How to register a share in an apartment as property

You are invited to study the material on how to register a share in an apartment as property, what is needed for this and what nuances you should pay attention to. A residential area inhabited by several people who have equal rights to it is common property. Everyone who lives in such an apartment has an equal part of the premises. But, it is not specifically planned or divided for each person. Sooner or later, the question of selling a home or evicting one of its owners may arise. This will require registration of a share. Such a decision will make it possible to determine the specific value of that part of the housing that belongs to the interested person.

The emergence of joint ownership

Today there are quite a lot of examples where several people own real estate at the same time. As a rule, these are echoes of the last century, when the size of the parts was not determined. Joint ownership is also typical for spouses who acquired real estate during marriage.

At the same time, the right of common ownership does not apply to housing received by inheritance or as a gift. Registration of a share in an apartment today is mandatory, even at the stage of its acquisition. This is quite convenient, since a person can dispose of his property as he sees fit.

After registering a share in a privatized apartment, he can rent it out, sell it, bequeath it or donate it.

To bridge this gap, a contract or agreement is drawn up for each co-owner. If this issue cannot be resolved voluntarily, then the claim is considered in court.

Basically, shared ownership arises without the participation of co-owners of the property.

These are the following cases:

1. Receiving an inheritance. If several people are specified in the will, then they receive the share specified in the document or the one they are entitled to by law.
2. Buying real estate together. This is often done by friends or close relatives who do not have enough money to purchase separate housing. In this case, joint ownership is an analogue of a communal apartment. Before registering a share in such an apartment, the percentage of each shareholder is agreed upon. Perhaps specific premises are indicated.
3. Purchase of housing by a married couple. If a prenuptial agreement was drawn up before the wedding, it stipulates the procedure for registering a share in the apartment.
4. Selling part of your home to a second party. In this case, it becomes common shared property. How to design the part is not a question. This action is carried out by a notary when registering a transaction.
5. Donation of housing to several persons at once. All of them become co-owners of equal shares or a specific part, if this is determined by the agreement.

But this doesn't always happen. Sometimes its owners have to deal with the design.

How to divide housing into shares?

Before registering a share in the apartment as a property, it is necessary to agree on this issue with all parties to the transaction. When agreement is reached, you need to collect a package of documents.

The following papers will be required:

1. Basis for the right to own real estate. This is a certificate issued by the Federal Service for State Registration, Cadastre and Cartography.
2. The primary source of obtaining real estate. A person could become the owner of an apartment on the basis of an inheritance certificate, a court decision, a rent agreement, a gift, an exchange, or a purchase and sale agreement.
3. Extract from the technical passport. They order it from the Bureau of Technical Inventory.
4. A copy of the pages of the house register with a record of all persons registered in the house.
5. Receipt for payment of the required amount for the state fee.
6. Identity documents of all participants in the transaction.

Note: Before taking documents to register a share of an apartment in ownership to the registration authority, you must make at least two copies of each of them.

They will come in handy if the copier in the organization is broken or missing. After collecting the papers, an agreement is drawn up. The share is registered after death with a notary. A lawyer’s visa is evidence that the owners of the apartment were in adequate condition and did not act under duress.

Finally, you need to submit a package of documents to Rosreestr. If there are no problems with their execution, then after 10-14 days all parties to the agreement will receive standard certificates of ownership.

Procedure for selling a share of an apartment

Many co-owners of real estate are quite rightly interested in the question of how to formalize the sale of a share in an apartment. Indeed, it often happens that a home has 2-3 owners, but only one lives in it. Realizing that they have no chance of moving into such premises, they can, quite fairly and legally, receive money for their part of the property.

Registration of the sale of your part must be carried out according to the following rules:

1. Determining the total cost of housing. To do this, you can involve specialists in the real estate trade. They will also tell you how much each co-owner’s share is worth.
2. Offer other apartment owners to purchase his share. This must be done in writing and in front of witnesses. This action is necessary in order to comply with the property right of purchase.
3. No earlier than 30 days later, put up your part of the living space for sale. The announced price cannot be lower than the one offered to shareholders.

The procedure for buying and selling a share is similar to the procedure for a whole apartment. The only obstacle may be the presence of a minor. As a rule, such deals are not concluded until all the children are grown up.

Tax on the sale of a share in an apartment

Tax on the sale of a share in an apartment: tax on the sale of an apartment as a whole (including shares in it) or by shares, ways to reduce the tax, registration of the transaction >>>

Often the seller is required to pay tax on the sale of a share in an apartment. Why “often” and not always? It all depends on three factors:

1. The period of ownership of the share (that is, the period during which the share in the apartment was owned by the seller). 2. The selling price of the share and the cadastral value of the apartment as a whole.

