How to transfer a share in an apartment to a room

Housing law > Real estate registration > How to allocate a room from a share in an apartment and how the procedure works

Shared ownership implies the ownership of parts that can be transferred to a certain area under the ownership of a person. Having a share in common property, you need to know how to separate a room from a share in an apartment.

The desire to turn a share into a room is due to the following reasons:

• the shared owner does not have his own clearly defined territory;
• it is not allowed to split the account to pay for housing and communal services;
• any action (sale, rent, pledge) in shared ownership must be approved by the co-owners.

Transferring a share in an apartment is possible in one of two ways:

1. Division of shared ownership by agreement of the owners. This option is allowed only on a voluntary basis of all co-owners.
2. The allocation of property by redemption or as an isolated part. To implement this method, you will need to go through the court if at least one of the owners does not agree to allocate the territory on a voluntary basis.

How is equity ownership acquired?

Share rights are acquired upon divorce of spouses, upon inheritance of real estate, and so on. The first thing that is necessary to divide an apartment into shares is to transfer it to the regime of common shared ownership.

This may be by court decision (the size of the determined shares will depend on the rights to real estate) or by agreement of persons.

Thus, individuals will be shared owners who will not be able to fully manage their part.

Rights of owners of shared ownership

The legislation determines what exactly the owner can do with his share:

• own;
• dispose of;
• exploit.

The main condition is that the implementation of rights does not affect the interests of other parties. Therefore, the disposal of real estate in shared ownership is possible only with the consent of other shareholders. Sales and rentals will be possible only with the consent of other shareholders. An exception is donation, which allows you to transfer the area to another person without obtaining consent from the co-owners.

To draw up a will to transfer a share, consent from the co-owners is not required. This rule is based on Article 1119 of the Civil Code of the Russian Federation. If the will does not indicate what share will go to each of the heirs, then the property is divided into equal parts.

Despite the fact that the law does not establish a restriction on the use of a share of an apartment as collateral, banking institutions do not accept such property. The reason is the difficulty of compensating for losses through fractional ownership.

Opportunities for room owners

If a person is a full-fledged owner of a certain room in an apartment, then his rights and opportunities expand.

This way, the owner of the room will be able to carry out any real estate transactions without obtaining consent from the co-owners of the apartment. Only common areas (kitchen, bathroom, corridor) remain indivisible.

The only rule that remains in the case of a room is its sale. Co-owners of the apartment have the first right to purchase real estate, therefore, a month before the transaction, all owners must be notified of the sale of the area.

How to properly allocate a share in an apartment?

Each property owner can take advantage of the opportunity to allocate a room. Public areas cannot be allocated in this way. But to obtain a separate room, you must obtain consent from the co-owners or go to court.

When do you have to allocate shares?

The allocation of a share will be required in the following situations:

• owners constantly conflict, for example, in the presence of bad habits or discomfort caused by various means;
• owners are complete strangers who want to own their space regardless of their roommate;
• if you wish to dispose of the area without the need to coordinate actions with other apartment owners;
• if necessary, sell a share.

Types of allocation and documentation

A problem may arise when trying to allocate a small room. The court may decide when the remaining shareholders pay the cost that the right to ownership is completely lost. The legislation establishes that in some cases the owner of the share will not even be required to agree to receive funds for his part of the apartment.

Such a procedure will be based on Article 252 of the Civil Code of the Russian Federation, according to which a minor share can be transferred into the possession of the remaining owners with payment.

The courts do not favor cases of separation of rooms, since this procedure causes the appearance of more communal apartments.

With full agreement

If each of the owners agrees to the allocation, then they must follow the algorithm:

1. Draw up an agreement on the allocation of shares.
2. The area to be allocated must be properly prepared. It is necessary to divide the area in accordance with the shares of the shareholders. If redevelopment was carried out, then all changes made must be registered in the BTI.
3. If, upon allocation, the area of ​​one of the owners turns out to be less than the share, then the co-owners will have to pay the missing difference. These points must be reflected in the concluded agreement.
4. Registration of new areas in Rosreestr.

When going to court

If at least one of the co-owners does not agree to the allocation of a share, then an appeal to the court will be required. The procedure will take place in accordance with the algorithm:

1. Receive confirmation of the possibility of allocating a share of the apartment. To draw up this document, you will need to invite specialists from the BTI.
2. Submit a statement of claim against each owner. The application must contain complete information regarding the wishes of the shareholder (what kind of real estate the procedure will be carried out, what area exactly needs to be allocated, the size of the shares, and so on). If compensation is required, calculations of the amount are attached.

