Agreement on determining shares in an apartment (sample) 2023

A share determination agreement is a document that describes a transaction that changes the form of registered title from common joint ownership to common shared ownership.

-Why change the type of real estate rights at all?
After all, the allocation of a share in ownership does not mean the acquisition of part of the real estate or its physical separation.

By allocating shares in the right, you do not turn, for example, an apartment into a communal one.
Let's look into it in detail.

Article updated: 01/12/2022

Agreement on determining shares

So, your right to real estate is joint property.
You made such conclusions from the documents confirming the right to real estate - Certificates of state registration of rights or extracts from the Unified State Register of Real Estate.

And I hope they haven’t confused common joint property with common shared property.

Agreement on determining shares in an apartment

Your apartment belongs to several owners and you have decided to determine the shares in the right.
Well, you have every right!

• Only after this, any alienation (sale, exchange or donation) of an entire apartment or share in the right will require mandatory certification of the transaction by a notary!
• It is worth reading the article: Tariffs for certifying real estate transactions
• The participants in the agreement on the determination of shares are equal participants in this transaction, regardless of the share allocated to them in the right of common ownership.

And these are considerable expenses!

As before, the property remains common, only now the size of the share is determined.
These may be equal or unequal shares.
Participants in common joint ownership determine this themselves.

As a rule, equal shares are allocated, this is especially true if the title document is a privatization agreement, that is, a gratuitous transfer of an apartment from state to private ownership.

An agreement on determining shares is drawn up in simple written form, with the exception of determining shares for spouses from jointly acquired property (a marriage contract or certification from a notary is required).

Moreover, in order to make a gift, he does not need to ask permission from other participants in the common shared property.

But when selling a share in the right, everyone must notify the other participants in shared ownership about the terms of the transaction, since they have the first right of purchase.

Agreement on determining the shares of spouses

In some cases, an agreement on determining the shares of spouses must be drawn up by a notary:

• If the apartment is jointly acquired property and is registered as common joint property, then the allocation of shares to spouses is recognized as an agreement on the division of jointly acquired property.
  Such an agreement must be certified by a notary.
  Otherwise, the state registrar will refuse to change the USRN records. If, for example, when purchasing a home, state support funds were used and it became necessary to allocate shares to children, then the spousal share can be left in common joint property (amendments to the Procedure for maintaining the Unified State Register came into force on July 1, 2018) - read more in the article: Allocation of shares from joint ownership without a notary
• If the apartment is not jointly acquired property, for example, they got it under a privatization agreement, then the Agreement on Determination of Shares is not subject to mandatory certification by a notary.

Agreement on determining shares between relatives

When the participants in the common joint property are family members. non-spouses - parent and children, brothers and sisters, etc. - the agreement on determining the shares is drawn up in simple written form.

Agreement on determining shares in maternity capital

-Is it possible to apply an agreement on determining shares to allocate family members for an obligation in connection with the use of maternal (family) capital funds?

If initially the ownership of residential property was registered only in the name of spouses in common joint property, from April 10, 2018, you can allocate shares to children and leave a share in the right of joint ownership. (Changes have been made to the procedure for maintaining the Unified State Register of Real Estate)

For example: two children are 18, but at 68 they remain joint property of the spouses. MORE HERE

Allocation of shares to children without a notary (Change in the law!)

If shared ownership was initially registered in the name of the spouses, then the alienation of shares to children in any form (even by gift agreement) is a notarial form of agreement.

Agreement on determining shares in a mortgaged apartment

1. No changes can be made to the Unified State Register of Real Estate as long as the apartment is pledged to a bank or other lender.
2. As a rule, banks do not make any changes to the terms of purchase, since these are very cumbersome procedures.

3. That is, it is necessary to make changes to at least three documents: the purchase and sale agreement, the loan agreement and the mortgage.
4. Even if the co-borrowing spouses divorced, the bank (as a rule) makes such a decision only by court decision.