3. The procedure for registering the purchase and sale of a share.

Duration of ownership of a share in an apartment

Until 2016, the rule was in force: if the share was in your property for 3 years or more, then the income from its sale was not taxed. The amount of income does not matter. Such income is not subject to declaration.

On January 1, 2016, the rules changed. The necessary changes were made to the Tax Code by Federal Law No. 382-FZ dated November 29, 2014. I would especially like to emphasize that the new rules apply only to those shares that were registered in ownership from January 1, 2016 and later . This is clearly stated in paragraph 3 of Article 4 of this law.

It stipulates that the new tax calculation procedure “applies to real estate acquired after January 1, 2016.” If ownership was registered earlier (in 2015, 2014, 2013, etc.

So, the rule about the 3-year period remains. But now it applies only to shares that were received:

• by inheritance;
• as a gift from a close relative. According to Article 14 of the Family Code, close relatives are considered to be parents, children, grandparents, grandchildren, full and half (having a common father or mother) brothers and sisters;
• on privatization;
• under an annuity agreement (lifetime maintenance with dependents)

If you sell such a share in an apartment and the share has been in your ownership for 3 years or more, then you do not need to pay sales tax. The selling price of the share does not matter.

For the remaining shares received in ownership after January 1, 2016, this period is not 3 (three) , but 5 (five) years. By the way, local authorities have the right to reduce it (down to zero) for all or certain categories of citizens (for example, for pensioners).

Example: You are selling a share in an apartment.

Situation 1 The share is received by inheritance. You will not pay tax if at the time of sale the share has been in your ownership for 3 years or more. Income received from the sale will not be taxed, regardless of its amount.

Situation 2 You bought a share after January 1, 2016. You will not pay tax if at the time of sale the share has been in your ownership for 5 years or more. Income received from the sale will not be taxed, regardless of its amount.

—————————-

Moreover, 3 years is not three calendar years. This is 36 consecutive months. Therefore, the three-year share holding period can begin at the beginning, middle or end of the year. Similar rules apply to 5 years. This is 60 months of continuous ownership of the share. For more information on how to determine the tenure period, see the link.

How to determine the beginning of the period during which the share was in your property? Usually simple. The date from which this period begins to count is indicated in the Certificate of Ownership of the share.

the registration record was made in the Unified State Register of Rights to Real Estate and Transactions with It REQUIRED DATE In addition, this period is indicated in the extract from the state register of rights to real estate by share.

There are three exceptions to this rule in which it does not matter when the Certificate is issued or what date is indicated in the extract. They apply to apartments received:

• by inheritance. The right of ownership arises on the day the inheritance is opened (see paragraph 4 of Article 1152 of the Civil Code). This is considered the day of death of the testator;
• in a cooperative. The right of ownership arises after payment of the share and execution of the act of acceptance and transfer of the apartment (see paragraph 4 of Article 218 of the Civil Code);
• until 1998. Before this date, state registration and registration of a Certificate of Ownership of the apartment were not required (see paragraph 1 of Article 6 of the Federal Law of July 21, 1997 N 122-FZ).

Attention!

If the share was acquired in parts (for example, you bought 1/4 of the share, and received another 1/4 by inheritance and, as a result, became the owner of 1/2 of the share), then ownership of the entire share is counted from the moment the share was first registered . The fact that the size of this share has increased (from 1/4 to 1/2) does not matter. For more information on calculating the tenure period when receiving shares at different times, see the link.

Example In March 2017, three people purchased an apartment. Father, his son and father's brother. 1/3 each. In September 2023, the father died. In this regard, his son received his father's share (1/3) as an inheritance. As of September 2023, the son's share was 2/3.

In this situation, the son is considered to own 2/3 of the share since March 2017.

Thus, tax on the sale of a share owned by the seller for 5 years or more (more than 5 years), and in some cases 3 years or more (more than 3 years), does not need to be paid in principle. There is no need to file a tax return (form 3-NDFL) for such a transaction. This income is not subject to declaration. Therefore, if this is your case, then you don’t have to read further.

Tax on the sale of a share that has been owned for less than 5 (five) or 3 (three) years may have to be paid. But there are two other factors at play here:

1. Sales price of the share and cadastral value of the apartment as a whole. 2. The procedure for drawing up a share purchase and sale agreement.

Let's talk about them in more detail.

Selling price of a share in the apartment and registration of the transaction

Your income is the selling price of the share under the purchase and sale agreement. There is an exception to this rule. It applies to shares acquired in property after January 1, 2016. For such shares, taxable income is equal to one, but maximum amount:

— or the sale price of the share under the agreement; - or the share price calculated from the cadastral value of the apartment, multiplied by 0.7.

