential premises.

Very often the shares of the co-owners of the apartment are simply absent. For example, if housing is owned by a husband and wife, brother and sister, father and daughter, the property is registered as common joint property. But even this form of ownership is not suitable for everyone. Individual co-owners want to determine their shares, i.e. highlight them by making changes to the registration documents.

One way to determine shares in an apartment is to conclude an agreement. How to compose it, what to indicate and how much it will cost – our article is devoted to answers to these and other questions.

It is often necessary to draw up an agreement on the allocation of a share in kind - what kind of agreement is this, who is drawn up and how much it costs, read our article “Agreement on the allocation of a share in kind in common shared property.”

Why do you need to determine shares?

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

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

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

There are other situations, but in general the situation is clear - the definition of shares allows you to designate a specific part in the common property. It should not be lower than the minimum parameter for the region - usually the figure is 12-16 square meters. meters per person.

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

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

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

Sample agreement on the procedure for using common shared property

The agreement must include the following information:

Full name of all legal owners;
composition of joint property (house, apartment, total area, technical characteristics of the object);
the size of the shares of each owner;
on the basis of what documents the co-owners acquired ownership of their part of the residential premises;
conditions and rules for the use of residential premises, including the procedure for using common property that is not subject to distribution;
in what order and in what share do the co-owners bear the costs of maintaining the common property;
validity period of the document;
Date of preparation;
signatures of all parties to the agreement.

Example

This is important to know: Claim for allocation of a share in common joint property in kind

After the death of their parents, three sisters inherited their shares of a three-room apartment equally for all of them. But the older sister, even earlier, before the death of her parents, was the owner of a part of the apartment in the amount of one third. Thus, the elder sister became the owner of 5/9, and the sisters 2/9 of the share of the living space.

The sisters decided that it was better for them to immediately determine the procedure for using the apartment, in order to subsequently avoid scandals and squabbles about this. The sisters consulted a lawyer and went to a notary’s office, where they drew up an agreement that:

The older sister will occupy the largest room, the younger ones will live in the smaller room, and they will share the smallest one.
All common property will also be shared equally by all sisters, regardless of the shares of each of them.
All expenses for maintaining the apartment of the sister will be borne in proportion to their parts of the living space, that is, the older sister will pay 5/9, and the younger sisters will pay 2/9 of all expenses for the living space.

Of course, the older sister was somewhat infringed on in her rights to use a residential property, but she decided that this procedure for using her parents’ apartment would be fair.

At first glance, it may seem that any more or less literate citizen can draw up such an agreement. But a person who does not have a legal education may miss some important nuances and not notice the illegality of some requirement. Subsequently, this will result in legal disputes, scandals between owners, and difficulties with the law.

To avoid such problems, it is advisable to consult with an experienced housing lawyer. You can get advice around the clock on our website, by calling the numbers provided, or by contacting our lawyers online.

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How to draw up an agreement on determining shares in an apartment

Before you begin to develop an agreement, you need to obtain the consent of all co-owners of the apartment. Even if family members are involved in the transaction, you will need to find out about their decision and come to a common agreement.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

The form of the agreement on determining shares in residential premises is strictly written. You should also pay attention to the approval of the document. If shares in joint property of spouses are determined, the signature and seal of a notary are required . The same is true in the case of maternity capital. The purchase of an apartment with the participation of the Certificate obliges the spouses to allocate children's shares - such transactions cannot be completed without the participation of a notary. The situation is the opposite, if close family members (parent and children, brothers and sisters) are involved in the transaction - the agreement is drawn up in simple written form, and there is no need to contact a notary.

Procedure for drawing up and registering an agreement:

Holding a meeting (meeting) of the co-owners of the apartment.
Search for a template, sample, drafting a preliminary text of the agreement.
Signature of the final version.
Contacting a notary to register the completed sample agreement (if necessary).
Application to the MFC office, through State Services or directly to the Rosreestr branch - registration of changes in ownership.

Registration of documents usually takes from 3 to 10 days, after which the owners receive a document of ownership of the property.

Registration

To receive an extract from Rosreestr, owners of all shares must submit to this authority:

your copy of the agreement on determining shares;
statement;
passport or a document replacing it;
technical and cadastral passports for housing;
extract from the BTI;
receipt for payment of state duty.

The registration process in the USRN takes ten days. After this period, you can visit Rosreestr within a month and receive an extract. After a month, if the extract has not been issued, it is transferred to the Rosreestr archive.

After all procedures for determining shares are completed, each of the owners has the right to independently dispose of their part of the apartment:

sell;
give;
leave as an inheritance;
lay;
rent out, etc.

This is important to know: Petition for the return of property to the owner

Sample agreement on determining shares in an apartment 2020

We invite you to familiarize yourself with a sample and form of an agreement on determining shares in an apartment. Take our examples as a basis to draw up your own version of the agreement and propose it to other co-owners.

Main points of the agreement:

“header” – title of the document, place and date of preparation;
Full name, passport details, addresses of signatories (co-owners);
detailed information about the apartment - exact location address, cadastral information, entrance, floor, building, structure, total area (residential and non-residential), number of rooms and other parameters;
information about the documents for the apartment - on the basis of which it was received into common joint ownership, what documents confirm the right;
indicate the mutual desire of the co-owners to change the legal status of the residential property - instead of a common joint, define a common share;
determine the size of shares (parts) - the digital value as a fraction (example: spouses ⅖, three children ⅕ each);
determine the area that will go to each of the participants in the section;
rights and obligations;
terms of a transaction;
Full name with transcript and signatures of the parties.

Division of common shared property

The division of a residential building in kind between owners is carried out when they want to separate their part from the common property.

If there are difficulties in the section, experts offer their solutions, adjusting the shares and calculating the amount of compensation.

This is important to know: Marriage agreement: sample of separate property

Notarization is required only by the agreement of the spouses on the division of property, including by determining the shares in the right of common joint property. In other cases, notarization of the agreement on the determination of shares is not required.

AGREEMENT on the real division of a residential building in the city of __________________ _________________ (date in words) We, the city of __________________________________________________________ and the city of __________________________________________________________, residing on _______________________________________________________________________, have entered into this agreement as follows: 1.

This type of agreement is a standard document similar to any other agreement. When drawing it up, you should take into account the main features and points that must appear in it, as well as the fact that such agreements must be notarized without fail. Otherwise, they have no legal force.

Cost, expenses

Applying to a notary to register an agreement will require the parties to pay a state fee.

How much does it cost to certify an agreement in 2020? Prices depend on the cadastral price of the apartment in which it is planned to allocate shares. According to Art. 333.24 of the Tax Code of the Russian Federation, the state duty cannot be lower than 300 rubles , but cannot exceed the amount of 20,000 rubles.

There is also a fee for contacting the MFC and Rosreestr. Costs are associated with payment of state fees for making changes to the state register. The parties will have to pay 2,000 rubles , and in return they will receive an extract from the Unified State Register of Real Estate, replacing the old certificates of ownership.

Watch the video instructions for drawing up an agreement, and if you still have questions or need legal advice, contact the experts of our portal online or by phone.

Watch a video about drawing up an agreement, structure, form, content:
Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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