How to allocate the share in the apartment: step-by-step instruction 2023 — allocation of the share in kind from the total share of the property in the apartment

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A private home may be owned by several persons at the same time, in which case there is common property ownership of real estate.

Life circumstances sometimes require the allocation of a share in a private home in kind, for example in the case of the sale of property and in a number of other situations.

Consider more detailed ways of separating the share and characterization of such real estate.

Regulation of total equity property

Share ownership implies that several citizens have rights to property; common property may be created under the following conditions:

• The conclusion of a transaction;
• The inheritance;
• The creation of a farm;
• building a house together and so on.

Depending on the size of the share and the type of ownership, each owner covers the maintenance costs and may receive income.

Although there is a definition of the parts owned by the participants, the shareholders may use their shares, but they may dispose of the property by mutual agreement. If this is not possible, they may claim monetary compensation from the other parties.

The right of common ownership is terminated by the division of property or by the division of parts from property. When the common property is divided, it is terminated for all participants. In the case of the distribution, it is for one person.

Size of share in total ownership

According to article 245 of the Civil Code, shares in common property are allocated on an equal footing; other provisions may be provided for by contract or by law; the size of the parts is determined by the contributions of the participants; it is influenced by the improvements made to the object, which increase the market value of real estate.

The co-owner who contributes to the facility is entitled to an increase in his share of the common property.

The most important nuances of the operation of common property are laid down in the agreement between the parties, and the document also sets out the procedure for determining and changing shares.

Determination of the share in the private house

The allocation of a portion of the house from the total share of property is required for a variety of reasons:

1. Freedom of share management: For example, the co-owner organizes new construction or wants to give a part of the premises.
2. In order to avoid conflicts and contradictions, other owners may hinder the management of a private house, and by allocating a share, the owner becomes independent of the others.
3. Lack of money: Real estate, which is a common equity property, is a potential source of income; it is not surprising that citizens are interested in whether one-fourth of the share of the house can be allocated to their future discretion: rent, sell, mortgage and so on.

The allocation of shares is carried out in one of two ways:

• By agreement of the parties, a certain dwelling has been set aside, and the co-owners are not against it.
• in court if at least one of the owners objects or needs to determine the amount of monetary compensation for the share.

Faster and more economical is the out-of-court solution, but not always the co-owners reach a compromise.

Realization of property without allocation in kind

The sale of a share in a private house consists of several stages: first, the owner must calculate the value of his share of the property, for which it is desirable to order a professional evaluation.

A notary may assist in drawing up an appeal to the co-owners, although it is not difficult for a notice to be written on its own and then delivered in person or sent by mail.

So, there's no doubt that you can sell a share of the house without being singled out in kind. The legislator does not prohibit such transactions. It's enough that the part is clearly defined, for example, 1/4 of the object. In most cases, the share that's not in kind is bought by the co-owners of the property. This allows them to increase their ownership.

Means of allocating a share in the house

The algorithm for the allocation of a part in real estate depends on the existence of an agreement between the co-owners; if there is no contract, the matter is decided by the court.

Let's discuss in order how to allocate a share in kind in a private house on the basis of an agreement:

1. Prepare an isolated room: remodel or complete.
2. Order a technical passport at the BTI.
3. A real estate assessment should be carried out, and specialists should be consulted for this purpose.
4. To enter into an agreement with the other parties; the document is issued to each owner and one copy remains with the registration authorities.
5. Register property in Rosreister.

Here's what an exemplary step-by-step regulation is going to look like in court:

1. Preparation of site documents.
2. Formulation and filing of a statement of claim.
3. Participation in court proceedings: If the owner is unable to attend personally, his rights will be protected by another citizen of power.
4. The title to the allocated portion of the house.

If the court has ruled in favour of the plaintiff and the citizen has been allowed to allocate his or her share, the portion of the property received shall be recorded in Rosreister.

Conditions for allocation of in kind

Part of the house shall be separated under such conditions:

1. A living room is a homeowner.
2. The allocation of a share would not cause harm to common property.
3. After the procedure, the facility will be used for its intended purpose without infringing the rights of the owners.
4. As a result, the value of real estate will not decrease.