Agreement on determining shares sample

If the participants in common joint property determine shares not from property acquired jointly in a legal marriage, then your transaction is drawn up in simple written form.
For example:

The apartment was privatized into common joint ownership of the brother and sister. They can allocate shares by agreement in simple written form.

A sample for determining shares in simple written form can be downloaded from the templates page.

Always happy to clarify. Author

Agreement on determining shares in joint ownership

I am glad to welcome you to my author’s website “Real Estate Transactions in Russia”.

My name is Slobodchikova Olga Dmitrievna.
Since 2006, I have been supporting complex and very complex real estate transactions and am glad to share my experience and knowledge with you. I oversaw more than 1,000 transactions, in 250 of which, I went with the client all the way to registering property rights “hand in hand.”

None of my transactions were disputed.

In only one transaction, my client lost the deposit, only because he himself postponed the purchase for a longer period due to family circumstances. But of course, I was warned about the non-refundability of the deposit until the agreement was signed and the money was transferred.

This site contains 335 of my articles, from which you will find answers to key questions about real estate transactions and property registration in accordance with the latest changes in laws and procedures.

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Agreement on determining shares in the apartment. Sample filling and form 2023

An agreement to determine shares in an apartment is a way of establishing ownership limits in the total area of ​​​​the property.

Files in .DOC: Form of agreement on determining shares in an apartment Sample agreement on determining shares in an apartment

Let us clarify that we are talking specifically about a share in the area, since ideal shares do not establish real boundaries of ownership in the apartment itself. Simply put, ideal shares are not a specific room, kitchen and corridor, but an abstract figure that gives its owner the right to claim a similar share in the total cost of the apartment.

Application of the agreement

The prevalence of agreements of this type is explained by the widespread use of maternity capital for the purchase of housing. Since maternity capital is, in fact, the joint property of spouses and a child, in connection with whose birth the capital was received, the purchased apartment must be divided into shares for each.

Other common reasons for dividing housing into ideal shares are:

• division of joint property of spouses;
• division of an apartment between heirs who have become co-owners of an inherited apartment or house.

Regardless of the basis for the section, the procedure will be approximately the same, which we will discuss below.

Types of property

There are three types, or rather three forms of property structure:

• personal property;
• common property;
• shared ownership, ideal and real.

In general, any property is an individual’s right to certain objects of the material world, limited only by law. The right of ownership, in turn, refers to the right of use, the right of possession and the right of disposal.

In its purest form, the right in question appears in personal property, which has boundaries, dimensions, weight, outlines, etc. Common property, although it retains the basic characteristics of personal property, is limited in that several persons have the right of ownership of the same object of the material world.

All three types of property can change from one state to another, which will be easier to understand with examples.

Example 1 . In the personal property of Ivanova I.I. there was a 4-room apartment with an area of ​​100 m². After the death of Ivanov I.I. the apartment was inherited by his four sons.

This is a classic example of the transfer of the father's personal property into the common property of the sons.

Example 2 . Sons of the deceased Ivanov I.I. decide to divide the apartment into shares and come to an agreement that the shares should be equal. This means that each of the sons became the owner of 1/4 share of the apartment.

This is an example of the transition of common ownership into ideal shared ownership.

Example 3 . Sons of the deceased Ivanov I.I. decided to stop fighting over the abstractness of the ideal shares, since each of them wanted to gain ownership of a specific room.

They again entered into an agreement to convert ideal shares into real shares. After which we went through the procedure for allocating shares in kind, including conducting an examination.

This is a classic example of the transition of ideal shared ownership into real one.

Example 4 . The sons of the deceased I.I. Ivanov, taking advantage of the fact that the apartment is on the first floor, received permission for an extension and were able to provide a separate entrance to each room from the yard. After that, they decided to design each room as a separate apartment and went through the appropriate procedure.

As a result, each of them received ownership documents and a separate address for each of the rooms. This is a classic example of the transfer of real shared ownership into personal ownership.

