How to combine shares in an apartment for one owner documented

the rights and obligations associated with it .

In this case, the legislation provides for the rights associated with the ownership, use and disposal of such housing, and the responsibilities consist of maintaining the property (both one’s own and the common one) in proper condition.

An apartment can be in individual or common (shared or joint) ownership.

• There are several grounds according to which an apartment can become a property . Such grounds may include:
• There is also a separate method in which an apartment becomes private property through acquisitive prescription .
• However, in order for such an apartment to become a property, not only an agreement is required under which the corresponding transfer is carried out, but also state registration of both the right and the transaction.

Rights and obligations of the apartment owner

The rights and obligations of the apartment owner are established by Art. 30 of the Housing Code of the Russian Federation (LC RF). The owner of such a dwelling, in relation to the premises owned by him in accordance with the purpose and limits of its use established by housing legislation, exercises the following rights :

• possessions;
• use;
• orders.

That is, in relation to such property, the owner has all the elements of ownership specified in Art. 209 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation). That is, such a person has the right to perform actions that do not contradict the law, and also do not violate the rights and interests of other persons.

1. The owner, taking into account the requirements of civil and housing legislation, has the right to provide possession and use of a dwelling belonging to him:
2. In addition to the rights that are characteristic of any owner of various property, the owner of a home also has responsibilities , which is some distinctive feature.
3. The owner bears the burden of maintaining the property he owns.

For example, in the case of owning an apartment, he bears the burden of maintaining the common property of the owners of premises in such an apartment building; if he owns a room in a communal apartment, then in relation to the common property of the owners of the rooms in such an apartment. However, this provision may be changed by treaty or federal law .

There is also an obligation to maintain the specified premises in appropriate condition, that is, to prevent mismanagement of it. In addition, the owner must respect the rights and interests of neighbors, and also comply with the following rules :

• use of residential premises (established by Decree of the Government of the Russian Federation of January 21, 2006 No. 25);
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Inheritance, donation, privatization or purchase and sale by several citizens are situations when real estate becomes shared ownership. The portion owned by each participant is shown as a percentage or fraction of the total property.

The property owner must contact Rosreestr in order to undergo the procedure. A statement must be written on the spot by the owner of the property.

However, with the end of the regime, the question arises, what to do next? Imagine that there is only one owner left in the apartment. From 2 or 3 transactions with shares he has certificates and extracts from the Unified State Register of Real Estate.

Cases when there is a need to allocate a share

Basic concepts and terms. Conditions for dividing an apartment. Requirements for the procedure. Features of division depending on the type of apartment. This may be a combination of two or more of the bases described above. For example, three owners - a mother and a brother and sister.

On the one hand, within the meaning of the provisions of Article 244 of the Civil Code, as soon as all shares in the ownership of a real estate property are transferred to one person, the regime of common shared ownership in relation to this property ceases and this person becomes its sole owner.

Accordingly, in the case under consideration, the type of registered right was incorrectly indicated in the repeated certificate issued to the company. A typical example: an apartment is owned in equal shares by spouses. After the death of the husband, his share (half of the apartment) is divided between the widow and the son of the deceased. Then the wife ends up with three-quarters of the housing, and the son gets a quarter.

If the second person wants to take his part, the simplest option would be to sell the apartment and divide the proceeds in proportion to the shares. However, the widow may oppose such a decision, and this is where an extremely conflicting situation arises. The child of the deceased can simply give up on the legal inheritance, but he can also defend his right of ownership.

On his part, it will be legal to move into the apartment, transfer his share to trust management or sell it.

If the dimensions of the parts are not documented, they are considered equal. But at the same time, the rights of owners differ from the rights of participants in joint ownership.

It often happens that one apartment owner has several certificates of ownership (extracts from the Unified State Register of Real Estate). In what cases is this possible and how to combine all the shares? You will learn about this by reading our article.

A year later, the company, under a purchase and sale agreement, acquired the rights to the remaining share in the common ownership of the above-mentioned facility, registered the rights to it in the Unified State Register and thus became the owner of 100 percent of the shares in the right to the production workshop.

In November 2008, the company applied to the territorial department of Rosregistration (hereinafter referred to as the department) with an application to re-issue a certificate of state registration for a real estate property and to make changes to the Unified State Register in terms of the name of the type of registered right from common shared ownership to private property.

But in the repeated state registration certificate issued to the company, the right to 231/232 shares in the right of common shared ownership was indicated, and on the reverse side it was noted that the company is the owner of the remaining 1/232 share.

Believing that a technical error had been made, the company contacted the department with a request to correct it, but was refused.

The owner filed an application with the Arbitration Court of St. Petersburg and the Leningrad Region to recognize this refusal as illegal, as well as to oblige the management to correct the technical error by changing the information in the Unified State Register of Rights regarding the type of registered right from common shared ownership to private property.

Combining rooms into an apartment...