Example : You are selling a 1/2 share in an apartment that you received ownership of in 2017. The cadastral value of the apartment is 4,200,000 rubles.

Situation 1 The selling price of the share under the agreement is RUB 1,800,000.

The largest amount is considered your income. This is the sale price of the share under the contract - 1,800,000 rubles.

Situation 2 The selling price of the share under the agreement is RUB 1,200,000.

The largest amount is considered your income. This is the cost of the share, calculated from the cadastral price of the apartment - 1,470,000 rubles.

The seller of a share in an apartment has two ways to reduce income when calculating the tax on the income received. He can choose any of them as he wishes.

Method one. Income minus expenses

By selling a share in an apartment that has been owned for less than three years, you have the right to reduce the income received by the amount of expenses associated with the acquisition of this share. Such expenses must be supported by documents. The tax office will check them!

Quote from Article 220 of the Tax Code (clause 2, paragraph 2):

“... a taxpayer has the right to reduce the amount of his taxable income by the amount of expenses actually incurred by him and documented in connection with the acquisition of this property.”

Accordingly, tax must be paid on the difference between income and paid expenses. If expenses are greater than income (for example, a share in an apartment was sold cheaper than purchased), there is no need to pay tax on the sale of the share.

Example Ivanov has owned a share in an apartment for less than three years. He decided to sell it.

Situation 1 Ivanov bought a share for 1,200,000 rubles. The selling price of the share and its taxable income is RUB 2,300,000. Tax is imposed on income in the amount of:

• 2,300,000 (sale value of a share in an apartment) - 1,200,000 (costs of purchasing a share) = 1,100,000 rubles.
• Tax amount: 1,100,000 x 13% = 143,000 rubles.

Situation 2 Ivanov bought a share for 1,250,000 rubles. The selling price of the share and its taxable income is RUB 1,120,000. Tax is imposed on income in the amount of:

1. 1,120,000 (sale price of a share in an apartment) - 1,250,000 (costs of purchasing a share) = 0 rub.
2. There is no need to pay tax.

In most cases, the share in the apartment is not purchased separately. Usually it comes into ownership along with the apartment itself, purchased by several shareholders (for example, a family). In this situation, the amount of expenses for the acquisition of a specific share is either indicated in the purchase and sale agreement of the apartment itself, or determined by the formula (if the cost of each share is not indicated in the agreement):

Purchase price of the apartment as a whole

X

Share size

=

The amount of expenses for the acquisition of a share

Example A family of 3 people purchased an apartment worth RUB 6,700,000. Each family member owns 1/3 of the share. The purchase and sale agreement for the apartment does not indicate the cost of each share. It only shows the total price of the apartment.

In such a situation, the purchase price of each share is: 6,700,000 (total cost of the apartment) x 1/3 = 2,233,333 rubles.

Method two. Property deduction

By selling a share in an apartment, you have the right to receive a property tax deduction.

A deduction is a certain amount established by law that reduces the income from the sale when calculating tax (read more about deductions at the link). For real estate, it is 1,000,000 rubles. in year.

This is stated in Article 220 of the Tax Code (paragraphs 1 and 2). If income exceeds the deduction, tax must be paid on the excess amount. If not, no tax is paid.

Attention!

When selling property that is in shared ownership, the total amount of the deduction is distributed among the co-owners IN PROPORTION to their shares. The fact is that this deduction is provided not in relation to each seller, but in relation to one object (for example, an apartment or house).

It turns out that if you sell your share separately, it is considered a separate object. Therefore, you receive a deduction in the full amount (RUB 1,000,000). And if you sell an apartment (including your share in it) together with other owners, then the apartment is considered such an object. Therefore, a deduction of 1,000,000 rubles.

will be distributed among all owner-sellers.

This is where the procedure for completing a purchase and sale transaction becomes of great importance.

Option one . The apartment is sold as a single object under one apartment purchase and sale agreement. Your share in it is also sold along with the apartment. In such a situation, a deduction of 1,000,000 rubles. distributed among all sellers in proportion to their shares.

Option two . The apartment is sold in shares. That is, each owner sells his share under a separate agreement. In such a situation, EVERY owner has the right to receive a deduction of 1,000,000 rubles. This is stated in one of the letters of the Federal Tax Service of Russia, which is mandatory for use by all tax inspectorates (see link).

Example A family of three sells an apartment for RUB 3,700,000. This price is more than the cadastral value of the apartment. Each of them owns 1/3 of the apartment. The apartment was inherited. Therefore, there are no costs to purchase it. Apartment sellers take advantage of the deduction.