Grounds for the agreement

Any contract, including an agreement, is a product of the general consent of the parties to the contract. Accordingly, the lack of agreement between them makes the conclusion of an agreement impossible.

In such a case, determination of shares in common property is possible only by applying to the judicial authorities.

Ideal beats

The concept of an ideal share was already familiar to Roman law, which gave this type of share the most precise definition, which read as follows: “This is not a right to a share of a thing, but a share of the right to a thing.”

In fact, an agreement to determine shares or a court decision to determine shares in an apartment can only be beneficial if the co-owners decide to sell the property. That is, when the apartment is alienated, there will be no grounds for disputes between co-owners about the distribution of money received for the apartment. Each of the co-owners will be able to claim a part corresponding to their share.

For example, if the sale price of an apartment is 2,000,000 rubles, a co-owner with a 1/4 share will be able to claim 500,000 rubles, and a co-owner with a 3/4 share will be able to claim 1,500,000 rubles.

As for everything else, ideal shares are a constant problem. So:

• ideal shares are almost impossible to sell, since there are very few people who want to purchase an abstract figure rather than a specific room in an apartment;
• to sell ideal shares, the preferential right of co-owners to purchase a share must be respected;
• the ideal share does not give the right to occupy any room in the apartment without the consent of the other co-owners, etc.

All these problems can be solved only in two ways:

• by converting ideal shares into real shares;
• by selling common property and purchasing a separate apartment.

You can also convert ideal shares into real ones through agreement. In this case, through an examination, the possibility of dividing the apartment is established with the allocation of a room or separate premises to each of the co-owners. This procedure is called allocation of shares.

Definition of shares

If we return to the examples given above, we can say that the agreement on the allocation of shares is the first stage in the transition of common property into personal property. Although there are no guarantees that this first stage will not remain the last, since not every apartment can be divided into real shares.

Nevertheless, although abstract, the shares will still be defined. The legislation does not regulate the size of shares, especially when it comes to determining shares between former spouses or heirs.

As for determining shares in the case of purchasing an apartment using maternity capital, there is still some semblance of regulation. Thus, the Pension Fund of the Russian Federation, which is the main regulatory body on the use of maternity capital, recommends determining shares taking into account regional standards for living space.

Features of dividing maternity capital

In fact, determining shares in apartments purchased with maternity capital is much more complicated. It is for these reasons that the legislation provides for mandatory notarization of the agreement on determining shares in an apartment purchased with the participation of maternity capital.

The fact is that maternity capital is involved in the purchase of an apartment, but it is not the main means of purchase. As a rule, it is about 20-30% of the cost of the apartment.

A review of the judicial practice of the Supreme Court of the Russian Federation dated June 22, 2016 explains that shares in an apartment purchased using maternity capital are allocated in proportion to the amount of maternity capital.

Example : The total cost of an apartment with an area of ​​100 m² is 3,000,000 rubles. The contribution from maternity capital was equal to 300,000 rubles. The shares are determined for a part of the apartment equal to 3,000,000 rubles.

These 10 meters should be divided into shares according to the number of family members. The rest of the apartment will be the joint property of the spouses if the apartment was purchased during marriage.

Of course, the shares can be larger. No one will prevent the division of the entire apartment into equal shares. But 10 m² is the minimum that should be divided into shares.

Contents of the agreement

• If the determination of shares is related to the division of property of the spouses, then there is no need to worry too much about maintenance, since the agreement must undergo notary verification.
• If we are talking about determining shares in the common property of heirs or family members, then to write an agreement it is better to use the standard template available on the website.
• In general, the agreement should contain the following information:

1. names of the parties to the agreement;
2. address of the divided apartment;
3. characteristics of the apartment, including number of rooms, area, etc.

   ;

4. the nature and method of emergence of common ownership of the apartment;
5. listing of documents confirming the ownership of co-owners;
6. expression of consent of co-owners to determine shares;
7. the size of the shares due to each of the co-owners;
8. signatures of the parties to the agreement and the date of its preparation.