Ideally, the proportion of the dwelling is expressed in the construction of an isolated room with a separate entrance.

Monetary compensation

Sometimes a part of the property is too small or of no interest to the participant; when it is not possible to separate the premises clearly by the shares, the new owner must compensate the former landlord for the difference; payment shall be made to one of the owners only upon his consent.

This is not the case if there is a small share in the private house, for example, one owner has 9/10 from the premises and the other owner has 1/10.

If no compromise can be reached, the parties shall refer the case to the court, after which one of the following decisions may be taken:

• The plaintiff agrees to withdraw the claim for a share in kind in exchange for material compensation; his right to property is lost upon receipt of the money;
• The plaintiff does not want compensation, but his share is insignificant; the court imposes an obligation on him to accept the monetary equivalent of part of the property;
• The first owner does not agree to compensation and there is no evidence that the claimant ' s share is insignificant; ownership of a part of the facility does not cease.

By agreement between owners

If an agreement is reached between the co-owners, the following actions should be taken:

1. Reassembly the site to provide a separate living space, which can then be processed as a percentage.
2. To obtain a technical passport for a house of change, you must enter into a contract with a cadastral engineer to obtain a passport; the completed technical plan has two forms: paper and digitally signed electronic (article 24 of FL 218 of 13 July 2023).
3. To enter into an agreement on the basis of which a share of the dwelling in kind is allocated; the document specifies the value of the premises / the proportion of the property.
4. Go to Rosreister (can do this through the IFC) to register changes in ownership of the house.

A work permit is required for the restructuring or adaptation of real estate, which is the responsibility of the competent committee of the municipal education administration.

Often the allocation of a share in the ownership of the house is accompanied by the need to evaluate the property; since owners may disagree on the value of the property, it is advisable to use the services of experts; when a compromise is reached, the parties sign an agreement on the allocation of the share in kind.

Model agreement on the allocation of a share of the home in kind

Judicially allocated shares

In practice, it was not always possible to allocate part of the house by agreement with the other owners, and citizens then applied to the courts to protect property interests.

Order of action:

1. Preparation of technical documentation for the site: BTI passport (if the building is older than 2013), finding that it is not possible to allocate from the common property of a private house in kind (is issued by the construction and construction companies).
2. Preparation and filing of a statement of claim: The document details the characteristics of the house, the estimated size of the allocated share and other important nuances; the claim is accompanied by technical papers, confirmation of the plaintiff ' s ownership (extract from the EGRN).
3. Participation in court proceedings.
4. The issuance of title to the allocated share.

• It would be better to seek the assistance of a lawyer in order to express your point of view in a court of law.
• The list of documents for the share of the house is as follows:

1. Statement of claim.

   • Model statement of claim

2. Right-making documents for the home (contract on privatization, inheritance, etc.).
3. The applicant ' s passport.
4. Conclusion on the possibility of allocating a share in kind.
5. Documents supporting the plaintiff ' s claims: contracts, receipts.
6. A receipt of the payment of the majesty.

The defendants are co-owners of the house.

In filing a claim for a share of the land and home, in addition to information on the dwelling, the claimant must provide information on the area in which the site is located (cadastral number, purpose of the plot, etc.).

Jurisdiction is determined at the place of registration of real property.

Registration of changes in ownership in Rostreestra organs

The final step is the establishment of the property share of the house, which requires contact with the Rostreestra authorities and the submission of the following documents:

1. A statement from each of the owners.
2. Housing rights.
3. Agreement on the allocation of a share in kind or a court decision that has entered into force.
4. Claimants ' passports.
5. Notarized power of attorney if the documents are not submitted by the owner.

The staff of the registration authority will issue new certificates confirming the in-kind shares.

The application to Rosreestre through the IFC is processed for an average of two weeks, 30 days later the co-owners will have confirmation of the registration, and the refusal to issue an discharge from the EGRN can be appealed within 10 days.

Costs of determining the ownership portion

How much is a share in kind depends on the manner in which the procedure is conducted; in the case of legal proceedings, the State will have to pay (art. 333.19 of the Constitution of the Russian Federation); the procedure for calculating the fee depends on the status of the judicial body and the type of application; most often, the application is filed with the arbitral tribunals.

