Rights and obligations of owners in shared ownership of an apartment

Many legal issues arise when registering and exercising rights to shared ownership of a house and land. Due to the fact that the object is registered to several owners at once, difficulties arise regarding the coordination of certain actions with real estate: sales, purchase, cadastral work, land surveying, etc.

The concept of common property

Common ownership, being one of the types of ownership, presupposes the existence of the right to dispose of an object by several persons at once.

There are options for divisible and indivisible property, which include inherited property that is not subject to division from the point of view of law or due to technical features.

 Shared ownership of a house and land differs from other types of real estate in the nuances of how the owners exercise their rights and obligations.

Kinds

Common property, meaning generally collective ownership, differs in the definition of the boundaries of ownership:

• Joint. This type of property includes property acquired by spouses during marriage.
• Share. In this case, there is a clear distribution and recording of the share in the relevant registration documents. The owners of shares can be related persons and strangers to each other.

The need for joint disposal of property requires building positive relationships with co-owners of real estate, since the settlement of insurmountable disputes will be dealt with by the court, which will require a large investment of time, effort, and money.

Types by property

The law does not define restrictions regarding objects subject to registration as common property. Depending on the type of object, this right is registered for the following objects:

• Residential building and adjacent plot;
• Land allotment, share;
• Apartment;
• Garage, etc.

Features of common ownership

Property in the form of shares arises when exercising civil rights in the following situations:

• Inheritance by will or as a legal inheritance;
• Inheritance by court decision;
• Privatization of real estate;
• Receiving as a gift;
• Joint construction of residential/non-residential structures;
• Joint farming activities.

The size of shares is determined in accordance with the law (in a situation of inheritance) or in accordance with an agreement reached. If it is not possible to determine the size of shares, all owners are granted equal rights.

For house and land

Legal aspects concerning the house and land owned are established by law or by agreement between the owners. When a property right arises between heirs of the first priority, the size of the shares is determined equal, and the object is distributed according to the number of heirs. The law provides for the preservation of the right not to determine shares in common ownership.

For agricultural land

This type of ownership provides for the possibility of disposing of a land plot for two or more persons. Practice shows that land can be owned simultaneously by more than a hundred shareholders. As a rule, we are talking about farmland, ownership of which arose after the reorganization of collective farms.

For an apartment

Most often, apartment shareholders become as a result of privatization, or when spouses purchase property. The law provides for the possibility of registering joint property for an apartment in a new building - several persons participating in the financing of construction under an agreement exercise their rights to real estate in various proportions.

If there is an apartment in joint ownership, a number of difficulties arise if one of the owners fails to fulfill its obligations. If utility bills are not paid, the remaining shareholders have problems with housing and communal services debts. The solution in this situation is to open several personal accounts and allocate a separate payment to the negligent shareholder. This can be done through the court.

Shareholders' rights

Shared ownership implies the ability to dispose of real estate as follows:

• Possession;
• Use;
• Use your voice when deciding issues related to housing and its improvement.
• Co-owners cannot own any particular part of the property.
• Participation in income generated by common property.
• Use of part of the property in proportion to your share.
• Acceptance of compensation for the use of a share in property by a third party.

A special feature of using equity rights is the need to coordinate your actions with the other owners. If at least one of the participants in the common property disagrees with any action in relation to real estate, such actions will be considered unauthorized.

When exercising the right to dispose of his share, the owner must proceed from the rule of first refusal. If one of the owners derives income from the use of the property, the funds received are divided equally between the owners of the entire property.

Sale

The issue of transferring the right to a share arises when creditors of one of the owners claim financial obligations. According to amendments to the Civil Code of the Russian Federation, the creditor has the right to demand repayment of the debt by selling the debtor’s share to the remaining owners. This measure will allow the property to be sold at the current market price.

At the same time, other shareholders, at their discretion, may refuse to purchase, which will allow the debtor’s property to be transferred for sale at auction. The preemptive right to purchase a share by the remaining owners is retained by law, due to which the creditor cannot purchase the property of the share owner as a first priority.

