Dividing an apartment into two apartments in 2020: how to legalize it?

Last modified: February 2020

In practice, it often becomes necessary to combine several separate residential premises into one and, conversely, to divide an apartment into two apartments. The first situation is realized much more often than the second. The reasons are technical difficulties that require an initial layout of the property, providing the opportunity for reconstruction in accordance with regulatory requirements, obtaining consent from neighbors and regulatory authorities.

Is it possible to make two apartments out of one?

The need to divide a property into two separate residential premises is dictated by family or financial reasons.

Motivating factors include:

Divorce of spouses. Joint property, the strength of the habit of living at a specific address and the reluctance to meet with each other make it optimal to divide the apartment into two.
Receipt of real estate as an inheritance by several co-heirs. The presence of their own families and reluctance to engage in sales with the subsequent division of funds accompanies the choice of partitioning into separate residential premises.
Growing up children and creating their own families. Dividing an apartment into two is an ideal option for an old and a young family to have separate space.
A matter of saving money. Purchasing one property will cost much less than two independent properties of the same area.

Whether one apartment can be divided into two apartments depends on the technical characteristics of the property. Subject to the conditions and required approvals for approval of the project, it is possible to divide “vertically” for two-level separate residential premises and “horizontally” for one large apartment, preferably with two bathrooms.

General principles for the division of marital property after divorce

The concept and rules for dividing the property of a husband and wife during a divorce are regulated by the Civil Code of the Russian Federation and the IC of the Russian Federation. According to Art. 34 of the RF IC, property that spouses acquired during marriage is their joint property. Common property includes:

all income received by the husband and wife that is not related to targeted payments;
real estate purchased during family life;
movable property acquired during marriage;
cash deposits;
shares in business;
securities.

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The general principles of division of joint property of spouses are described in Art. 38 SK and Art. 254 Civil Code. According to the law, the following rules apply:

division can be made upon marriage, during family relations, upon divorce or within 3 years after it;
spouses have the right to determine the procedure for distribution of property themselves or go to court;
when dividing property through the court, the principle of equality of property rights of spouses is applied;
things and funds of children under 18 years of age are not subject to division;
The personal property of each spouse is not divided.

In case of divorce they do not divide:

property owned by spouses before marriage;
property received during marriage as a gift or inheritance;
personal items.

However, deviations from the basic rules are possible. The legislation establishes that personal property is recognized as property that was acquired before the official breakup of relations, but during separation, and personal property that has been significantly improved through the joint or personal funds of the other party can be recognized as common property.

The court also has the right to reduce or increase the size of the share of one of the spouses in the following circumstances:

intentional infliction of material harm to a family;
refusal to participate in financial contributions to the general budget for unjustified reasons;
the need to take into account the interests of the minor child(ren).

How to divide an apartment into 2 apartments

From a technical point of view, the division of one residential premises into separate ones refers to redevelopment, requiring changes to the technical passport. To divide a large apartment into two within the footage of the room, it is necessary to change the configuration, including the dismantling of partitions, door and window openings, and the arrangement of bathrooms and kitchens. The process of dividing an apartment into two will differ significantly if the apartments were previously separate and were later combined into a single object or if there was a single living space.

Section of previously merged apartments

It is a mistake to believe that to divide an apartment into two it is enough to put the removed partition back in its original place. Since third-party organizations were involved in the process of unification and legitimation, to give legitimacy to the new decision it is necessary:

Receive a redevelopment project from a design organization reflecting:
restoration of the closed entrance to one of the apartments from the landing;
return of the kitchen and bathroom when they are liquidated during the merger process.

Divide the integrated water supply and electricity supply system into two, obtaining permits from service providers.
Obtain permission from your local authority. If the division of an apartment into two is carried out as a result of the merger of originally existing separate premises, then problems with the authorities do not arise.
Carry out construction work in accordance with the project, obtain a new technical plan from the BTI.
Register ownership of each newly independent apartment and obtain an extract from Rosreestr.

Section of large detached apartments

If, when dividing previously combined residential premises, it is enough to legitimize and bring back the innovations of reconstruction, then in order to divide a large apartment into two, it is necessary to plan the bathrooms and kitchens - mandatory apartment attributes - to transfer part of the living area where the rooms were located to non-residential .

The arrangement of a separate exit to the staircase, in addition to strengthening the supporting structure, requires mandatory coordination with neighbors. The absence of two bathrooms in the divided object creates an obstacle in the form of refusal by local authorities to redevelop, even if the installation is technically possible.