To file a claim against co-owners for the allocation of an apartment, you must attach the following documents:

• confirmation of ownership;
• certificates from the BTI;
• confirmation of the possibility of allocating a share;
• confirmation of payment of state duty.

Additional documents may also be required, the list of which depends on the need to calculate compensation and other nuances. If the court approves the claim, then the owner of the room will have to go to Rosreestr to register ownership.

What can you do with the received share?

The owner of the share can perform all actions available with the property. But with some of these procedures there are serious conditions, if ignored, the transaction will not be able to take place or the concluded agreement will be canceled.

Sale

A share that is owned by a person can be sold. The sales process is reflected in paragraph 4 of Article 42 of Federal Law No. 218.

A prerequisite is to notify the co-owners of the desire to sell the property, indicating the price and other conditions.

This letter is necessary because shareholders have the primary right to purchase the part of the apartment that is being sold. If they do not intend to buy the share, then a refusal to purchase is drawn up.

If this condition is not met, the concluded purchase and sale transaction is considered invalid. The offer to sell for shareholders will be valid for one month from the date of notification, after which it is automatically assumed that the co-owners do not wish to purchase the property. If the established period has not been taken into account, then the co-owner has the right to go to court within three months.

Rental

You can rent out a share only if you have allocated a certain territory (a room in an apartment). Otherwise, the procedure will not be possible. It is also necessary to obtain consent from the remaining shareholders. Otherwise, they can file a lawsuit asking for compensation or the provision of a share at disposal.

Donation

The opportunity remains with the owner even without the need to obtain consent from other owners. But such a transaction must take place under the terms of the gift agreement (be free of charge). If it turns out that the owner received any form of compensation for the transfer of the share, the transaction will be considered invalid.

The concept of common property

The right of common ownership is the right to own a certain object, for example an apartment, which extends to several persons. This type of ownership has an important feature - the plurality of subjects of ownership.

Common property appears if it is impossible to divide the territory without changing its purpose or the division is prohibited by law.

Article 244 of the Housing Code of the Russian Federation establishes that common property is shared, but not in all cases. Such exceptions are specified in legislation or in the contract. In community property, the standard rule of equal division applies unless the contract or law provides otherwise.

Common joint property differs from shared property. In the first case, the property is a common property, which is not divided into shares.

Community is manifested to the highest degree, since such relationships are established mainly between spouses and other close people.

In the second case, the size of the shares into which the property is divided is determined in advance. The co-owners themselves may be complete strangers.

Allocation of a share using maternity capital

When buying an apartment using maternity capital, a mandatory condition is to register shares for children. This procedure can be followed both during the construction of a house and when purchasing real estate with a mortgage.

The last case is considered the most difficult, since the apartment is pledged.

When allocating a share in an apartment with the help of maternity capital, you will need to independently deal with all issues that are not reflected in a certain order in the legislation.

  Types of private property in the Russian Federation

The document reflects the obligation to allocate shares. The dimensions are not specified in the commitment. The transfer period is 6 months from the moment of complete transfer of the property into the possession of the parents: upon repayment of the mortgage, putting the house into operation, payment of the final payment, and so on.

How to allocate shares in an apartment to children?

1. Removing the encumbrance from the apartment. This happens after the mortgage has been paid in full. After making the last payment, the apartment owner must go to the Registration Chamber to remove the encumbrance. The application must be accompanied by documents confirming ownership and confirmation of payment of the loan in full. The procedure is free and can be processed not only through the chamber, but also through the MFC.
2. Contact a notary to prepare documentation. Transfer of a share is possible on the basis of a gift deed or agreement. The legislation does not establish the need to certify a gift agreement if the donating party is the sole owner or a co-owner with a spouse. Notarization will be required only if at least one of the co-owners is not a spouse.

Due to the absence of the need to obtain a notarized document, the Registration Chamber often asks spouses who are co-owners to first divide the apartment between themselves in shares, and then allocate a part for the children. In this case, certified documents will be used.

The last stage is the registration of the transfer of ownership, which proceeds in accordance with the following algorithm:

1. Draw up a statement on behalf of each owner.
2. Certified deeds of gift or agreement must be attached to the application.
3. Personal documents of all parties (passports, birth and marriage certificates) are attached.
4. Proof of ownership.
5. A receipt confirming that a fee of 2,000 rubles has been paid.

You can submit your application and attached documents directly to the Registration Chamber or the MFC. The registration period is 10 days. After this period, share owners will be able to receive an extract from the Unified State Register indicating all owners.