When a property claim is filed, the amount of the fee depends on the price of the claim specified by the applicant; if a person has done so wrong, the value is determined by the court (art. 103 of the PCA of the Russian Federation and art. 333.22 of the NC of the Russian Federation).

In the calculation of the sum of the public service, the claimed damages are taken into account; if there are more than one claim, they are added together.

The voluntary share would be cheaper:

• The notary ' s form of agreement:
  • Preparation of the document - from 3,000 rubles,
  • It's just an I.D. - 500 rubles,
  • Technical services - between 1,000 and 2,000 roubles;
• The technical plan for the home is between 8,000 and 20,000 rubles (the price depends on the region);
• Registration of changes in Rosreister:
  • From the proponent - 2,000 rubles,
  • Of the co-owners, 350 roubles each for changes in shares.

If reconstruction of parts of the house is required, the costs will increase significantly.

Children ' s share

Part of the dwelling is necessarily allocated to children if parents use government funds under the Mother Capital programme to purchase or build a house.

There are two ways in which child ownership can be obtained:

1. Set up an agreement to allocate a percentage of children to the use of mammary.
2. To enter into a gift contract.

An agreement to allocate a share of children in a private home is often made by a notary, but it is an additional guarantee of the correct conclusion of the transaction.

The gift contract is based on a standard algorithm. Citizens fill out papers themselves or seek help from a specialist.

Jurisprudence

In order to argue a position in court, the plaintiff must present evidence of his or her right, and case law shows that there is often an expert opinion that helps to determine whether property can be divided.

When making a decision, the court shall take into account:

• The suitability of the house for operation after the allocation of the share;
• The rights and interests of third parties;
• Accuracy of the actual share of the legislation.

Sometimes there is a need for an independent valuation of property, which is necessary to determine precisely the value of a part of an object owned by a citizen.

Conclusion

The allocation of the share in kind is based on an agreement between the owners or a court decision; depending on the method used, the act of the person concerned is determined by the algorithm; if it is not possible to allocate the share in kind, the owner receives monetary compensation for part of the property.

How to allocate the share of the apartment: important points

The allocation of a share in the dwelling in kind is made if the property is in common equity or joint ownership; the existence of a share does not mean that the owner may use a particular part of the dwelling.

The allocation of a share in the dwelling ceases to be the right to live on a dwelling if the landlord receives monetary compensation for his or her part of the real estate; the owner of a smaller part of the property may, in practice, occupy a large space; and the use of the equity property is governed by an agreement between the owners or by a court.

Voluntary release

• The best option, where it is possible to allocate a share of the dwelling, would be to ensure that the share corresponds to a separate housing unit and that other owners of common property do not object to the room becoming a separate real estate object.
• It is more difficult to determine a living area where the shares do not correspond to the actual square metres occupied.
• The voluntary determination of shares is possible by agreement between the parties (written).

• Legally defined shares of each real estate owner;
• Information on the general and residential area of the premises;
• Housing documents - an extract from the BTI;
• Certificates of ownership of housing or individual shares, if their legal dimensions have been previously determined;
• The value of the property – if the parties wish to include such information in the agreement.

A share of the apartment needs to be allocated, taking into account the rights of the minor child.If a part of the dwelling is to be handed over to such a buyer, the guardianship authorities may be involved in the transaction, which must agree that the excluded part of the property does not violate the rights of other minors.The child ' s share is equal to that which he occupied prior to the signing of the agreement.

Protection of rights in court

Article 285 of the Russian Civil Code establishes provisions on joint ownership. The apartment may be indivisible, i.e. the owner cannot provide each owner with an isolated room with separate communications, kitchens, bathrooms and toilets.

It is possible to try to obtain, through a court of law, shares in kind from several families ' real estate, in accordance with the rules of articles 131 and 132 of the Criminal Code of the Russian Federation.

It is important to argue on the technical condition of real estate: if the joint property corresponds to a single room, the court will satisfy the requirements; it is difficult to separate the share in the apartment without isolated premises; in such a situation, claims are likely to be denied.