Improvement measures

Improvement of real estate can be carried out by the owners of shares in agreement with the other participants. The increase in property is formalized by agreeing to change the parts of the owners according to the contribution of each to the process of improving real estate. In case of failure to reach an agreement, they are guided by the provisions of paragraph 3 of Art. 245 GK:

• If the improvements made can be separated from the common property, the rights to them pass to the person who carried out these actions;
• While maintaining the results of improvements in common property, it is possible to proportionally increase the share of the owner who made the improvements, provided that actions are taken within his part of the property.

Termination of rights

Any of the shareholders has the right to transfer their share to a third party and withdraw from property relations, however, the remaining participants have the right to demand the alienation of the share in their favor under certain conditions of the purchase and sale transaction.

Before completing the alienation transaction, the owner of the share must notify the other owners in writing of his intention to sell.

Resolution of disputes in court

Disputes regarding the ownership and operation of real estate can be resolved by going to court.

The plaintiff has the right to demand the exercise of his powers regarding his share of property and the exploitation of real estate. If it is impossible to use their rights, the owner of the share may demand payment of monetary compensation from other owners.

When considering a claim, the court does not have the right to force the owner of the share to sell or lease the property. This measure would violate the civil rights of the owner and the principle of freedom of agreement.

Responsibilities

Shared ownership presupposes not only the rights, but also the responsibilities of the owners.

The responsibilities of shared owners include:

• Timely payment of annual property tax;
• Payment of utility bills in proportion to the share of each person;
• Notifying other co-owners about planned transactions with their share (renting, donating, collateral); disposal of one’s share without infringing on the right to use the area by the remaining owners.

All about shared ownership of an apartment

When several persons purchase an apartment, this living space begins to constitute shared ownership property.

Each owner has the right to dispose of his share at his own discretion and is responsible for its maintenance.

When purchasing housing in the coming new year, it is necessary to study legislative documents that address the issues of how shared ownership of an apartment is formed this year: the rights and responsibilities of owners.

How is shared ownership formed?

The distribution of shares is carried out as a percentage between the ownership participants. This distribution must be formalized by law and have the status of “inviolable” for other third parties.

In other words, shared ownership is a material value that has several owners. Shares can be established by joint agreement between the participants, or in the event of an unresolved agreement, rights are established in court.

Quantitative division of shares in an apartment will help determine the size of the property, for example, in the case of its sale, donation of one’s part, or withdrawal from inheritance rights.

In cases where an equal division is impossible for some reason, for example, the area of ​​the apartment is too small, the participant who received the smallest share has the right to count on compensation payments from the remaining applicants.

When one of the participants decides to sell his share, he is legally obliged to notify in writing all participants in the shares about his plans to transfer the rights of his share to other participants.

The notification document must contain all the terms and conditions of the apartment sale transaction. The owners must provide their response to the agreement or refusal to sell one of the shares within a month.

The law primarily protects the wishes of the majority of owners. And therefore, if the majority of owners refuse, the share in the apartment being sold may be seized.

It is also recommended that the seller of his share first of all offer to buy it out to the remaining shareholders. Selling a share of an apartment is quite a troublesome and expensive task.

Having compared all the conditions and chosen the most profitable one for you, you need to legally formalize the documents for the purchase and sale of your property.

 Sale of a share in an apartment and necessary documents

Registration of the sale of a share is not much different from the sale of the full square footage of an apartment. To complete the transaction you will need the following set of documents:

1. Identification documents of the citizen (passport) of all shareholders;
2. Documents confirming each share of the owners.
3. Technical passport.
4. Data from the home book on the number of registered persons.
5. Cadastral passport.
6. Certificate of absence of debts for payment of utility bills.
7. When selling married spouses, a certificate of consent to the sale.
8. Written consent of all shareholders to sell the share.

Drawing up a purchase and sale agreement

One of the main conditions for the correctness of the concluded contract is the stated price of the cost. Without specifying the price, the contract is automatically considered invalid. The agreement must be notarized. Also, the agreement must specify the size of the shares of all participants in the apartment. And the part of the sold share in the apartment must be indicated.