• Situation 1 The apartment is sold as a single object under one apartment purchase and sale agreement.
• Each owner receives the right to a deduction in the amount of: 1,000,000 (total deduction amount) x 1/3 = 333,333 rubles.
• The taxable income of each owner will be: 3,700,000 x 1/3 (income) – 333,333 (deduction) = 900,000 rubles.

Each owner must pay a tax on it in the amount of: 900,000 rubles. x 13% = 117,000 rub.

Situation 2 The apartment is sold in shares. That is, under three share purchase and sale agreements concluded by each owner with the buyer. The cost of each share is RUB 1,233,333. (which gives a total of 3,700,000 rubles). In this situation, each owner receives the right to a deduction in the amount of 1,000,000 rubles.

The taxable income of each owner will be: 1,233,333 (income) – 1,000,000 (deduction) = 233,333 rubles.

This is 86,667 rubles. less than with option 1.

How to reduce tax?

If you read the text above, then the answer is clear. It is necessary to correctly formalize the purchase and sale transaction. Sell ​​the apartment in shares, not as a whole. That is, under several agreements for the purchase and sale of shares, and not under one agreement for the purchase and sale of an apartment.

But there is another important point. As you can see from the example above, when selling the entire apartment, the income was distributed among the apartment owners in proportion to their shares.

However, in the apartment purchase and sale agreement, the owners have the right to establish any other procedure for the distribution of income. Which is in no way tied to the size of their shares.

This is stated in one of the letters of the Federal Tax Service of Russia, which is mandatory for use by all tax inspectorates (see link).

If the contract does not define this procedure at all (that is, it only indicates the total cost of the apartment and does not reflect how income is distributed between the co-owners), then the sellers have the right to enter into an agreement on the distribution of income between them. For information on how to draw up an income distribution agreement, see the link.

What is the benefit? It will arise if at least one of the owners has owned their share for more than 3 or 5 years. In this case, the largest amount of income must be distributed to him. And the rest is between the other co-owners. Moreover, the share of income accruing to each of them must correspond to the amount of deduction due to them. In this situation, no one will have to pay tax.

Example A family of three (father, son and daughter) sells an apartment for RUB 3,700,000. This is more than the cadastral value of the apartment. Each of them owns 1/3 of the apartment. At the same time, the father has owned his share for more than 5 years, and the son and daughter have owned it for less. There are no costs for purchasing an apartment. Therefore, the sellers (son and daughter) take advantage of the deduction.

The apartment is sold as a single object under one apartment purchase and sale agreement. The agreement provides that the income from the sale of the apartment is distributed as follows: - son - 333,333 rubles; - daughter - 333,333 rubles;

- father - 3,033,334 rubles. (3,700,000 – 333,333 – 333,333).

The taxable income of each of them is equal to: 333,333 (income) – 333,333 (deduction) = 0 rub.

No one has to pay taxes on this deal. At the same time, the son and daughter are required to submit a tax return. The father is not required to submit a declaration.

1. Portal “Your taxes” 2018
2. ____________________________________________________________________________________________________________________
3. ATTENTION!

DO NOT POST YOUR QUESTIONS IN THE COMMENT SECTION. IT IS INTENDED SOLELY FOR DISCUSSION OF THIS MATERIAL. FOR QUESTIONS THERE IS A BUTTON “ASK A QUESTION ON THE SITE”.

QUESTIONS ASKED HERE WILL BE RUTHLESSLY DELETED! HOPE FOR YOUR UNDERSTANDING

Registration of a share in the ownership of real estate

MIP Encyclopedia » Real estate disputes » State registration and real estate cadastre » Registration of a share in the ownership of real estate

In addition to cases when the ownership of a property complex belongs to one entity, there are situations when it belongs to several persons simultaneously. The right of common ownership of real estate can be shared or joint.

Content

In case of shared ownership of common property owned by two or more entities, it is possible to determine the share of each of them.

In relation to a real estate property, this share cannot always be identified in kind, since it may not coincide with the physical boundaries of individual premises.

The presence of a share in common property implies not only the legal capacity to dispose of this share (with restrictions determined by law), but also imposes the obligation to bear the costs of maintaining the common property in proportion to the size of the share.

The size of the share in the right of common ownership of real estate may depend on many factors: the number of legal entities at the initial registration of the right of common ownership; alienation of part of the share (which leads to the formation of new shares of a smaller size); acquisition of shares (which leads to the formation of larger shares).

The exercise of the powers of subjects in the presence of the right of common shared ownership occurs by mutual agreement of the shared owners, and in case of disagreement, through judicial proceedings.

Legal regulation of state registration of shared ownership

Each of the holders of a share in the right of common ownership can only dispose of their own share. In relation to an object of real estate, such a disposal is possible only if there is state registration of the right to the existing share.