The following documents should be attached to the application:

• A certificate of ownership of real property;
• Technical documents - cadastral passport, BTI certificate;
• A right-making document for a dwelling - a contract for the sale of a share, a certificate of succession;
• A document on the payment of the State duty;

An action must be heard with the participation of the parties concerned; if the court satisfies the plaintiff ' s claim, the share shall be registered as a separate real estate.

The judge ' s ruling is the basis for registration in Rosreestre, and new legal information is necessary for the sale of the allocated share at a market price.

Alternative method of obtaining a share

Most of these conflict situations end with the conclusion that it is not possible to give a share in kind; apartments are common kitchens, bathrooms, toilets, but dolls can obtain a court order for the use of the dwelling.

The judge ' s decision applies specifically to those officials who have applied to the authorities for protection of their rights, and the new owner of the share will have to determine how the dwelling is to be used on his own.

It is possible to settle the conflict in a contractual manner: the dwelling is an indivisible item in accordance with the provisions of article 133 of the Criminal Code of the Russian Federation; such a facility cannot be divided without causing disproportionate damage to the dwelling; it may then be replaced by an obligation to pay monetary compensation corresponding to the real value of the property.

A spouse ' s share can only be allocated after the sale of real property or the determination of how to use it.A spouse may request an increase in his or her part of the dwelling if he or she is raising a child.Part of the minor ' s living quarters, which may be placed in trust, is also taken into account.

The division of spouses ' real estate is arranged contractually or through a court of law, and consideration is given to the possibility of remodelling and creating several isolated housing units from one facility.

A share is also available not only in the joint ownership of the spouses, but also in the ownership of the property to which the dwelling is transferred, and the shares may be set not only in abstract size, but also in kind, for which real estate must meet certain requirements – not to contain illegal alterations, to comply with sanitary and building standards.

An important requirement is the existence of the necessary enabling documents on an entire or shared property.

The value of the output depends on the volume of technical and legal activities carried out, and the costs are related to the cost of real estate and court expenses.

Such a procedure was difficult to implement on its own, since, if a person sought to defend his rights through a court of law, it was necessary to make a sound case before the courts and to prepare a legal and substantive statement of claim.

The treaty order is also complex, as it is necessary to ensure that the terms and conditions are met by all the parties concerned; the assistance of a specialist in such disputes is desirable and contributes to the favourable conclusion of all legally important actions.

Any questions left?Write your question in the form below and receive a detailed legal advice:

Share of the apartment in kind: case law

• The main problem arises because the share in the total share of property is an intangible phenomenon, because it is only a right and not a material thing.
• Often, a person cannot or does not wish to exercise such a right, which means that the person has the right to claim his or her share.
• This procedure can be done in two ways: by agreement among owners, or by a decision of a judicial authority.

There are, in general, several owners of flats, i.e. they are shared property, and the question that arises is: can the ownership status be terminated because of the division of the flat?

This termination implies that each partner will be the owner of the room as a separate independent object of the right.

According to article 16 of the Russian Federation ' s Code of Criminal Procedure, an isolated room is an independent dwelling, and in the conditions of communal apartments, by the employers of the rooms, the latter, which are in civilian circulation as separate accommodations, are privatized.

1. It is only natural to consider that there is no obstacle to the making of a share in kind, namely that the owner of the share has the right to claim a share corresponding to the size of the room in the apartment.
2. According to article 252, paragraph 2, of the Civil Code, the equity owner has the following right: "a party to share property has the right to claim the share from the common property".
3. The consequence of this is that the regime of equity property is no longer in existence, and this is accompanied by the transformation of the owner of the share in the apartment into the owner of a separate room in the same property.

In accordance with the provisions of Decision No. 8 of 24 August 2008 of the Supreme Court of Justice of the Russian Federation.

On the basis of the information provided by the Panel, the Panel recommends no award of compensation in respect of the claim for loss of tangible property. The Panel recommends no award of compensation in respect of the claim for loss of tangible property. The Panel recommends no award of compensation for loss of tangible property.