To certify the contract, the notary will require an extract from the Unified State Register of Real Estate (USRN). This extract will confirm the correct distribution of shares in the apartment.

The notary will also request information about the absence of seizure of shares in the apartment and a ban on sale. Such an extract, upon personal request from the owner, will take up to three days to produce. The sale of a share has the nature of a property transaction.

From 2023, such transactions must be certified and executed only through a notary.

Cost of registering a share sale

An innovation in the sale of such transactions in 2023 is the mandatory registration through notary offices. This innovation is related to legislation with the aim of preventing illegal transactions and protecting the rights of minor children.

The cost is determined by paying a state fee in the amount of 2000 rubles . Next, pay for the certificate of sale and purchase agreement in the amount of 5,000 rubles . And the highest part of the payment is payment for the work of preparing documents with a notary.

Here the amount is 0.3% of the cadastral value of the apartment plus another 3,000 rubles . Owners of shares must divide among themselves, depending on their rights in shares, all necessary expenses.

After documenting the sale of the share, the seller and the buyer finally calculate the cash payments from the sale of the share.

Minimum share in an apartment

Changes in the procedure for obtaining a share since 2018 have been made in terms of the permitted minimum square footage suitable for living and for sale. These changes were made in order to reduce fraudulent transactions and reduce the number of migrants living. The square footage values ​​for residential premises are established by regional legislation. Approximately the minimum established level ranges from 8 to 15 square meters per person.

Transactions with the square footage of a residential premises less than the established value are prohibited; sales under such conditions are invalid.

Registration

The production involves the so-called “registration” in the usual slang. Registration is possible only if all shareholders agree.

Consent is not required provided that the owner registers his share.

It is necessary to carry out the procedure for processing all necessary documents at the territorial registration office at the location of the apartment.

If there is a need to register minor children, this procedure can be completed without the consent of all owners. Minor children are legally registered at the place of registration of one of the parents.

Rights and obligations of owners

One of the key points is that when property is not divided into shares, everything is divided into equal parts.

In case of selling your share, the consent of all owners is required. A citizen can fully dispose of property at his own discretion.

The shareholder is obliged to timely and fully pay all necessary utility bills and taxes in accordance with the size of the share. He is also required to maintain the cleanliness and order of his property.

Respect the interests and requirements of the remaining shareholders.

Tax deduction when purchasing a share

When purchasing a share, just like when purchasing an entire apartment, you can make a tax deduction of 13% from the income tax paid. The refund amount in this case should not exceed 260 thousand rubles . Only one deduction is paid per property.

Citizens who are employed and pay taxes can receive the payment. Payments are considered invalid in case of purchase of property from a close relative, purchased at the expense of the employer.

It should also be taken into account that payments should not exceed more than 2 million rubles for all participants in the sale of an apartment.

Termination of rights to shared ownership

Termination of rights occurs in a number of circumstances that have occurred, for example, such as:

1. When selling or donating a share to another owner. In the event of such transactions, the owner of the share completely ceases to own his property. All rights to the property are transferred to the new owner.
2. In case of renunciation of one’s share in favor of other persons, the rights to property are also completely terminated.
3. Under circumstances of demolition or destruction of the house in which there was a share in the property.
4. When penalties are imposed on a share, for example, loan debts, the creditor has the right to buy back this share in exchange for paying material fines.
5. In case of compensation payments when dividing property into shares by other owners. After such payments and transfer of ownership shares, the rights to own the property also cease.

Violation of rights and appeal to judicial authorities

All disagreements regarding the inheritance of shares are resolved by law in court. Such disagreements include, for example, the sale of an apartment without the consent of all shareholders. The transaction is considered completed in violation of obligations.

If two co-owners sold an apartment, and the third was not told anything, then in this case the third has every right to payment of the monetary value of his share. Such circumstances are resolved either through negotiations and finding compromises between the participants, otherwise by going to court.