The rules and principles of state registration of shares in common property rights are defined in the Federal Law of July 21, 1997 “On state registration of rights to real estate and transactions with it”, as well as in the norms of civil legislation.

Also, to carry out registration actions, the Administrative Regulations of Rosreestr for the provision of public services for registration of rights to real estate objects and transactions with it are applied (approved by Order of the Ministry of Economic Development dated December 9, 2014 No. 789).

Registration of a share in common property rights is carried out by the bodies of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) represented by territorial divisions.

To carry out registration actions, the applicant contacts the Rosreestr authority at the location of the property complex and provides a package of documents identical to the general cases of registration of rights, but with features provided for by law.

 Basic rules for performing registration actions

Until recently, any transaction for the alienation of a share in the right of common shared ownership only required compliance with the procedure for notifying the remaining shareholders. In this situation, the owner of the share was obliged to notify with written notice the other participants in the common property of the upcoming conclusion of the agreement, indicating the price and other essential conditions of the future alienation.

The legislation gives shareholders one month to make a decision on exercising the right of priority purchase of a share on the terms stated by the seller. If the remaining shareholders refuse to acquire the share or in the absence of their decision, after one month the owner of the share could conclude an investigation for the alienation of the share on a general basis.

This rule remains in force to this day, however, Federal Law No. 122 introduced a novelty on mandatory notarization of transactions for the alienation of shares in the right of common shared ownership, which came into force on September 1, 2016. This condition also applies in cases where, within the framework of one transaction, all shareholders alienate their shares.

Mandatory certification of such transactions by a notary allows you to reduce the month period given to notify the remaining shareholders. Now, if the notary is provided with documents confirming the refusal of the remaining shareholders to purchase the share, the transaction can be completed before the expiration of the month.

• When performing registration actions in relation to a share, the Rosreestr authorities indicate its exact size in numerical value, as well as information about the remaining entities owning shares in the right of common ownership.
• The right of common shared ownership that arose before the entry into force of Federal Law-122 is subject to registration in accordance with the general procedure.
• For carrying out registration actions in relation to transactions with shares in a property complex, payment of state duty is provided:

• Registration of a share in the right of common shared ownership, including those that arose before the entry into force of Federal Law-122 - 2 thousand rubles for citizens (for individual objects - 350 rubles) and 22 thousand rubles for organizations;
• Registration of a share in the right of common ownership of the common property of an apartment building – 200 rubles.

Where can I find information about state registration of shared ownership (shares)?

The authorized body for performing registration actions (Rosreestr) on its official website (https://rosreestr.ru/site/) contains comprehensive information on almost every issue of registration of rights.

On this website you can find general information about the coordinates of the territorial divisions of Rosreestr (https://rosreestr.ru/site/about/struct/territorialnye-organy/), about the types and methods of public services provided (https://rosreestr.ru/site /activity/okazanie-gosudarstvennykh-uslug/).

A separate page of the resource is devoted to registration actions with real estate, including shares: https://rosreestr.ru/site/fiz/zaregistrirovat-nedvizhimoe-imushchestvo-/

How to register shared ownership?

The emergence of common ownership of housing is possible in different situations: when inheriting real estate, when privatizing an apartment, and also if housing was purchased in a marriage relationship. Each of the participants in common shared ownership has the right to dispose of their own share of the property by any available method.

To obtain this right, you need to draw up a shared ownership agreement for the apartment in order to allocate your share in the property, that is, acquire a certificate of ownership. How to register common shared ownership?

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.

1. Before you learn how to register a share in an apartment as your property, you first need to determine the size of the shares of the living space. Information about this may be an apartment division agreement, an inheritance certificate, a court decision or a marriage agreement.
2. Next, you need to draw up technical documentation for the property, obtain extracts from the technical passport, including an explication and a floor plan. Important! A separate statement is prepared for each share. Such papers are issued and certified by a special technical inventory body.
3. Before registering a share in an apartment, you must pay a state fee. The rates are approved by the Tax Code of the Russian Federation. The details for paying the state duty are available in Rosreestr on the information stand or you can find them by going to the official website.
4. By presenting a package of documents to the Registry body required for registration of ownership rights to real estate, you have the opportunity to receive a Certificate of Ownership. You will need the following papers:
   1. one of the title documents is a purchase agreement, a certificate defining the right to inheritance, as well as a privatization agreement;
   2. statement;
   3. consent of the husband or wife, certified by a notary;
   4. technical certificate.
5. Next, you should collect photocopies of all documents. Also provide documentation that proves your identity. Important! It is very important to know that the agreement that spouses enter into on the division of property does not need to be notarized.
6. In order to sell your own share in an apartment, you need to take into account the pre-emptive right to purchase a share by one of the other property owners. The owner of a share who sells it is obliged to notify the other owners in writing of what he is going to do, as well as the terms of the sale, no later than 1 month before the share is acquired by another person.