In order for the agreement to be drawn up reliably, reliable data must be included in it. This means that when drawing up an agreement, you must have extracts from the real estate register, registration certificates, and personal documents of each of the parties to the agreement.

In addition to the fact that the documents will be useful for drawing up the agreement, they will need to be presented to Rosreestr together with the application for registration of shared ownership.

Registration of the agreement

Simultaneously with the application for registration of the agreement, each of the co-owners must submit to Rosreestr:

• a copy of the agreement;
• ownership documents;
• cadastral passport;
• extract from the BTI;
• receipt for state duty.

Within 10 days, if the agreement is drawn up correctly and all necessary documents are attached, Rosreestr will register shared ownership of the apartment.

Agreement on the allocation of a share in common shared ownership sample

Joint ownership must first go through the procedure of determining the shares of all interested parties, and only then the share is allocated.

IMPORTANT! When dividing property by voluntary agreement, the owner has the right to independently decide what size part will be allocated to those relatives who do not have a priority or strictly regulated by law right to ownership.

Separable improvements to common property, unless otherwise provided by agreement of the participants in shared ownership, become the property of the participant who made them. In (name of the court)________ Plaintiff: (full name/name, place of residence/location) Defendant: (full name.

/name, place of residence/location) Price of the claim: (amount in rubles, if the claim is subject to assessment) Statement of claim for a change in shares in the right of common shared ownership of a residential premises The defendant and I own a residential premises (description of real estate) on the right of common shared ownership, located at: ____________.

Agreement on the allocation of a share in kind

By this agreement, the parties have determined: Party 1 owns _______share(s), Party 2 owns _______share(s). 3.

This agreement contains the entirety of the relationship between the parties with respect to the subject matter hereof and supersedes and invalidates all other obligations or representations that may have been accepted or made by the parties, whether oral or written, prior to entering into this agreement. 4.

Common shared property is subject to mandatory state registration in the Office of the Federal Service for State Registration, Cadastre and Cartography for the Kursk Region. The parties themselves bear the costs of registering their rights. 5.

If division is impossible for one reason or another (for example, the disputed object is a one-room apartment), then compensation of the cost of the share of one (several) owners to another (others) is allowed. To determine the amount of payments, specialized assessments are carried out, or the parties simply agree among themselves.

The cost of the share is usually lower than the actual cost of the apartment, if we consider the sale of the entire property. You may be interested in an article on how to find out the cadastral value of an apartment; you can read about it here.

In this case, all parties will benefit if they come to an agreement on the allocation of shares in kind after the sale of real estate.

Unlike a marriage contract, an agreement to determine the shares of common property is usually concluded not at the beginning of a marital relationship, but before the upcoming divorce or even after it.

In addition, the marriage contract applies not only to the property available at the time of its signing, but also to that which will be acquired in the future. The agreement on determining the shares of the husband and wife determines their rights only to those objects that they own “here and now.”

If an agreement has been reached, it must be drawn up on a standard form, where the details of the participating parties are written down with the obligatory indication of their passport data, documents on the right of ownership of property located at a certain address are mentioned, registration data in the Unified State Register and Cadastre are listed.

If you plan to sign an agreement on the allocation of a share in a dwelling subject to autonomous development with subsequent separate ownership, then you need to take an opinion from the BTI on the possibility of dividing the property.

If division is not possible, the parties to the agreement must jointly decide in what equivalent they will receive their share and determine the actual value of the property.

Party 1 owns ¾ of the house's share, consisting of an isolated part of the main building on the ground floor, consisting of living rooms with an area of ​​50 sq.m., 12 sq.m., 18 sq.m., a kitchen with an area of ​​12 sq.m., a bathroom on ground floor.

In the event of a divorce, receiving an inheritance, or allocating living space for minor children when purchasing a new apartment, situations arise when the owners need to legally secure their right to own a certain part of the common property.