In the absence of such a possibility, the court may determine the manner in which such an apartment is to be used, so that the ability of the technical party to provide in kind facilities of an auxiliary nature, as well as the equipment of a separate entrance, which in principle means the equipment of a separate apartment, is essential.

• In situations of dispute, qualified legal assistance should be provided by means of a lawyer specializing in housing disputes and real estate matters.
• It should be noted that, at the time of the introduction of the accommodation (rooms) in kind, the owner may not raise the question of the allocation in kind of shares in the general premises, which may not change their legal regime of common share ownership after the division of the apartment.
• The legal effect of the product in kind is to acquire ownership of a relatively separate property – an isolated room.

In an analysis of judicial practice, it may be noted that the division of an apartment in kind is not permitted, except for private houses, and the interesting fact is that, according to article 127 of the Code of Criminal Procedure, it is permissible to divide a dwelling in the house of a housing cooperative.

So the basic condition is that there are isolated accommodations (rooms) and that there is no separate entrance and that there is no in-kind share of the premises of an auxiliary nature.

In accordance with the provisions of the decision of the USSR-JV of 11 October 1991, it follows that, at the time of the decision on the division of the dwelling, the court must take into account the size of the share of both former spouses, as well as the interests of the children and other members of the family who are entitled to use the dwelling and, in addition, the setting of the apartment.

1. On a case-by-case basis, the court may also take into account the actual use of the accommodation.
2. The share of the dwelling is allocated to both equity and joint property.
3. Share ownership of the dwelling
4. The general ownership right is the right that determines the shares of each owner.
5. In the case of housing, the participant in the equity property is given the opportunity to separate the dwelling among the owners, which results in its share being allocated from the common property.
6. Such an allocation in effect means the transfer of part of the property in kind by the transfer of the ownership of the part from the dwelling to that of the person concerned, or by the payment of financial compensation for the share of the dwelling.
7. Shares by agreement
8. The right of ownership is divided on the basis of the mutual agreement of the parties.
9. Provided that the owners cannot reach agreement on the manner and conditions for the separation of their common property or the allocation of a share thereof, such a situation may be resolved through a court of law.

For these purposes, a distinction should be made between the division of common property and the allocation of shares from the property in question, and it is assumed that there will be no termination of the right to common property of other partners.

The division, on the other hand, implies the termination of the right to common property, which means that persons who have allocated their property out of common property no longer have the right to common property.

The division of property means the ownership of the former owners according to the size of the ownership.
Sent shares through court

In the absence of the possibility of allocating a share of the total possession, and provided that the procedure would cause significant damage in relation to the common property, it would be easier and more appropriate for the owners to pay to the separate owner the value of the share.

• Following the receipt of monetary compensation by the owner, the right to share in the property is completely lost.
• By paying the corresponding sum of money, the disproportionate nature of the property allocated in kind to one of the partners can be eliminated.
• If there is no objection from the other owners, the latter are entitled to receive financial compensation for their in-kind shares.
• There are often situations in which a person owns a small share of the common property.
• In such circumstances, the owner has no significant interest in the use of the property and it is not possible to separate parts of the property from the share of the other owners.
• If a person ' s ownership of a non-material interest is established in court, it is likely that a decision will be made in favour of the owner of the interest by the other co-owners.
• On the basis of the above facts, the allocation of the share shall be made by such lawful means:

• Provided shares through an agreement;
• Isolated on the outcome of the judgement;
• In-kind allocation;
• Payment of compensation in accordance with the value of the share.

1. Sharing of jointly owned premises
2. This type of property refers to the right of citizens to own property without determining the exact amount of each owner ' s share.
3. The allocation of the share should follow the procedure for the preliminary determination of the amount of shares owned by all participants in the property.
4. Where there are no other directives or regulations in the law or agreement of the parties, the shares of all owners shall be considered equal.
5. The algorithm for the allocation of shares in joint ownership is the same as for the allocation of shares in joint ownership.
6. Agreement on the determination of shares

Once drafted, the document must be signed by each party to the joint ownership and the mutual consent of each owner is required to amend the text of the agreement.