Upon acceptance of the package of papers, the state registrar will examine all the documents presented and evaluate the legality of the transaction. In addition, he will demand to present papers that confirm compliance with the property right of purchase.

How to register shared ownership of a house?

The need to divide a house into shares arises if it is in common shared ownership, or is registered in the name of one of the spouses in the event of a divorce. The allocation of a share can be carried out in the house by general agreement, or forcibly based on a decision made by a judge.

If all owners agree to the division of property, you need to contact the department of architecture and urban planning. First of all, when registering shares in a house, you will need title documents for housing, as well as an architectural design for dividing the living space into shares in kind.

It is worth noting that registering a house share consists of the following very important steps:

1. After collecting all the papers, you will be issued a permit, according to which you can build a permanent wall in the house, and also make a separate entrance. In this case, everyone will have their own share of the house. To register ownership of the acquisition of a share, you need to demarcate the common land plot, then contact the BTI to draw up a technical and cadastral plan for each share.
2. Next, you need to obtain cadastral extracts and then contact the FUGRTS. Each owner will subsequently have a certificate of ownership, after which the owner will be able to do whatever he wants with his share: he can sell it, donate it, exchange it, or live in it.

Important! A small house, if it has only one room, cannot be divided into parts. In this case, the court will make a decision on a percentage basis.

According to Art. 252 of the Civil Code of the Russian Federation, each participant in shared ownership can allocate a share in private residential premises. Moreover, this issue can be resolved either through the court or by mutual agreement.

Please note that if the owner’s share is insignificant, you and other applicants for housing can pay money in the form of compensation even without his consent. And remember that the privatization of the share of the residential premises must also be carried out.

How to register a share in an apartment after death?

After the death of close relatives, real estate and movable property are often left behind. If during your lifetime you have not drawn up a will, in which it would be precisely and carefully stated which of the relatives is entitled to what, inheritance law comes into force.

After the death of the testator, his inheritance is distributed in equal shares among relatives in the order prescribed in Art. 532 of the Civil Code of the Russian Federation.

It is necessary to register a share in an apartment after the death of the testator no later than six months after the death of the owner of the residential premises. To do this, you will need to come to a notary’s office to draw up an application for opening an inheritance case with the following documents:

• passport;
• title documentation for inherited property (marriage certificate, documentation that confirms relationship, etc.);
• death certificate.

The notary will also tell you what documentation you will need in order for the inheritance to be registered in your name. The list of documents varies depending on the type and type of inherited property.

Important! After checking all the necessary documents and subsequently confirming their legality, the notary must issue you a certificate confirming your right to inheritance.

In the event that real estate is inherited, that is, a house, apartment, plot or anything else, you need to come with this document to the territorial body of Rosreestr, where in the future it will be necessary to register the right to your property in the form of living space.

If you do not have time to engage in this time-consuming process, then you have the right to issue a power of attorney to a person who will represent your interests.

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 to register a share in an apartment as a property: what is alienation of a share in an apartment, registration of shared ownership - how to get a share in an apartment

By law, any property owned by two or more persons is common.

If the issue concerns real estate owned by a married couple, such real estate is considered joint during the entire period of ownership.

When several owners appear due to other circumstances, such ownership is considered shared. The volume of each owner's share is necessarily recorded in Rosreestr.

How do shares appear in an apartment?

In most cases there are three sources:

• privatization;
• inheritance;
• donation.

When you need to decide how to register a share in a privatized apartment, you should take into account that in the case of privatization, the property is registered in the name of all those registered (at the time of registration) and who have not renounced the right to take ownership.

When it comes to how to register a share in an apartment by inheritance, the number of shares arises corresponding to the number of heirs taking over. In case of donation, the previous owner has the right to allocate a share of any amount at his discretion.

Also, shares may appear as a result of the division of joint property of a former married couple or for some other reason, when a court decision becomes the basis of ownership.

What is alienation of a share in an apartment?

From the point of view of the law, there are no such concepts as the sale or gift of real estate. Such legal relations are called alienation of property.

Alienation of property is the process of transferring ownership rights from one person to another on paid or gratuitous terms. Transfer of rights to real estate occurs in different ways.

The alienator can be an individual, a legal entity, or the state. Acquirers can be legally capable citizens and legal entities engaged in any commercial or non-commercial activities.

In order to correctly understand what alienation of residential premises is, you should remember that the transfer of ownership can only be confirmed when the state registration procedure has been carried out.