Common property square footage in the apartment

In apartments divided into shares, rooms have common areas for use by all owners. These include: corridors, kitchen, toilet, bathroom, elevators, basements.

Restricting access to the public territory to any of the owners is prohibited. These parts of the premises must be used under equal conditions between the shareholders.

Rights of the owner of a share in the apartment

You can acquire ownership of a property using various methods: privatize, join housing-construction cooperatives and pay the share in full, enter into an inheritance, and other methods. You can purchase living space in unlimited quantities. In this article we will talk about the rights of the owner of a share in an apartment.

Each case is unique and individual. Understanding the basics of the law is useful, but does not guarantee results. The possibility of a positive outcome depends on many factors.

The owner has the right to own, dispose of and use the apartment he owns. This means that the owner can:

• sell;
• bequeath;
• give,
• transfer into rent;
• rent out under an agreement for free use or rental;
• mortgage his property;
• register an unlimited number of persons in the living space belonging to him.

Owner's obligations

The owner must bear the burden of maintaining this premises and pay for:

1. public utilities;
2. taxes;
3. costs of maintaining and repairing your own apartment;
4. common property of an apartment building.

• The owner is also obliged to maintain the apartment in proper condition.
• Ask a lawyer a question
• The disposal of property located in shared ownership is made by mutual consent of all its participants.
• The seller of the share must notify in writing the other participants in the shared ownership of the intention to sell his own share to an outsider, as well as inform the price and other conditions of the sale.

If other participants in shared ownership are against the purchase or do not acquire the sold share in the ownership of the property within 1 month from the date of notification, the seller has the right to sell the share to any person. And at the same time, he can already sell at the highest, but not at a lower cost.

Important! During the sale of a share in violation of the pre-emptive rights of acquisition, any other participant in shared ownership has the right to go to court within 3 months with the transfer of the buyer's rights to him.

A co-owner has the right of first refusal when one of them sells a share only to a third party. If several co-owners have expressed a desire to buy a share, the right to choose a buyer is already given to the seller.

Important! If the alienation of a thing is carried out not by signing a purchase and sale agreement or an exchange agreement, but by another type of agreement (for example, a donation), the right of other co-owners to preemptive purchase of the alienated share disappears.

The co-owner does not have the right of first refusal, and in this case the share is alienated with the requirement of lifelong maintenance of the alienator.

Division of property in shared ownership

The legislation provides for the division of property in shared ownership and the determination of a share from it (Article 252 of the Civil Code of the Russian Federation). Each co-owner, as well as the creditor of a participant in shared ownership, has the right to demand the allocation of a share (Article 255 of the Civil Code of the Russian Federation).

In addition, if the property is divided in kind without commensurate damage to its economic significance, the allocated person acquires a share of the common property in kind. When the property is not divided in kind, the allocated owner may receive monetary compensation.

Important! If the owner of a share wants to rent out an apartment, it will be necessary to obtain consent from the owners of other shares in this apartment in writing, either in the form of a separate paper, or in the form of a mark on the approval of the rental agreement with other home owners on the text of the agreement itself with their signatures.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

How are the rights of co-owners of one house for two 1/2 each regulated? Does my sister have the right to place my mother and grandmother in our house despite my disagreement (I’m not a monster, they have their own 2-story house)?

How are the rights of co-owners of one house for two 1/2 each regulated? Does my sister have the right to place my mother and grandmother in our house despite my disagreement (I’m not a monster, they have their own 2-story house)?

The Bitlex service has reviewed your request and reported the following.

The right of ownership is the right of a person to a thing (property), which he exercises in accordance with the law according to his own will, regardless of the will of other persons.

In accordance with Article 321 of the Civil Code of Ukraine, the right of ownership is inviolable. No one may be unlawfully deprived of this right or limited in its exercise.