Correct registration of a share in an apartment for minors

Legislation allows you to register housing shares for minor citizens. But until the age of 18, his legal guardian will be considered the administrator. To register your share correctly you will need:

1. Eliminate debt obligations to pay off a loan for an apartment.
2. Invite a specialist from BTI to ensure the correct distribution of shares.
3. Prepare the necessary documents.
4. Draw up a document from a lawyer to transfer ownership.
5. Complete an application and send it to the registration chamber.
6. Register the child's property rights.

Allocation of premises from a share in an apartment makes sense if its area is large enough to obtain a separate room. Otherwise, a person even risks losing his existing property, albeit with payment from other co-owners. A person will be able to dispose of the allocated room at his own discretion without the need to obtain permission from other owners.

What can you do with your share of ownership in an apartment:

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28 Dec 2018 kasjanenko 51      

How to transfer a house share into a part of a house or residential premises? How to convert a room in an apartment into a share

How to transfer a share to a room

How to transfer a share to a room

I own a share in a 3-room apartment, each of them is assigned an isolated room; in terms of square footage, I own a few more square meters in public areas; each shareholder has his own personal account for paying for utilities. Is it possible to transfer my share to the room?

Let me explain why. No one lives in my living space, I would like to rent it out, but one neighbor is categorically against it.

Brief legal advice

Olga Galkina writes: Your colleague answered you absolutely correctly.

If you have common shared property, then you can ask the court to allocate (living premises) in kind or determine the procedure for using the living premises.

In your case, most likely, allocating a share of living space in kind (rooms) is not possible, because To do this, you need to prove to the court that from one apartment it is possible to arrange two apartments with different entrances, separate bathrooms, and kitchens.

Therefore, you can ask the court to determine the order of use of certain rooms.

But you will remain the owners of equal shares in the right of common shared ownership of the apartment. You will be selling your shares, not your room.

Yes, but selling a share is practically impossible.

Since when selling real estate, you need to accurately indicate the address (location of the property). But in this case it is impossible to determine it.

This is one of the main problems when dividing property.

Share transfer ownership of the room

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Allocate a room to live in if its area exceeds the size due to you. as lawyers advise, it is best to settle it amicably, by agreement of the parties.

It is worth noting that the court can establish not only the procedure for using shares in an apartment. Such a claim can be satisfied, and if the share of one of the owners is less than the living area of ​​the smallest room, it can be allocated in kind.

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We want to sell our 2/3 shares (this share includes the entirety of one large room and there is a court order on the procedure for use), but upon sale, as soon as they find out that it is a share, they immediately do not want to talk further.

And in one forum they answered that it is possible! I quote: —————— The law allows the division of property that is common shared property by allocating a share.

Share or room?

In modern practice, quite often there are cases when the owners of real estate are several owners at once, which means that each of them owns a share or a room in the apartment, depending on the executed documents.

The main and fundamental difference between whether a room in an apartment belongs to the owner or not is, first of all, his right to use the premises.

Is it possible to turn an apartment into a communal apartment?

Until now, a large number of citizens live in communal apartments, despite the fact that the task was set long ago - get rid of communal apartments from Russian life!

This is indeed still one of the most socially significant housing problems.

Needless to say, even now some citizens dream of turning an ordinary apartment into a communal apartment and splitting bills. For example, ex-spouses who are forced to live in the same living space because it cannot be exchanged.

Division of an apartment in shared ownership

Division and allotment of shares in an apartment are slightly different concepts.

The division represents the termination of all owners of the apartment on their shares in the ownership and recognition of ownership of specific residential premises in the apartment. At the same time, common areas (hallway, kitchen, bathroom) remain in common shared ownership.

The division can occur by agreement of all co-owners, for example, in a three-room apartment, three co-owners each have a third share in the right.

juridicheskii.ru

how to turn a share in an apartment into your own separate room? |

Share in an apartment: how to turn a share in an apartment into your own separate room?

An apartment, like any property, can be owned by one person or several persons at the same time - in the latter case, the property is recognized as common.

The law provides for two types of common property – shared and joint. Joint property can only arise between strictly defined categories of subjects, primarily spouses.

In all other cases, when the law does not directly indicate that property is joint, it is considered shared.