• When a share agreement is concluded, the next step for owners is to apply for State registration of ownership of the share received.
• The share of the separation in kind is determined by the ratio of the number of owners to the size of the real estate.
• It is worth using the rule that the shares of all owners are equal in size, provided that no other distribution is provided for by law or agreement.
• With regard to the allocation of the share, the agreement of the co-conspirators or the decision of the court, which has come into force, should be applied.

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How to allocate a share of the apartment: step-by-step instruction

The share of real estate in kind is a direct part of that property, allocated to a separate room, with its full size corresponding to that; if it is not possible to obtain it, the owner receives monetary compensation.

If it becomes impossible to share property, it is necessary to determine the share of the dwelling: what options are possible and how to realize them.

What is it?

In accordance with article 244 of the Civil Code, what is the share allocated in the apartment is "general property".

By definition, if each is assigned a strictly defined part (e.g. half or third part), the property is referred to as a joint share.

But there is a reservation in Part 3 of the said article: joint property is established only by law; usually it is preferable to share.

An extract from the EGRN (or out of date certificates) indicates the size of the share as an ordinary fraction for each owner.

The proportion is a small number of square metres attached to the owner, which is in a sense abstraction that exists only in the documents; in order to become tangible, it needs to be identified in kind.

The percentage allocated in the dwelling is the ratio of square metres of the abstract portion to the specific space (or premises).

After the allocation of this part, the owner is entitled to take full advantage of the premises as his own.

What does it take to single out the shares?

If a family of a few lives under the same roof, no share of the joint property is required, no matter how much it belongs to, but when it comes to the division of property, it is necessary to determine the size of the property.

The situations are different, most often related to the subsequent realization of real estate:

• A husband and wife are divorced;
• Separated children and parents;
• They inherit grandkids, great-grandchildren.

For example, an adult uncle and nephew have received housing from their father and grandfather, but neither one needs it; they have decided to give up square meters and earn income; and how to divide it depends on the size of the share of each.

Allocation from joint property

If this has not been recorded in advance, there are several ways to single out shares of common joint property:

1. In accordance with article 245 of the Russian Civil Code, property is, by default, divided equally among all owners.
2. To sign an agreement, for example, the same uncle lived there with his father and kept the house. If the nephew does not dispute this, they agree to increase the percentage of ownership of the uncle and register the document in Rosreister.
3. If the nephew disagrees, the uncle will have to prove his right to most of it through the court, which requires solid evidence.

Then they have to decide whether they need a share in kind in the apartment or monetary compensation, depending on the number of square metres and further targets.

Allocation for sale and residence

The first option, how to allocate a share in an apartment for sale, is rarely implemented in practice, only if it is a large enough property, then it is divided into two ways of remodeling, and everyone gets their own living space.

But both approaches are used if the owners don't have a place to live, and in fact, they need the same object they're arguing about, and if they're interested in money, it's easier.

The profit from the sale or lease is divided according to the proportion recorded in the EGRN extract.

The real estate was sold for four million rubles, then Alexander gets two million, his sister gets one and a half million, and her daughter gets 500,000 rubles.

Allocation of a share in kind

In order to know how to allocate a share of the dwelling in kind, please be guided by the legislation in force, and in accordance with article 252 of the Code of Criminal Procedure, it is only possible to allocate a share of the dwelling in kind only if there is no irreparable damage to the property.

• A kitchen with a ventilation system;
• The sanitary facility or the possibility of it being installed in one of the auxiliary rooms;
• A separate entrance (it will be necessary to touch the entrance wall and obtain the consent of the neighbours).

There is a high probability that it will not be possible to distinguish between the dwellings according to the shares; then one side will have to pay the other for the over-taken square metres.

What kind of documents are you gonna need?

In order for the procedure to be successful, the following documents must be provided for the allocation of a share in the dwelling:

1. First of all, it is necessary to confirm the right to establish property in general, such as a contract of sale for two spouses, a certificate of succession, etc.
2. Next, a registered contract or a court decision establishing the extent of ownership should be attached; if it is decided to divide the property equally, this step should be missed.

There are a number of specific documents which will depend on the specific circumstances:

All owners ' passports, marriage certificates and children ' s birth certificates must be provided.