• A person may be deprived of property rights or limited in their exercise only in cases and in the manner prescribed by law.
• Forced alienation of objects of property rights can be applied only as an exception based on public necessity on the basis and in the manner established by law, and subject to preliminary and full compensation for their value, except for the cases established by part two of Article 353 of the Civil Code of Ukraine.
• Civil legislation establishes cases when the right of ownership is terminated (Article 346 of the Civil Code of Ukraine), namely:
• 1) alienation by the owner of his property;
• 2) refusal of the owner of the right of ownership;
• 3) termination of ownership of property that, by law, cannot belong to a given person;
• 4) destruction of property;
• 5) redemption of cultural heritage monuments;
• 6) forced alienation of private land plots and other real estate objects located on them, based on public necessity in accordance with the law;
• 8) foreclosure on property for the obligations of the owner;
• 9) requisitions;
• 10) confiscation;
• 11) termination of a legal entity or death of the owner.
• Ownership rights may be terminated in other cases established by law.
• In addition, we note that your sister is a co-owner of the specified house and owns the house on the right of common shared ownership, which entails certain specifics of such legal relations.
• Thus, a person’s right to a share in common property can be terminated by a court decision (Article 365 of the Civil Code of Ukraine) based on a claim from other co-owners, if:
• 1) the share is insignificant and cannot be allocated in kind;
• 2) the thing is indivisible;
• 3) joint ownership and use of property is impossible;
• 4) such termination will not cause significant harm to the interests of the co-owner and members of his family.
• The court makes a decision to terminate a person’s right to a share in the common property, subject to the plaintiff’s preliminary deposit of the cost of this share into the court’s deposit account.
• The property of two or more persons with the definition of the shares of each of them in the right of ownership is common shared property.
• According to Article 358 of the Civil Code of Ukraine, the right of common shared ownership is exercised by co-owners by their consent.
• Co-owners can agree on the procedure for owning and using property that is their common shared property.

Each of the co-owners has the right to be given possession and use of that part of the common property in kind that corresponds to his share in the right of common shared ownership. If this is not possible, he has the right to demand from other co-owners who own and use the common property appropriate material compensation.

1. If an agreement between co-owners on the procedure for owning and using common property in accordance with their shares in the right of common shared ownership is certified by a notary, it is also binding for the person who subsequently acquires a share in the right of common shared ownership of this property.
2. According to Articles 361 - 362 of the Civil Code of Ukraine, a co-owner has the right to independently dispose of his share in the right of common shared ownership.
3. In case of sale of a share in the right of common shared ownership, the co-owner has a preferential right over other persons to purchase it at the price announced for sale and on other equal conditions, except in the case of sale at public auction.
4. The seller of a share in the right of common shared ownership is obliged to notify the other co-owners in writing of his intention to sell his share, indicating the price and other conditions under which he sells it.
5. If other co-owners refuse to exercise the pre-emptive right to purchase or do not exercise this right in relation to real estate within one month, and in relation to movable property - within ten days from the date of receipt of the notice, the seller has the right to sell his share to another person.
6. If several co-owners have discovered a desire to purchase a share in the right of common ownership, the seller has the right to choose a buyer.

In the event of a sale of a share in the right of common shared ownership in violation of the preemptive right of purchase, the co-owner may file a claim in court to transfer the rights and obligations of the buyer to him. At the same time, the plaintiff is obliged to deposit into the court's deposit account the amount of money that the buyer must pay under the contract.

• A statute of limitations of one year applies to such claims.
• The transfer by a co-owner of his pre-emptive right to purchase a share in the right of common shared ownership to another person is not permitted.
• In addition, we note that according to Article 405 of the Civil Code of Ukraine, family members of the homeowner who live with him have the right to use this housing in accordance with the law.
• The residential premises they have the right to occupy are determined by its owner.
• A family member of the homeowner loses the right to use this housing if the family member is absent without good reason for more than one year, unless otherwise established by agreement between him and the homeowner or by law.
• Also, Article 156 of the Housing Code of Ukraine, family members of the owner of a residential building (apartment), who live with him in the house (apartment) that belongs to him, use the residential premises on an equal basis with the owner of the house (apartment), unless there was another agreement on their move in order of use of this premises.

With the consent of the owner of the house (apartment), a member of his family has the right to move other family members into the residential premises he occupies. The owner's consent is not required to move in with the parents of their minor children.