• The fundamental difference is that with shared ownership the shares of all co-owners are initially determined (they are indicated in the documents), but with joint ownership they are not.
• Having a share in common property (no matter whether it is joint or shared), you should understand that this is not a specific part of the property.
• If your ownership documents indicate, for example, “1/3 of the ownership of an apartment,” then you do not automatically become the owner of one of the three rooms in this apartment.
• Therefore, owning a share in an apartment brings a lot of inconvenience:
• - the co-owner is not assigned a certain part of the property, which he can designate as his own,
• — it is impossible to allocate a personal account for separate payment of utilities,
• - you cannot freely dispose of your share: any action must be agreed upon with all other co-owners (from registration in the apartment to the sale of the share).
• In addition, a share in an apartment is always valued lower than a separate room.

Therefore, it is better to allocate your share in the apartment into a separate room. How can I do that?

1. The law allows two options:
2. - divide shared ownership by agreement of all co-owners
3. - allocate your share from the common property: either in kind (in the form of a separate, isolated part of the property), or by buying out the share by the remaining co-owners.

1. Division of shared ownership is possible only voluntarily if all co-owners of the apartment agree to this

The agreement is subject to mandatory certification by a notary; it is necessary to submit documents confirming ownership of the property.

The shares are distributed as agreed by the co-owners (the area of ​​the room is compared with the share - the deficiency or excess is compensated for by money).

2. Allocation of a share in the apartment

• Each co-owner has the right to demand the allocation of his share from the common property.
• Such a division can be made either voluntarily, by concluding an agreement by all co-owners (as in the case of division), or compulsorily, through the court.
• Unlike division, when shared ownership is terminated for all co-owners, the allocation of a share does not entail such consequences.
• Shared ownership ceases only for the co-owner who allocated the share - he acquires personal property, and the rest continue to retain shared ownership.
• When the remaining co-owners do not agree to allocate a separate room, this issue is resolved by the court.

There are two options here: either the court will allocate the share “in kind” (i.e., assign a specific part of the property to the plaintiff), or oblige the remaining co-owners to pay the cost of the allocated share.

Allotment “in kind” is permitted provided that after the allotment, a separate living space with a separate entrance and auxiliary premises will be formed. As a rule, this cannot be ensured in a standard apartment.

What if a co-owner needs a document on ownership specifically for a room, but there is no technical possibility to allocate it “in kind”?

This option is possible: to determine in court the real share in the apartment. So far, mostly positive practice has emerged regarding such requirements.

The court determines that the co-owner's share in the apartment corresponds to such and such a room. You will first need to obtain a technical passport for this room.

1. Based on the court decision, the co-owner can already issue a certificate of ownership of the room in Rosreestr, which will allow him to dispose of it completely at his own discretion.
2. Meanwhile, he retains the right of shared ownership of the common areas in the apartment; it will automatically pass to the buyer in the event of the sale of the room.
3. Thus, there are currently no special obstacles to transferring a share in an apartment to a separate room.
4. Know your rights and use them!
5. Source
6. zagorodnaya-life.ru

How to transfer the share of an apartment in 2018

Author KakSimply!

The transaction of transfer or purchase and sale of a share of an apartment has its own characteristics. The only condition is that the share must be registered as property, and it can only be purchased from the owner.

Related articles:

You will need

• — all available documents for the share;
• — notarized permission;
• — cadastral extract;
• - contract of sale;
• — act of acceptance and transfer;
• - passport;
• — extract from the house register and personal account;
• — application to the registration service;
• — receipt of payment of state duty;
• — copies of all specified documents.

Instructions

When purchasing or transferring a share of residential space, you should read all the documents before concluding the transaction. Keep in mind that you can only sell a share of an apartment that has a separate certificate of ownership and is allocated in kind.

Because

any co-owner has the right of first refusal on a general basis and on the terms of the seller, then the seller of the share must first notify all co-owners of the sale of his share of the property. If no one has taken advantage of the right, then the seller can sell his share to any person after 30 days. In this case, notarized permission from other co-shareholders is not required.

If the share is registered as shared ownership, then a notarized permission from all co-owners is required. Also, for transfer or sale, you will need a notarial permission, if you are in a registered marriage, from your other half. If among the owners of a share of an apartment there are persons with limited legal capacity, minors or incompetent persons, then a notarized permission for the transaction is required from guardians or legal representatives, from parents, as well as a resolution from the guardianship and trusteeship authority.

Next, an agreement is concluded and an act of acceptance and transfer of the apartment is drawn up. With all the documents that confirm the transaction, submit an application to the registration service.

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• Video on the topic
• note

It is impossible to sell a share to an outsider if the apartment was divided into shares as a percentage, and allocating a share in kind to each owner is impossible. Here it is only possible to receive an amount equal to the share of property from other co-owners.