In order to find out how much the share of the dwelling is worth, we rely on the State ' s established tariffs; the State duty for such a service is 2,000 roubles.

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Allocation of a share in kind from common property

The law provides for the possibility of dividing property that is in joint ownership; the option of buying the share of one of the owners by the other owners is popular; in the extreme case, a person may sell his or her share to third parties.

The Civil Code provides for the continued use of the house by all owners, but with separate accommodations, and we can consider how we can draw the shares in kind out of the total share of the property.

What's the share of nature?

The rules of the law governing the allocation of shares of joint property in kind are set out in article 252 of the Criminal Code of the Russian Federation; although they are set out in general order, they apply in practice mainly to housing units.

The allocation of a share is not a division of property; the object is initially jointly owned by the parties; for example, the spouses built a joint house during the marriage; it is part of the joint property of the spouses.

A special feature of this property regime is the absence of a specific share for each party, so that each spouse is in fact the full owner of the whole facility.

Share is defined as the transfer of an object from joint ownership to a share.The per capita share is divided into two separate dwellings, each smaller in area.

Why a residential home?

As an example of how to select a share in nature, a residential home is often cited, primarily because it is difficult to imagine another object that can be separated without harming it and without losing essential qualities.

A residential home can be divided into two apartments, which requires a separate entrance and a separation of the part of the proponent from the wall.

The allocation of a share in kind from the total share of property in a flat in a multi-family apartment can only be made if it was originally made up of two apartments; otherwise, there will be problems with the installation of a second sanitation facility if it was not originally foreseen in the plan.

What is the purpose of the section?

The ownership of the property may be required by the owner to become the individual owner of the facility. The share is in the form of a separate apartment and is documented. The Rosreister changes the division of one dwelling into two apartments.

From the moment the documents are received, the owner will be able to dispose of them at his discretion, and he has the right to sell them, to give them, to bequeath them.

The law prohibits co-owners of common equity property from carrying out any of the listed activities without the consent of the other owners, and in some cases the citizen will not be assisted even by the consent obtained; if the issue is a mortgage, the bank will refuse to extend the loan to a share of the house; only an entire facility can be registered in the mortgage.

Basic requirements

The distribution of the right in kind may be as follows:

• On a voluntary basis;
• In court proceedings.

If the owners do not object to granting one of the partners the right to a natural share, they shall make a contract and the document shall be registered in Rosreister.

In the event of a conflict between the owners, the matter was regulated by the courts, which required specialized expertise.

The in-kind expertise includes the following questions:

• Whether it is possible to divide the house into two full-fledged housing units;
• How to separate, so as not to harm the house;
• Determination of the wear and tear of the house;
• The scope of the work;
• The market value of the home;
• The estimated cost of the reconstruction work.

In the event that the facility cannot be separated, the result of the examination shall include information on the amount of compensation that the owner may receive.

Sunpin norms

The expert examination should include information on the technical feasibility of allocating a share in kind from common-wealth property, including:

• Lighting standards;
• Air speed;
• Humidity level;
• Other standards.

If a potential object does not comply with at least one standard, it is technically impossible to separate it; living in such a dwelling would be harmful to the health of citizens living in it.

In addition, the ability to provide sewage, gas, water and heating is checked for compliance.

Extra-judicial section

The out-of-court arrangements have included:

• Renovation of the building;
• Technical documentation for the site;
• Preparation of an agreement on the allocation of shares;
• Registration of the Rosreister site as an independent living space.

Training

The first stage of the renovation of the premises is the development and approval of the project; all authorized authorities must be authorized before the construction works begin.

A separate entrance to the premises is compulsory and the equipment of household appliances (except heating) is at the owner ' s discretion.

Technical plan

Once a real estate facility exists, technical documentation is required and the BTI office located at the site needs to be contacted for this purpose.

The engineer must measure the premises and draw up a cadastral passport for the apartment, which is prepared in writing and electronically and is certified by the electronic signature of the specialist.

Formation of the agreement

The agreement shall be in writing; the parties to the document shall be the person providing the share and the other owners of the facility.