There are two forms of resolving the issue of separating part of the collective property into separate ownership: contractual and judicial. In this article we will talk about how to conclude an agreement on the allocation of a share in various situations and about all the nuances of this action.

As soon as the agreement is signed by the share owners or the allocation of a share in the apartment occurs through the court, the rights of each party are registered in Rosreestr. The ownership of the allocated share becomes a registration certificate and an extract from the Unified State Register.

How can one legally deprive an owner of a share in an apartment? We invite you to watch the video.

The main requirement set by the legislator for an agreement on the division of property in kind is voluntary consent.

However, in addition to this, it is also necessary to ensure that the premises are isolated from each other and have a separate entrance (in the case of land plots, a driveway).

If everything is quite simple with plots of land, then in residential and industrial premises it is often necessary to carry out redevelopment, which must be approved and, accordingly, new technical documentation must be obtained from the BTI.

Maternity capital is the amount paid by the state after the birth of a second child. Its amount has been growing almost constantly since 2007, and is additional financial support for the family.

Many families perceive this certificate as a “gift” from the state, which can be spent wherever they see fit. But that's not true.

Ownership of residential premises is confirmed (indication of title documents (certificate of ownership, purchase and sale agreement, etc.) In _____.

An example of an ideal share is when two rooms of unequal area are managed by two owners, each of whom has ½ share, and in fact, these rooms are in common ownership. I take out a mortgage to build a house. the plot is registered in the name of the wife. The bank obliged me to draw up an agreement to allocate me a share of the land plot.

Preparation of an agreement on the allocation of shares 2023: samples, step-by-step instructions

By the ruling of the magistrate of judicial district N “address” dated DD.MM.YYYY, the case is based on the claim of S.N. Dalakyan. to this definition Kuznetsova T.I.

In the case of shared ownership, the allocation is carried out by mutual agreement or during court proceedings in accordance with the already known sizes of shares.

But situations are different, sometimes there is a desire or need to regulate property relations by concluding an agreement on determining the shares of common property.

This usually happens when one of the owners is planning a transaction to alienate their share of a real estate property.

However, the regime of shared ownership can easily be extended to movable property; all objects acquired by spouses, as well as something specific, can be divided. In any case, you will need to draw up an agreement to determine shares in joint ownership.

The procedure for allocating individual parts begins with a voluntary written agreement being concluded between all parties entitled to the property. The agreement stipulates:

• passport details of all participants;
• numbers of documents confirming ownership rights;
• registration data about real estate USRN;
• the size of the allocated parts in the shared (1/2, 1/3 and so on) ratio of the total property.

The parties to the transaction can divide certain property among themselves by agreement: the allocated parts do not have to be equal, it is quite possible that the division will be made in other proportions, this is not prohibited by law.

Participants in common joint ownership determine this themselves. As a rule, equal shares are allocated, this is especially true if the title document is a privatization agreement, that is, a gratuitous transfer of an apartment from state to private ownership.

An agreement on determining shares is drawn up in simple written form, with the exception of determining shares for spouses from jointly acquired property. Based on the agreement on the determination of shares and statements of all participants in this transaction, a record will be made in the Unified State Register of Shares in the right of common shared ownership.

A document confirming the plaintiff’s ownership (certificate of ownership, purchase and sale agreement, etc.) on page ____; 2. A document confirming payment of the state fee on ____page; 3. Evidence of the plaintiff’s implementation of inseparable improvements (acceptance certificate, copy of work permit, etc.) on page ____; 4.

AGREEMENT ON DETERMINATION OF SHARES.g. Yaroslavl date in wordsCitizens of Russia, full name (in full)___________________________date of birth.

, passport: ________________________________________________________________________________, residing at the address: _______________________________________________________________, hereinafter referred to as “Party 1”, on the one hand, and full name (in full) ________________________________ date of birth.

, passport:______________________________________________________________________________, residing at:_______________________________________________________________, hereinafter referred to as “Party 2”, on the other hand, have entered into this agreement as follows: 1.