Helpful advice

The agreement must be in writing. After 30 days from the date of submitting the documents, you will be able to receive a certificate of ownership of the apartment’s share.

Sources:

How to turn a share in an apartment into your own separate room?

An apartment, like any property, can be owned by one person or several persons at the same time - in the latter case, the property is recognized as common.

The law provides for two types of common property – shared and joint. Joint property can only arise between strictly defined categories of subjects, primarily spouses.

• In all other cases, when the law does not directly indicate that property is joint, it is considered shared.
• The fundamental difference is that with shared ownership the shares of all co-owners are initially determined (they are indicated in the documents), but with joint ownership they are not.
• Having a share in common property (no matter whether it is joint or shared), you should understand that this is not a specific part of the property.
• If your ownership documents indicate, for example, “1/3 of the ownership of an apartment,” then you do not automatically become the owner of one of the three rooms in this apartment.
• Therefore, owning a share in an apartment brings a lot of inconvenience:

- the co-owner is not assigned a certain part of the property, which he can designate as his own; - it is impossible to allocate a personal account for separate payment of utilities; - you cannot freely dispose of your share: any action must be agreed upon with all other co-owners (starting from registration in the apartment and ending with the sale of the share).

In addition, a share in an apartment is always valued lower than a separate room.

Therefore, it is better to allocate your share in the apartment into a separate room. How can I do that?

The law allows two options:

- to divide shared ownership by agreement of all co-owners - to separate your share from the common property: either in kind (in the form of a separate, isolated part of the property), or by buying out the share by the remaining co-owners.

1. Division of shared ownership is possible only voluntarily if all co-owners of the apartment agree to this.

The agreement is subject to mandatory certification by a notary; it is necessary to submit documents confirming ownership of the property.

The shares are distributed as agreed by the co-owners (the area of ​​the room is compared with the share - the deficiency or excess is compensated for by money).

2. Allocation of a share in the apartment.

1. Each co-owner has the right to demand the allocation of his share from the common property.
2. Such a division can be made either voluntarily, by concluding an agreement by all co-owners (as in the case of division), or compulsorily, through the court.
3. Unlike division, when shared ownership is terminated for all co-owners, the allocation of a share does not entail such consequences.
4. Shared ownership ceases only for the co-owner who allocated the share - he acquires personal property, and the rest continue to retain shared ownership.
5. When the remaining co-owners do not agree to allocate a separate room, this issue is resolved by the court.

There are two options here: either the court will allocate the share “in kind” (i.e., assign a specific part of the property to the plaintiff), or oblige the remaining co-owners to pay the cost of the allocated share.

Allotment “in kind” is permitted provided that after the allotment, a separate living space with a separate entrance and auxiliary premises will be formed. As a rule, this cannot be ensured in a standard apartment.

What if a co-owner needs a document on ownership specifically for a room, but there is no technical possibility to allocate it “in kind”?

This option is possible: to determine in court the real share in the apartment . So far, mostly positive practice has emerged regarding such requirements.

The court determines that the co-owner's share in the apartment corresponds to such and such a room. You will first need to obtain a technical passport for this room.

• Based on the court decision, the co-owner can already issue a certificate of ownership of the room in Rosreestr, which will allow him to dispose of it completely at his own discretion.
• Meanwhile, he retains the right of shared ownership of the common areas in the apartment; it will automatically pass to the buyer in the event of the sale of the room.
• Thus, there are currently no special obstacles to transferring a share in an apartment to a separate room.
• Know your rights and use them!

© Sivakova I. V., 2018

How to transfer a share in an apartment to a room

This article describes in detail how to transfer a share in an apartment to a room, and everything you need to know about it. People begin to think about how to transfer a share in an apartment into a room when dividing or selling real estate. There is a solution to the problem.

Since the beginning of the transfer of real estate to Russian citizens for free ownership, happy owners of square meters began to appear. Now you can purchase an apartment not only as a result of privatization, but also by simply purchasing it, or accepting it as a gift, or receiving it by inheritance. You can own an apartment individually or jointly with someone else.

Dear readers! Our articles talk about ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (800) 555-93-50. It's fast and free!

The Civil Code of the Russian Federation in Article 244 determined that if an apartment belongs to two, three or more citizens, then the right of ownership is common. If you allocate shares in joint real estate, then ownership will be shared.

If the ill-fated square meters are quite legitimately claimed by more than a dozen owners.