Regarding the issue of shared ownership of a house, the need to register part of the house as property, that is, to transfer the right to part of the property from the owner of the property to some other person, arises in most cases for two reasons:

• it is necessary to remove all restrictions and gain the opportunity to independently dispose of real estate;
• Documentary proof of ownership of part of the house is required.

How to get a share in an apartment?

There are different ways to determine the order of use of an apartment. Usually, when all the shares are owned by the family living there, conflicts over the use of space do not occur. If division is necessary, the residents come to an agreement or, if agreement cannot be reached, they have to go to court with a claim to determine the procedure for using the housing.

Important! Owning a share is not the same as owning a room. It does not imply an indispensable opportunity to use a proportional part of the apartment’s area.

It must be borne in mind that only the area of ​​the residential part of the apartment can be divided and only when the share is not too small compared to the total living area. For example, a two-room apartment is owned by two citizens who have equal share rights. In this case, the order of use is determined in such a way that everyone gets a room.

And if, for example, two people own a one-room apartment, it will, in principle, not be possible to determine the order of use in court. This also applies to any other cases when the apartment cannot be divided “by rooms.”

For example, the proportional footage of the property is so small that it makes it impossible to use this area as housing.

Therefore, if it is not possible to determine the procedure for using the property, the owner of the “micro-share” has the right to demand compensation from the co-owners in exchange for the right of ownership.

Buying an apartment in shared ownership: registration procedure

Registration of shared ownership rights is based on a title document that gives an individual certain powers of ownership and disposal. Such documents include:

• contract of sale;
• deed of gift;
• court statement;
• will.

The shared status of real estate is indicated by information about all owners, which is given in the title document.

The agreement on determining the size of the shares indicates the size of the shares transferred to each of the owners. In the absence of such information, it is considered that the participation of owners in the management of housing is equal.

When registering real estate, each owner is issued a certificate of shared ownership of the apartment - an extract from the Unified State Register of Real Estate. The old certificates have been cancelled.

Features of registering a share in an apartment

The following documents must establish the size of the allocated share:

• separation agreement;
• certificate of inheritance;
• court order;
• marriage contract.

The following is the process of preparing the necessary documents for registration of shared ownership of an apartment with the state registration authority:

1. A technical passport with an explanation and a plan of the apartment is being prepared.
2. State duties are paid according to the details indicated in the local branch of Rosreestr or on the official website.
3. A package of documents for the apartment and identification documents is submitted to the registration authority.

After this, the documents are checked by Rosreestr employees for the legality of registration of shared ownership, and the owner receives an extract.

In the case where the basis for registration is a purchase, it should be remembered that the remaining co-owners have a pre-emptive right to purchase the share. All owners must be notified that a sale is planned (no less than 1 month before the proposed transaction).

How to register a share in an apartment as property?

First stage: collecting documents

All documents must be presented in originals. The main list of required documents is listed below, but it should be remembered that there are cases when additional ones may be required (the current list can be found in the help window of the MFC or the Registration Chamber (UFRS):

• Passports of donors and recipients.
• If the recipient is between 14 and 18 years old, his passport, as well as the passport of one of the parents. If the donee is under 14 years old, his birth certificate and the passport of one of the parents are presented.
• If the apartment is joint property and it is registered in the name of only one spouse, a notarized consent of the donor’s spouse is required. Registration of consent from a notary costs from 1 to 2 thousand rubles.
• In the case where a proxy acts for one of the participants in the transaction, the original and a copy of the certified power of attorney are provided (the cost of the service is from 1 to 2 thousand rubles). Donors do not have the right to issue a power of attorney for the donee to sign a gift agreement for them, and vice versa, since the donor and the donee cannot be the same person (clause 3 of Article 182 of the Civil Code of the Russian Federation). They have the right to issue a power of attorney for each other, for example, to submit a signed agreement to the MFC.

Stage two: ordering a donation agreement for a share of the apartment

In the past, to formalize a gift transaction, an agreement in a simple form was used, i.e. a regular agreement on A4 sheet. But starting from June 2016, the law began to require an agreement in notarized form for most cases (Clause 1, Article 42 of Federal Law No. 218-FZ).

Thus, it is necessary first of all to have the gift agreement certified by a notary and only after that submit it to the MFC or the Registration Chamber.

A notary can formalize the entire transaction of donating a share or only certify the agreement, even if this is not required in a particular case. This is usually done when there is a fear that the transaction will be challenged. For example, these could be the donor's heirs. The notary will guarantee that the transaction is legal.