Family members of the owner of a house (apartment) are obliged to take care of the residential building (apartment). Adult family members of the owner are required to participate in the costs of maintaining the house (apartment) and local area and carrying out repairs. Disputes between the owner and his family members regarding the amount of participation in expenses are resolved in court.

So, to move in other relatives, your sister must coordinate this issue with you.

Conclusion

In our opinion, there are no grounds for filing a lawsuit to terminate a person’s right to a share in common property.

Thus, the only solution to this situation is an agreement with the sister. This can be done by concluding a contract of sale, a deed of gift, or by relinquishing ownership.

1. Regarding utilities, we note the following.
2. In accordance with Article 322 of the Civil Code of Ukraine, the owner is obliged to maintain the property that belongs to him, unless otherwise established by agreement or law.
3. Even if you do not live in the house, as the owner you are obliged to maintain your property, which means paying utility bills in accordance with your share in the common partial property.

Shared ownership of an apartment in 2023 - rights and obligations of owners, tax deduction

If the owners of the object are several persons, common ownership occurs - the rights to the object are divided between people in equal or unequal shares. The role of owners can be not only ordinary citizens, but also legal entities - organizations and enterprises, individual entrepreneurs.

What it is

Shared ownership arises in several cases:

• after the official registration of marriage in the registry office;
• privatization of an apartment in which several people are registered;
• establishing a farm on a plot that is registered to 2 or more citizens.

This property cannot be divided for obvious reasons - it is indivisible, or this is contrary to the law.

Ownership can be of two types:

Shared ownership	Movable or immovable property in which shares are allocated according to the number of citizens who have ownership rights to it
Joint ownership	This term is most often used to refer to common property owned by spouses.

Regardless of the size of a citizen’s share, he can dispose of property only with the consent of all other owners. When purchasing property, the size of shares is determined in advance.

The most problems in legal practice arise with the allocation of shares in real estate - a house, apartment, plot, since such objects can be considered indivisible.

If all the owners of an apartment live in it, it is unrealistic to allocate a share for each in accordance with the parameters specified in the documents.

The simplest and best way in this case is to come to a peaceful agreement, decide which of the citizens will be allocated what area for living, and also how personal space will be protected.

If it is not possible to resolve the issue on their own, the parties to the dispute submit an application to the court, where a certain procedure for using the apartment is established, and even if it does not suit one of the citizens, this procedure will have to be observed.

The decision made may be reviewed by the court if circumstances change - for example, upon the birth of a child.

Once the shares are determined, they must be indicated in a document, which is subsequently certified by a notary or registered with the registry office.

Rights and obligations of owners

Determining the procedure for using property, as well as the procedure for distributing shares to all citizens who have the right of ownership, must be carried out in accordance with the norms of the Civil Code of the Russian Federation.

Thus, the Civil Code states that:

1. If the sizes of the shares have not been determined, they will be considered equal by default.
2. A citizen can sell, give or inherit his share in property only after receiving permission from the other owners.
3. If receiving a share is not possible, but a person has the right to it, he is entitled to monetary compensation.
4. If, as a result of the exploitation of property - an apartment, a plot of land, any money or crops were received, they must be divided among all owners.

In accordance with the Housing Code, shared owners have the following rights:

1. A citizen can own property and dispose of it in accordance with its purpose.
2. Based on the rental agreement, the premises can be provided to other people, but the consent of the remaining owners will be required.

Responsibilities of owners of shared property:

• payment of utility bills and taxes in accordance with the size of shares;
• inform about your intention to sell or rent out your share to the remaining owners;
• keep the property clean, carry out repairs in the apartment as necessary;
• respect the rights and interests of other owners - do not do everything to force them to leave the apartment.

The ownership right of a shareholder is completely similar to this right for the owner of an entire premises. A person who owns only part of an apartment can also sell, exchange or give it away.

And although the rights of the owner are not limited when renting out an object or selling it, according to the current rules, the shared owner is obliged to inform the other owners of his intentions.