According to civil law, the owner freely owns and disposes of property. He can live in an apartment alone, or with his family, or rent it out (Article 288 of the Civil Code of the Russian Federation and Article 30 of the Housing Code of the Russian Federation). There is also the opportunity to donate, sell and bequeath an apartment.

How is a share right acquired?

Real estate is usually divided into its component parts when:

• making transactions with it (donation, sale, exchange),
• receipt of inheritance by several persons,
• division of property acquired during marriage,
• housing privatization,
• as a result of the consideration of the case by the court.

The initial alienation of a share in the apartment is possible. And even the share can be legally divided into even smaller components.

The second version of the division, when a civil transaction is completed in full with the entire area of ​​​​the apartment. As a result, it is broken into its constituent parts. For example, receiving an inheritance. There is only one apartment, but several people inherit it. According to the will, or according to the law, there is no meaning.

Rights of owners of shared ownership

Each owner who owns part of the housing has all the rights given by civil law. Without any restrictions. All participants in shared ownership have the right to dispose, within established limits, of common areas in an apartment building, elevator, entrance, etc.

It doesn’t matter at all whether the owner of the property right lives in his apartment or not. He is obliged to make payments for it (in the amount of his share) and pay established taxes. He has the right to move his family members into the apartment.

In accordance with civil law, a person’s close relatives are his mother and father, grandparents, siblings and half-brothers and sisters, daughters, sons and grandchildren, as well as a spouse.

Shared home ownership still has a number of obstacles:

• Third parties can be registered with the written consent of all shareholders.
• When selling a share, you should offer to buy it in writing to the co-owners. Moreover, for the same price for which the property is sold to third parties. And upon receipt of a written refusal to purchase, sell to strangers. This is called the right of first refusal.

The right of common shared ownership applies to all types of residential real estate: house, apartment, room.

How to allocate a share in kind

The transfer of a share in an apartment to a room, in the language of lawyers, is called the allocation of a share in kind.

The most optimal option for allotment is voluntary agreement on the issue with the other co-owners. This approach is regulated by Article 252 of the Civil Code. You should enter into a written agreement with your roommates, register it with the Federal Reserve System, and the room is yours.

The allocation of a share in kind is full recognition of the ownership of an isolated separate premises.

However, it is worth remembering that allocation in kind is possible in relation to isolated premises. That is, the room that one person is claiming should not be a walk-through room.

The second option is more dramatic. If there is no agreement, the road lies in court.

According to a court decision, subject to the conditions of isolation, and in a private house, also the presence of an individual entrance, a positive court decision is possible.

It is not possible to allocate a room; the court will establish, at the request of the parties, the procedure for using the joint shared property.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:

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Opportunities for room owners

The owners of rooms in communal apartments also have shared ownership of common areas - kitchen premises, corridors, bathrooms, storage rooms (Articles 41, 42 of the Housing Code of the Russian Federation). They are required to keep them in good sanitary and technical condition.

These people can only manage and freely own their own room. Sell ​​or donate at your own discretion, without coordinating the position with other utility companies.

An allocated share in kind, in other words, a room, can be sold for much more than just a shared participation in the ownership of housing.

 In this article, you learned how to transfer a share in an apartment to a room. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave a request on our website and our lawyers will call you back.

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How to transfer a share in an apartment to a room? — Pravoved.ru

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Hello!

I own a share in a 3-room apartment, each share is assigned an isolated room, in terms of square footage I own a few more square meters in public areas, each shareholder has his own personal account for paying for utilities. Is it possible to transfer my share to the room? Let me explain why.

No one lives in my living space, I would like to rent it out, but one neighbor is categorically against it. The second neighbor, like me, would also like to transfer her share to a room. Can we transfer our shares to rooms without the consent of the 3rd neighbor?

A neighbor who lives there with her family, she has a 5-year-old daughter and a husband, she herself is the guardian of the owner of this share, her minor son owns the share.

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Lawyers' answers (1)

Thus, in the Determination of the Moscow City Court dated June 20, 2011 in case No. 33-18527 it was stated:

... Based on the fact that Sh. owns a share in the right of common ownership of the apartment located at the address: , and also taking into account that in the said apartment there is an isolated room measuring sq. m.

m, which approximately corresponds to her share in the disputed apartment, the judicial panel believes that the court lawfully allocated for her use an isolated room N, measuring sq. m. m, and allocated X. two other living rooms N, size sq. m and N size sq.

m, and also established a regime for the general use of common areas: corridors, kitchen, restroom, bathroom, and moved Sh. into the disputed apartment, due to the fact that she has the right to live in this apartment as its co-owner and use her share, in accordance with Art. 247 Civil Code of the Russian Federation.