Even if an agreement in a simple form is acceptable, it is undesirable to try to draw it up yourself, especially using templates from the Internet - almost all of them are either outdated or standard, while each gift transaction requires an individual approach, and a standard template most likely will not have the necessary points. Therefore, it is more advisable to contact a lawyer, since only he can correctly assess the entire situation, take into account all the nuances and draw up a correct agreement. After all, if there is even one spelling error in the contract, the transaction may be suspended.

Registration of the owner of a share requires the execution of a certain number of documents. The number of copies of the agreement depends on the number of participants in the transaction, plus 1 copy for storage at the registration authority. For example, if there is 1 donor and 1 recipient, 3 copies will be required. The price of registration of shared ownership of an apartment also depends on the number of copies.

Third stage: submission of documents to the MFC or Registration Chamber

If the gift agreement was drawn up in notarial form, the notary must himself, free of charge, submit the agreement for registration on the same day - this is included in the cost of the service for certifying the transaction.

This obligation has appeared for notaries since February 2023 on the basis of Art. 1 of Federal Law dated August 3, 2018 No. 338-FZ. This law excluded the notary's tariff from Art. 22.

1 of the Fundamentals on Notaries and also added to the second paragraph: a notary does not have the right to charge money for additional legal services.

If a notary is unable to submit documents electronically, he or his assistant is required to submit the documents in person to the Rosreestr office within no more than two business days.

In this case, the registration period will be three working days after submission. All these points are spelled out in paragraph 9 of Art. 16 of the Federal Law on Real Estate Registration of July 13, 2015 No. 218-FZ.

The parties are required to pay the notary only the state fee for registering the transaction - 2 thousand rubles. (Clause 22, Clause 1, Article 333.33 of the Tax Code of the Russian Federation). When submitting documents electronically, Rosreestr gives a 30% discount, i.e. you only need to pay 1,400 rubles. The state fee is paid by the donee, but in practice it does not matter to the notary who will transfer the money.

If the agreement was not drawn up by the parties in front of a notary, in a simple form, they themselves must submit it for registration. Since 2017

in many cities, the only opportunity to submit documents is through the MFC, from where they will then be transferred to the Registration Chamber.

Thus, the Registration Chambers no longer accept citizens directly, only through an intermediary - the MFC. But if your city/town still has the opportunity to submit documents directly, you should do so.

The submission process itself is no different, therefore the instructions only mention the MFC:

1. The donor and recipient contact the MFC, pay the state fee and submit signed agreements along with other documents.
2. If the donee is under 14 years old, his presence is not required. Only one parent (or guardian/trustee) needs to be present. If the recipient is between 14 and 18 years old, he must be present with one of the parents (or guardian/trustee).
3. The state fee for registration is 2 thousand rubles. (Clause 22, Clause 1, Article 333.33 of the Tax Code of the Russian Federation). An employee will provide payment details. The cash desk is usually located in the MFC building, the commission is about 50 rubles. Currently, the position of Rosreestr is that the state duty must be paid by the donee, but in practice it does not matter who pays it - it is a matter of agreement. The checks will indicate the donee.
4. After the state fee has been paid, you will need to wait your turn and give the employee the original documents listed above, as well as the share donation agreement and a receipt for payment of the state fee.
5. The employee will check the list of documents and draw up an application for registration of the right, which the donor and the donee will have to sign. If the donee is under 14 years old, the application is signed for him by one of the parents (guardian/trustee), if he is between 14 and 18 years old, the application is signed by both the donee and one of the parents.
6. After the application is signed, the MFC employee will have to pick up all documents, except passports, and issue each party a receipt for these documents, as well as set a date when they need to be picked up. The received documents are sent to the registrar.
7. After that, you just need to wait for registration. By law, the period is no more than 7 working days, but in practice it may take longer. In case of delay, it is recommended to call the MFC, give the number on the receipt and check the registration status.
8. On the appointed day, the donor and donee pick up their copies of the agreement with a mark of state registration. It is not necessary for everyone to come to the MFC together; everyone can do this at any time. The recipient will also receive an extract from the Unified State Register of Real Estate about the property, which will indicate that he is now the owner of a share in the apartment. Registration certificates have ceased to be issued since July 2016. You must have passports and receipts issued by the employee with you.

When the donor and the donee are not close relatives, the donee is obliged to pay a tax - 13% of the cadastral value of the donated share (clause 18.1 of Article 217 of the Tax Code of the Russian Federation). Donors do not pay any taxes after the gift, since they do not benefit from the transaction. For a minor recipient, the tax is paid by parents or guardians.

If the transaction was executed by a notary, he notifies the tax office about the transaction within five days - this obligation is specified in clause 6 of Art. 85 Tax Code of the Russian Federation.

After completing the donation procedure and taking ownership of the apartment, the recipient has the right to register in this apartment.