For various reasons, a person can become the owner of several shares in one apartment. If desired, they can be connected; to do this, you should contact the government agency. To combine shares in an apartment for one owner, you must go through a standard procedure.

But on the other hand, the department did not formally violate anything, since it was guided by the provisions of the legislation on registration of rights.

Personally, I can’t pick up my certificate from the university. I plan to use a power of attorney so that another person can take the documents. They give you a bypass sheet... In this case, the donee also becomes the sole owner of the entire home, even if he received parts from several people.

Establishing the procedure for using property

The actual ownership order may not correspond to the documentary shares. But if the rights of one of the owners are clearly violated, the court has the right to allocate to each a part of the property in the form of a separate living space. The task of determining the order is to establish the most acceptable regime for everyone based on the equality of rights of owners.

Features of division depending on the type of apartment.
These and other aspects related to the topic under consideration can be found in the proposed article. The neighbors of the apartment building, consisting of 8 people, began to lay out plots for vegetable gardens, including under my windows in the local area with...

In our country, the practice of joint shared ownership of housing is common and very widespread. Since the time of privatization, most of the real estate has been transferred into private ownership in shares.

In order to avoid becoming a victim of apartment raiding and to understand any situation related to the ownership of real estate, you should know and correctly apply the laws.

Particular attention should be paid to how shares in the right of common shared ownership are determined.

As long as the relationship between the co-owners is not marred by conflicts, none of them feels worried about their status of owning real estate. But as soon as the co-owners lose mutual understanding, the problem of dividing this specific property inevitably arises.

And the solutions to this problem are far from simple. In the legislation of the Russian Federation there is no such concept as a merger of shares. A transfer of ownership can be made to a person who already owns part of the property.

To do this, three methods of connecting shares are used.

And in this case, much more unpleasant scenarios are possible for the widow, including the need to sell her share of the home for a minimal price and leave it.

How to combine shares in an apartment for one owner

Life situations are different, and it may happen that in an apartment where the property was shared, there remains only one owner.

In such a situation, many legitimate questions arise: what to do now with the remaining shares, I automatically become the sole owner, can I dispose of them at my discretion, is it possible to legally combine them, and how to formalize all this.

To do this, it is necessary to go through a step-by-step procedure for re-registration of shared ownership into full-fledged sole ownership, by registering real estate in a general manner, observing certain nuances.

What legal methods can be used to combine shares?

The term “merger of shares” itself is not regulated by Russian civil legislation. There is only a rule of law concerning the transfer of ownership of a share to a co-owner who is already the owner of part of this living space. Or it is going to purchase the remaining shares from the remaining co-owners.

Legal relations regarding the transfer of ownership from one co-owner to another are registered through the state registration authority, and all changes are made to the Unified State Register of Real Estate. There are three legal methods for combining shares of real estate:

• buyout of shares;
• registration of deed of gift;
• through inheritance of all or one of the shares.

Each method has its own legal subtleties, which should be remembered not only by those who acquire a share in property, but also by those who alienate it.

Purchase of a share (redemption)

In this situation, a contractual agreement on the purchase and sale of a share in the property is concluded between the owner of the share and the co-owner (buyer).

Important! Starting from June 2016, according to Article 7 of Federal Law No. 172, it is impossible to give, change, or alienate a share between owners without notarization. It is also necessary to certify the official refusal of the shareholders from the transaction (if there is ).

For example:

The former spouses decided to formalize a transaction for the sale of common property, which they had registered in equal parts. That is, everyone’s property document indicated that each of them owns ½ of the apartment. In this case, notarization is not required.

But if the documents indicate that each spouse owns the apartment on the right of shared ownership, then upon alienation of such a property, the purchase and sale agreement must be notarized. And it doesn’t matter whether a share of the residential property or the entire property is alienated.

It is worth noting that if a child who has not reached the age of majority is involved in the transaction, then the acquirer will need to not only certify the purchase and sale agreement with a notary, but also confirm the consent of the guardianship authority to carry out such alienation of a share in the living space.

Form of share purchase and sale agreement

Association by donation method

Combining several shares into a single whole is also possible by registering a deed of gift, this is especially true if the share owners are close relatives.

If there is a relationship between the co-owners in the first place, such registration of the transfer of shares into the ownership of one owner is the most profitable option for concluding a transaction.

Since relatives (first priority) who have drawn up a deed of gift among themselves are exempt from a significant tax fee - payment of personal income tax.

Personal income tax is not payable if the participants in such a transaction are persons whose family relations are confirmed by the first degree of relationship (Article 217 of the Tax Code). They are:

• children, parents (adopted, adoptive parents or blood);
• brothers, sister (independently, both parents are natural or one of them is common, i.e. half-brothers, sisters);
• spouses;
• as well as family ties between the first and third generations (i.e. grandparents and granddaughters, grandchildren).