According to the legal position of the Constitutional Court of the Russian Federation, expressed in the Determination of February 7, 2008 N 242-О-О (clause 2.1.):

Article 252 of the Civil Code of the Russian Federation establishes a general principle, which presupposes the need to reach an agreement between all participants in shared ownership on the method and conditions for dividing property in shared ownership, or allocating a share of the property of one of them (clauses 1 and 2).

At the same time, this article provides that the failure of the participants in shared ownership to reach an appropriate agreement does not deprive them of their subjective right to the division of common property or the allocation of a share in kind from it and that the interested participant has the right to submit to the court a demand for the allocation of his share from the common property, and if the allocation shares in kind is not allowed by law or is impossible without disproportionate damage to property in common ownership, the allocated owner has the right to payment to him of the value of his share by other participants in shared ownership (clause 3). According to paragraph two of paragraph 4 of Article 252 of the Civil Code of the Russian Federation, payment to a participant in shared ownership property by the remaining owners, compensation instead of the allocation of his share in kind is allowed with his consent, however, in exceptional cases, the court may decide to pay monetary compensation to the plaintiff demanding the allocation of a share in kind, without his consent: in particular, if the owner’s share is insignificant, there cannot be is actually allocated and he does not have a significant interest in the use of the common property, the court may, even in the absence of his consent to compensation of the share in kind, oblige the remaining participants in the shared ownership to pay him appropriate compensation.

The Cassation ruling of the Perm Regional Court dated May 11, 2011 in case No. 33-4572 states:

From the contents of Art. 252 of the Civil Code of the Russian Federation it follows that property can be divided in kind if this is permitted by law and is possible without disproportionate damage to property. Under the same conditions, it is also possible to allocate a share in kind.

Partition (allocation of shares) in kind means the allocation to co-owners of independent isolated parts of the apartment.

It is possible to make a division (allocation of a share) in kind of an apartment only in those rare cases when the layout allows each of the co-owners to allocate isolated parts of this apartment: living quarters and utility rooms (kitchen, bathroom, hallway, corridor) with independent exits, i.e. . actually separate apartments.

Since the room is... sq. m.

cannot be allocated in kind together with the equipment and utility rooms serving the given room; the allocation in kind of a share in the form of a room from the common property and the termination of common ownership of the property in the case under consideration are impossible . The plaintiff has not presented evidence to the contrary. Since a share in kind cannot be allocated, compensation cannot be paid due to the disproportion of the allocated property to the plaintiff’s share.

From the explanations of the plaintiff’s representative in the cassation court, it follows that by the allocation of a share in kind, the plaintiff understood the transformation of her ideal share in the right of common ownership into the right of ownership of a room, which is not provided for by current legislation...

Procedure for transferring a room from shared ownership

In both cases, you will need to submit a certain package of documents, namely: - all certificates of ownership (indicating shares); - extract from the Unified State Register; - cadastral passport for the apartment; - apartment plan; - characteristics of the residential premises ( Form No. 7); - certificate of registration (Form No. 9); - certified copies of contracts and certificates that may form the basis for the right to property. In addition, if you file a claim in court to determine the value of the share, you can submit the relevant documents from the BTI, as well as an independent expert’s opinion on its estimated value.

Transfer of ownership of “share” to “room”

Panada wrote: Viktor-3w wrote: If the other co-owners agree, then there are no problems at all. If not, then go to court - the most humane option. Find a smart realtor. Let's assume this is true. All other owners agree.

Now, with copies of certificates and passports, we go to the BTI to issue a separate technical inspection. Passport for rooms (still in the form of shares) and then immediately to the registry.

Chamber? And there they will re-register our shares in rooms # 1/2/3? Even if all the owners agree, the allocation of a share in kind (and this is the name of what you want to do) can only be done through the court.

It is the court decision that will be the basis for Rosreestr to change the entry and issue new certificates. The allocation of shares of property in kind is regulated by Article 252. Civil Code of the Russian Federation. And legally it is possible, yes.

How to transfer a share in an apartment to a room?

Extrajudicial allocation: agreement on the allocation of shares from joint and shared property Allocation of unregistered property from common shared property Notarial obligation on the allocation of shares: sample Allocation in kind in court Allocation out of court: agreement on the allocation of shares from joint and shared property Joint ownership involves ownership of property without allocation of shares. The allocation of shares from common joint property occurs in the same order as from common shared property, if the object is divided in kind. The only difference is that in the case of joint ownership, it is necessary to first determine the size of the shares of the co-owners.