There are legal restrictions when planning kitchens:

A ban on designing a kitchen if there is a living room on the floor below due to the deterioration of the conditions of citizens on the lower floor. The much-unloved first floor can serve as a way out of the situation, since the basement premises, even those rented out for business activities, are not considered residential.
Prohibition on installing a gas stove in the kitchen niche of a living room. Before dividing a two-room apartment into two one-room apartments, you must take care of allocating space for a kitchen niche in the corridor or hall, or refuse to use a gas stove due to the recognition of the premises as non-residential.
There is a ban on furnishing a kitchen if the apartment on the floor above has bathrooms and bathrooms. The exit is the location of the property on the top floor of a multi-storey building.

Dividing a two-level apartment into two independent ones is more realistic than a large one-level apartment based on requirements, failure to fulfill one of which puts a “taboo” on the entire procedure.

How to divide housing that is joint property?

How is an apartment divided during a divorce? There are several ways to divide joint property:

conclude a marriage contract;
draw up and notarize a division agreement;
judicially.

A spouse has the right to sign a marriage contract before marriage, during marital relations, and before the start of divorce proceedings. In the agreement, the parties have the right to indicate which real estate and in what proportions will be transferred to each spouse. Upon reaching mutual agreements, the husband and wife can divide the apartment in equal shares or establish a different division procedure. For example, the apartment goes to the wife, who will raise the children, while the car and cash savings will remain with the husband.

The marriage contract must meet the following criteria:

made in writing;
concluded without coercion according to mutual agreements;
signed by both parties;
certified by a notary;
drawn up before the official divorce.

An agreement on the division of property between the parties is drawn up at any time during the marriage relationship or within 3 years after a divorce (for more details, see the article: is it necessary to notarize an agreement on the division of property of spouses?). Housing can be divided by agreement in any ratio. If spouses want to assign ownership of an apartment to one family member, they can indicate this in the agreement.

It is allowed to divide property in a way that suits both spouses. Often a man leaves joint housing to his wife to pay alimony. A document acquires official status only when it is certified by a notary office. When concluding an agreement, it is necessary to take into account that the specified division procedure will apply only to the property described in the document. Property acquired after the conclusion of the agreement or not included in the list of divided objects will be divided according to the general rules.

However, the described methods of dividing housing are possible only when the spouses manage to reach a consensus on the distribution of property. If the parties cannot reach an agreement, the division of the apartment during a divorce occurs in court.

Division in court takes place according to general rules. The property of the spouses is divided in equal parts. However, the plaintiff may request a different distribution of property. The right to receive a larger share must be justified with evidence (witness testimony, receipts for payment for construction materials, statements from a personal bank account, etc.). A sample statement of claim for the division of marital property can be downloaded below.

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Algorithm for the separation procedure

Before carrying out the procedure, you must contact the design organization to draw up a project. Design engineers will tell you how to divide one large apartment into two, whether there are technical possibilities for the division, and will draw up a project with approval from the authorities. Then the procedure is carried out technically and new properties are registered.

Drafting

The design stage includes an engineer visiting the site to compare the characteristics with the technical passport and carry out additional measurements. At the initial stage, the specialist draws up a technical report, which reflects:

structural data about the property;
a descriptive part of the residential premises with identified defects, if any;
conclusions about the possibility of dividing the apartment into two or prohibiting the procedure.

The conclusion of the design organization about the impossibility of dividing the apartment into two puts an end to the process. Unauthorized partition will not only not allow registration, but also risks filing a lawsuit with the local authorities with demands to urgently return the housing to its original appearance and attributing all costs to the defendant.

If the procedure is technically possible, then the next step will be to draw up a project that includes:

Arrangement of a separate entrance for the second apartment. Since the perimeter walls are solid, when organizing a separate entrance, reinforcement of the supporting structure is required, as well as the consent of new neighbors on the landing. As an option, you can use the design of a vestibule.
Design of bathrooms and kitchens taking into account the listed restrictions on the number of storeys with annexes of project plans:
view after division into two independent objects;
diagrams of structures to be dismantled;

The descriptive part contains a list of measures for redevelopment. The finished project is sealed with the seal of the design organization and serves as the basis for further actions.

Coordination with local authorities

The planned division activity must be agreed upon with local authorities, otherwise the work carried out will be considered illegal.

To obtain a permit, you must submit the following documents:

a statement signed by all owners and containing a description of the motivating factors for carrying out the procedure for dividing the apartment into two;
title and title documents for residential premises;
technical plan of a housing facility;
technical report with the conclusions of the design organization on the possibility of redevelopment and reconstruction project;
consent of neighbors when planning a separate entrance for the second apartment;
permission from gas services when installing or moving equipment;
permission from electricity and water supply services to install new metering devices (water and electricity meters).

After agreeing on the division of the apartment into two, you can begin to carry out the work.