Special attention should be paid to compensation for the cost of the dwelling in the form of an agreement. According to the law, the share should be the same as the price that had been set for it before the agreement was made. For example, the dwelling is worth 2,000,000 roubles. The owner allocates 1/4 per cent. The value of the dwelling should be 500,000 roubles.

In practice, this is rarely the case; therefore, the party whose rights are violated must obtain value compensation from the other owners.

The number of copies corresponds to the number of owners, each signing a document.

Registration

Once the agreement has been finalized, the document must be certified and registered in Rostreister, and documentation must be prepared for this purpose:

• Civil passports of the parties;
• The application of each share holder;
• Right-making documents for the home;
• Agreement;
• Tax receipt;
• A power of attorney (if the interests of one of the owners are represented by the trustee).

Documents are submitted to the Rostreister:

• Through the IFC;
• By mail;
• through State Services.

In order to submit documents through the IFC, it is necessary to obtain an electronic ticket through the State Services or a regular ticket directly at the centre.

The parties shall contact a specialist in person or through representatives, each of whom shall reflect his or her requirements:

• Proponent - registration of the allocated percentage;
• The other owners are re-registration of the rest of the facility.

A technical passport can be submitted as a paper document or simply enter its number in an electronic repository; in the second case, a paper copy is not required.

The date of receipt of the service is 10 days; if documents are sent through the IFC, the deadline will be increased by 2 days.

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The fee must be paid before the application is filed or within 4 days after the receipt is made available at the initiative of the payer.

If within five days the money is not received in the Rostreestra account, the documents shall be returned to the applicant.

The amount of the duty:

• For the proponent - 2,000 roubles for registration;
• For associates, 350 rubles for re-registration.

If the money is transferred through electronic services, including the State Services, the duty can be paid at a discount, and the sum is equal to 0.7.

Judicial procedure

If the parties are unable to agree on their own, the judicial authorities will come to the assistance of the courts; the allocation of shares in kind out of the total share of property is not regulated by law; the analysis of judicial practice implies the following procedure:

• Prepare technical papers;
• Formulate and file a claim;
• To attend the trial;
• Registration.

The claimant shall pay the fee, which shall be calculated on the basis of the cost of the share of the facility.

Technical papers

Until the consent of the other owners is obtained, any remodelling may not be initiated.

• Technical passport (if the facility is in operation after 31.12.2011);
• An extract from the EGRN on ownership of the facility;
• Technical expertise.

Preparation of the claim

It is difficult to draw up a claim for a share, and it would be useful to have a lawyer present for it, and the document should include the following information:

• Data on the home (address, area);
• Information on the expert opinion on the technical possibility of the section;
• Replanning proposals;
• Procedures for the use of new facilities;
• Calculation of compensation.

The following shall be attached as evidence:

• Law-making documents;
• Tax receipt;
• The applicant ' s civil passport;
• Expert ' s opinion;
• Assessment of the facility;
• Technical passport;
• An extract from the EGRN;
• Other documentation.

The application shall be submitted to the district or city court where the dwelling is located.

Trial

The share is a technically complex trial, so the proponent can be called upon as a legal representative; this will require a notary power of attorney.

In order to justify its claim for interest, a technical review is required; an assessment is required to explain the amount of compensation.

The court decides to allocate a share in kind on the basis of the evidentiary basis, so in most cases the proceedings do not take much time.

Registration

Upon the entry into force of the court ' s decision, the citizen has the right to proceed with the remodelling of the house. Once the renovation has been completed, the facility must be registered in accordance with the established procedure. For this purpose, the following documentation is required:

• The applicant ' s civil passport;
• Application for registration of the facility;
• Court decision.

If the documents are not submitted by the owner but by his representative, the authorization and the civil passport of the trustee must be attached.

The in-kind share is not the most popular option for sharing the property of the spouses. This option is usually used only for the home. An exposition can be made voluntarily, by agreement of the parties. If one of the owners is against it, it will provide for a judicial procedure to resolve the matter.

It is advisable for the court to carry out a technical assessment and an independent evaluation of the facility in advance; registration of the new facility and re-registration of the rest are mandatory.