Agreement on determining shares in joint ownership

In this regard, the previously established shares in the common property must be changed as follows: We did not reach an agreement with the defendant on the issue of changing the shares in the common property right. In this regard, guided by Article 245 of the Civil Code of the Russian Federation, I ask: 1.

Change the shares in the right of common shared ownership of residential premises at the address: ______________________________ 2. Recognize my share as equal to ______________, and the defendant’s share as equal to ___________.

It happens that for some reason - divorce, inheritance, privatization - one of the owners needs to allocate a share.

If there are more than two co-owners of a property, then it is allowed to allocate a share in kind to only one of them. The rest, if desired, can be co-owners of the remaining area on the basis of joint ownership.

When entering into marriage, many lovers agree to any hut and do not think at all who will own it and how it can be divided.

A family is created and built through the efforts of both spouses; if there is no marriage contract, then everything that is acquired is considered common property, to which the husband and wife have equal rights.

The main legal document that regulates the allocation of a share of real estate in kind under common ownership is the Civil Code of the Russian Federation. It lists ways to resolve the issue of dividing shares in joint property, namely:

• by contacting the justice authorities;
• by drawing up a voluntary agreement on the allocation of shares.

If the shares of participants in shared ownership cannot be determined on the basis of law and are not established by agreement of all its participants, the shares are considered equal.

An agreement by all participants in shared ownership may establish a procedure for determining and changing their shares depending on the contribution of each of them to the formation and growth of common property.

A participant in shared ownership who has made inseparable improvements to this property at his own expense in compliance with the established procedure for using the common property has the right to a corresponding increase in his share in the right to the common property.

After the documents are collected, parents receive the right to maternity capital, which they can spend immediately or after three years, according to the legislation of the Russian Federation.

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• Notarize the cost of the birth certificate
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Agreement on determination of shares - sample 2023

Helpful information

When entering into marriage, many lovers agree to any hut and do not think at all who will own it and how it can be divided. A family is created and built through the efforts of both spouses; if there is no marriage contract, then everything that is acquired is considered common property, to which the husband and wife have equal rights.

But situations are different, sometimes there is a desire or need to regulate property relations by concluding an agreement on determining the shares of common property.

This usually happens when one of the owners is planning a transaction to alienate their share of a real estate property.

However, the regime of shared ownership can easily be extended to movable property; all objects acquired by spouses, as well as something specific, can be divided. In any case, you will need to draw up an agreement to determine shares in joint ownership.

How to draw up an agreement on determining shares: sample

Unlike a marriage contract, an agreement to determine the shares of common property is usually concluded not at the beginning of a marital relationship, but before the upcoming divorce or even after it.

In addition, the marriage contract applies not only to the property available at the time of its signing, but also to that which will be acquired in the future.

The agreement on determining the shares of the husband and wife determines their rights only to those objects that they own “here and now.”

The parties to the transaction can divide certain property among themselves by agreement: the allocated parts do not have to be equal, it is quite possible that the division will be made in other proportions, this is not prohibited by law.

Contents of the agreement on determining shares

The need to enter into an agreement to determine the shares of property may arise not only among the husband and wife, but also among the heirs or members of the peasant farm.

The document usually states:

• date and place of compilation;
• names of the parties;
• designation of property and its shares to each;
• right of first refusal;
• the possibility of requiring allocation in kind;
• the moment the agreements enter into force;
• information about the parties (details, addresses).

A sample agreement on determining shares is signed by the participants and notarized (if the parties are spouses). If the subject of the transaction is real estate, the transfer of ownership is subject to mandatory state registration.

Consequences of concluding an agreement to determine shares

After changing the legal status of the owners and registering their rights, each owner has the right to dispose of the owned parts of the objects at his own discretion.

But do not forget that alienation transactions will now have important nuances.

For example, if you want to sell your share, you will need to notify the other owners of this intention, since they have a pre-emptive right to purchase.