The owner’s right to allocate a share from the common shared property is enshrined in Art. 252 of the Civil Code of the Russian Federation.

How to select a room from a share

But there is also law enforcement judicial practice, when courts, interpreting this or that rule of law, “invent,” in essence, a new rule, thereby changing or supplementing the law, which, of course, is not correct and not the court’s business, but what we have is then we have.

As far as I understand, when refusing to allocate shares of an apartment in kind to the plaintiffs, the courts rely on the Joint Resolutions of the Plenum of the Supreme Court of the Russian Federation No. 6 and the Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 of July 1.

1996 “On some issues related to the application of part one of the Civil Code of the Russian Federation” “in accordance with paragraph 3 of Article 252, the court has the right to refuse the claim of a participant in shared ownership for the allocation of his share in kind, if the allocation is impossible without disproportionate damage to the property located in common property.

How to transfer a share to residential premises

Such a claim can be satisfied, and if the share of one of the owners is less than the living area of ​​the smallest room, it can be allocated in kind.

2 Therefore, if you are not satisfied with the procedure for using the apartment prescribed by the court, file a claim to establish the value of your share in monetary and other terms (for example, you can exchange your share for a car or a dacha).

How to allocate a share from the common shared property?

The question of how to allocate shares in common joint property (as well as from shared property) can be solved in 2 ways:

• out of court;
• by going to court.

An out-of-court procedure is acceptable if the owners do not object. It is formalized by an agreement between them, which specifies the value of the parts of the common object allocated to each co-owner, equal to the value of the share of each of them.

A sample agreement can be found at the link: Sample agreement on the allocation of a share.

I have the following question: in a 3-room apartment with an area of ​​60 sq. m I have a 1/4 share (I am not registered in the apartment, I am registered elsewhere), I want to transfer this share to a room in this apartment through the court, I have is there any point in doing this? And what documents will be needed? There is still 1/2 share in the 1st apartment, is it possible to sell it all? question number No. 1934862 read 2385 times Urgent legal consultation 8 800 505-91-11 free

• Dear Anton! It is possible to sell real estate without a trial, subject to the rules of preemption. Sincerely, lawyer Salita Dmitry Yuryevich +7-926-736-17-01, +7-985-818-12-12 Personal consultation
• Hello Anton! You can only determine the procedure for using the housing, but the rooms are designated for the use (!) of co-owners, and NOT for ownership.

Such damage should be understood as the impossibility of using the property for its intended purpose, a significant deterioration in its technical condition or a decrease in material or artistic value (for example, a collection of paintings, coins, libraries), inconvenience in use, etc.” Clause 7 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 10, 1980.

No. 4 “On some issues of the practice of consideration by courts of disputes arising between participants in the common ownership of a residential building” in terms of disproportionate damage to a building also contains the following explanation: “disproportionate damage to the economic purpose of a building should be understood as a significant deterioration in the technical condition of the house, the transformation as a result of the conversion of residential premises into non-residential premises, provision of shares of premises that cannot be used for housing due to the small size of the area or the inconvenience of using them, etc.” The deadlines within which the obligation must be fulfilled by the parents-developers (or the seller of real estate) are established by Law No. 256:

• within 6 months after receiving the cadastral passport for the built house;
• within 6 months after the Pension Fund transfers money to purchase a house.

IMPORTANT! All children who are in the family at the time the mortgage is repaid will need to allocate shares. The size of the shares to be allocated is not specified in the law. The text of the obligation does not require an indication of the size of the share.

A sample of a notarial obligation can be found here: Sample of a notarial obligation to allocate a share. Allocation in kind in court The owner, in the course of exercising his rights to a share, may encounter opposition from co-owners. In this case, the share in kind is allocated in court.

The only way is to file a lawsuit demanding:

• recognize the property as common shared property;
• divide it according to shares;
• allocate a share in kind.

In this case, in court it will be necessary to prove:

• that the couple purchased the property with joint money;
• the acquisition transaction was approved by both parties.

Notarial obligation to allocate shares: sample This document is used to guarantee the obligation of parents to allocate to their children a share in housing purchased or built at the expense of maternal capital (the obligation is provided for in paragraph 4 of Article 10 of the Law “On Additional Measures of State Support for Families with Children” dated December 29, 2006 No. 256). To formalize it, you must contact a notary.