Registration of a share is carried out by law, without the consent of the remaining owners. It is also possible for a child under age to be registered in an apartment without obtaining permission from the other residents. If one of the owners prevents other people from living in the apartment, he can be evicted by filing a claim in court.

The features of shared ownership are discussed here.

Registration of documents and shares in an apartment for a citizen is carried out in several stages:

1. The first and most important step is the preparation of documents establishing ownership of the property. These include a purchase and sale agreement or other papers on the basis of which a person receives the right to own an apartment - a will, a deed of gift or a court decision.
2. Then it is necessary to draw up an agreement that indicates what size of shares are established for each of the owners.
3. After the preparation is completed and the document with signatures is drawn up, it must be registered with Rosreestr. A certificate of ownership is issued to each person who owns an apartment.

If you plan to reduce the number of owners, it is necessary to draw up documents in which it will be noted that those who renounce their share will be paid monetary compensation.

If disputes arise between homeowners, it is more advisable to resolve them peacefully, however, if this cannot be done, they file an application in court. Once the size of the shares for each person has been established, it is recommended to create certain rules for living together in the same territory.

Required documents

You can determine the size of shares and secure ownership of a real estate property if you have the following documents:

• an agreement on the division of property and the determination of shares in it, drawn up voluntarily by all owners;
• certificate of inheritance or other document on the basis of which a person can become a co-owner of real estate;
• marriage contract - if it was concluded, marriage registration certificate;
• a decree issued by a judicial authority.

You also need to prepare documents for the apartment - technical passport, floor plan. To register a document with Rosreestr, you also need to pay a state fee and present a receipt. You need to register ownership through the Rosreestr service, but you can submit documents at the nearest branch of the MFC, cadastral chamber, or online on the State Services website.

It takes a certain amount of time to check documents, most often about 10 business days, provided that all papers have been submitted and there are no typos.

Tax deduction

If an apartment was purchased by a person with personal money, even if not entirely, but only a certain part of it, you can receive a tax deduction. The essence of the tax deduction is that the state reimburses the citizen for previously paid income tax in the amount of 13%.

However, in total you can return no more than 260 thousand rubles. If the cost of the apartment is high, the tax deduction is divided into two parts.

If the share in the apartment was acquired before 2014, a single tax amount is established - 260 thousand, however, other calculations are carried out if the property was acquired after 2014.

Only officially employed citizens who are tax residents of the country can receive a tax deduction. Only one deduction is paid per property.

The deduction is not issued if:

1. The apartment was purchased from a close relative or guardian.
2. No personal money was spent on the purchase of the apartment - it was provided by the state or the employer.
3. Government subsidies were used in the purchase.

When calculating the deduction, in addition to the principal amount of money paid for the apartment, expenses for paying interest on the mortgage, as well as for payments incurred under the contract and sale of property are also calculated.

When registering shared ownership of an apartment, the total amount of tax deduction cannot exceed 2 million rubles for all owners.

The size of shares for each owner is determined when purchasing property or concluding a purchase and sale agreement. One of the owners can sell his share only after receiving the permission of the others.

 

Find out what applies to state-owned property here.

Read about the tax deduction for an apartment in shared ownership here.

Common shared ownership of an apartment: rights and obligations of owners

Owning residential real estate as joint property is not an easy matter, especially when it comes to living together in such premises or disposing of them. According to the law, if an apartment belongs to several citizens, then each of them has equal rights in relation to this property. However, having rights to an apartment also gives rise to responsibilities for its maintenance. In addition, there are some rules for living in premises that are jointly owned.

To understand what joint property is, let us turn to the legislative acts. The Civil Code contains an entire chapter (Chapter 16) dedicated to common property.

Common property is property owned by two or more people (Part 1 of Article 244 of the Civil Code). When the parts of each co-owner are clearly defined, the property is considered to belong to them by right of shared ownership. When shares are not designated, it is considered that the property belongs to the right of joint ownership.

Citizens become co-owners of joint property as a result of an agreement or by a court decision.

In practice, they become co-owners of joint property in the following cases::

• Privatization of an apartment for all family members;
• Inheritance of property by several heirs;
• Purchase of property by spouses;
• Recognition of property rights by court decision.

The use and disposal of real estate is carried out by all co-owners by agreement between them. Usually this is an oral agreement; no written documents are signed.

But if agreement is not reached, then the situation is submitted to the court, which determines the procedure for use. In such a situation, it is extremely important to comply with the conditions specified in the court decision.

And it is mandatory for all co-owners of the property.

In case of joint ownership, the co-owners have the right to claim a share in kind. If other co-owners prevent this, then a judicial procedure is initiated for the allocation of shares from the common property.

In this case, the co-owner can count on compensation in monetary terms from other co-owners. After receiving compensation, the citizen loses all rights to a share of the property.

The co-owner can freely register in the apartment. In this case, it will not be necessary to obtain the consent of other co-owners.

Responsibilities of share owners

In addition to the rights to real estate, co-owners also bear responsibilities for maintaining the housing they own. In accordance with Art. 249 of the Civil Code of the Russian Federation, each co-owner bears the costs of maintaining the property in proportion to his share. Housing maintenance costs mean :

• Payment of utility services;
• Taxes and fees;
• Costs for apartment renovation;
• Costs of repairing the property of an apartment building.

The Housing Code of the Russian Federation also regulates the obligations of owners of residential premises. Thus, Article 30 of the Housing Code states that homeowners must use it for its intended purpose - for living.

The owners are responsible for maintaining the premises, and this applies to both residents in an apartment building and in a communal apartment.

Owners must keep the apartment clean, follow the rules of residence, and not violate the rights of other residents and neighbors.

Among other things, according to Art. 153 of the Housing Code of the Russian Federation, the owner of the property is obliged to pay fees for housing and communal services in a timely manner. This responsibility is assigned to a citizen from the moment he acquires property rights.

Disposal of the right to sell a share

Co-owners of real estate can alienate their home at any time in any convenient way: sell, donate, exchange. The procedure for re-registering housing in the name of another person will differ slightly depending on the principle on which the shares of property are distributed between co-owners.

For example, if the property is owned by joint ownership, in which shares were not allocated, then the sale will be carried out on behalf of all co-owners at the same time.

That is, you can transfer entire property. In this case, all participants will act as sellers. Each of them will have to express their consent to the deal and sign the agreement.

This rule follows from the provisions of Art. 253 Civil Code.

If parts of the property right are allocated for each owner, then there should be no problems during the sale. A participant in shared ownership has the right to dispose of his share as he pleases. He can sell, give as a gift, inheritance, lease or pledge his part.

It is worth paying attention to such a moment as the sale of a certain share of the apartment by one of the co-owners. The fact is that it is possible to sell your share to absolutely anyone, but subject to certain conditions :

1. The share must be clearly defined (1/2, 1/3, etc.);
2. The pre-emption rule must be followed.

Rule of first refusal

In accordance with Article 250 of the Civil Code of Russia, when selling a share in joint ownership, first of all, the seller must offer to buy it out to the co-owners of the property.

At the same time, he independently sets the price and determines the terms of sale. All co-owners must be notified in writing. The law gives co-owners a month to think about it.

If, after this period, they do not notify the business owner of the purchase of the share, then it may be sold to an outsider.

What are the consequences of not notifying co-owners about the sale? If the rule of first refusal is violated, the transaction may be declared invalid if one of the co-owners goes to court.

Within 3 months, a person who is considered to have had his right of pre-emption violated may apply to the judicial authorities and demand the transfer of the rights and obligations of the buyer to him.

In practice, the use and disposal of jointly owned housing in most cases does not cause problems. However, the human factor cannot be ruled out. Some families do not have very good relationships; sometimes living in the same living space becomes impossible.

In this regard, difficulties arise in living together, using common property in an apartment, etc. In some cases, the conflict cannot be resolved peacefully and it is necessary to go to court.

Attention! Due to recent changes in legislation, the information in this article may be out of date. However, each situation is individual.