Other categories of citizens receiving a share(s) as a gift should know that they will have to pay a certain amount from the gift received. Since this will be the income of an individual. The amount of the tax fee will depend on who the donee is:

• 13% of the amount donated as a share – if the donee is a resident of our country;
• 30% of the value of the share donated – if the recipient of the gift is a foreigner (non-resident).

Even when receiving only part of the real estate as a gift (share under gift), the acquirer is obliged to indicate this in the declaration. Its cost will be calculated by independent cadastral service specialists. And the tax service, when calculating the fee, will proceed precisely from these data.

Providing information on the cost of housing (share) is received by the tax office through electronic communication between government agencies and the information provided by the owner. So, if the citizen who received this property as a gift does not agree with the amount of tax payment, he has the right to file a claim to revise the amount of the tax contribution.

Since a deed of gift for a share of living space is an alienation transaction, it is also subject to mandatory notarization.

Form of share donation agreement

By inheritance

In some cases, a consolidation of shares is required if one of the co-owners receives another share in the living space by right of inheritance. The right of such inheritance can be obtained “by law” or “by will”. Legal relations in this case are registered on the basis of a will or a certificate of inheritance issued and certified by a notary.

Some nuances

In some cases, property owners have well-founded questions regarding other nuances of combining shares and for other reasons. So, for example, a married couple also has a child, and the residential property is registered as shared ownership with equal distances for each. Each property has 1/3 of the living space.

Each parent has an individual testamentary agreement, which states that their child receives his share after his death. Due to the death of his mother, he will receive her 1/3 of the property, and due to the death of the second parent, his share.

And in each situation, the state body that registers the child’s rights to the share of one of the parents issues a separate document.

It is also important that the co-owner of the property right cannot register his share of the real estate as his own.

If the registration authority refuses to record this transaction, you can use the position of the Supreme Arbitration Court, but this does not mean that this rule of law, applicable in the practice of a court of this rank, can be heard and applied by other courts.

Since, according to Russian legislation, the practice of higher courts can only be applied if it is a decision of the Presidium of the Supreme Court of the Russian Federation.

The process of combining shares

The procedure for combining shares, as mentioned above, is no different from the general procedure for combining parts of a real estate property into ownership.

That is, the whole process consists of recording the consent of other shareholders to transfer the ownership rights of their share to the only owner (provided that they are alive), or in registering the property in “one hand” if there are no other owners left alive.

The package of documents depends precisely on the grounds for registration of the transaction (death of the shareholder, transfer by inheritance, donation procedure, etc.).

The likelihood that the entire process of transferring shares of a residential property into “one hand” will be regulated by legislators in 2018 is only 55%. Since it is these shares that most litigation is associated with. And it is these shares that are a tasty morsel for the fraudulent schemes of “black realtors”.

How to combine the owner’s shares in an apartment: documents, procedure, authorities

A citizen can become the owner of several shares in an apartment for various reasons. If desired, he can combine them. To do this, you need to contact the territorial body of Rosreestr in person, remotely or through a representative with an application for re-registration of property rights, a passport and title documents.

In certain cases, co-owners of an apartment are required to combine their shares. Co-owners have different motives. For example, when one of them decided to buy out square meters belonging to other shareholders.

Sometimes the shares of several co-owners are accumulated in the same hands, and instead of common ownership, sole ownership is formed.

Methods for increasing shares

In the civil legislation of the Russian Federation there is no term “merger of shares”. There is a concept of “transfer of ownership” of a share to a citizen who already owns part of the living space. Or he is going to purchase several shares from different co-owners. The transfer of ownership to another person is registered by Rosreestr authorities.

There are three main ways to combine shares in an apartment:

• their ransom;
• through the donation procedure;
• by inheritance of one or more shares.

Each method has legal nuances that both purchasers of an apartment share and those who are planning to alienate it should remember.

Ransom

In this case, a purchase and sale agreement is concluded between the owner and the acquirer of the shared property.

Please pay attention! Since 2016, an agreement for the sale of a share in residential real estate must be certified by a notary. This rule applies if the apartment is in common shared ownership.

For example, if spouses decide to sell an apartment that they jointly own, they do not have to resort to the services of a notary. But if they own the property in shares, then the purchase and sale agreement must be notarized. It does not matter whether only one of the shares or the entire apartment is for sale.

When an apartment is purchased with a mortgage and the loan has not yet been repaid, the sale of a share in it is possible only with the permission of the bank. Until the borrower fully pays him off, he has the right to control any alienation of real estate, since he is the mortgagee in relation to its owner (Article 346 of the Civil Code).

If the owner of the share is a minor, you will have to not only notarize the transaction, but also obtain written permission for it from the guardianship and trusteeship authorities.

Download a sample contract for the sale and purchase of a share in an apartment. The form is current as of April 2018.

Donation

You can combine two (or more) shares of an apartment into one by registering a deed of gift. This method is often chosen by relatives who are co-owners of the property. If there is a close relationship, this transaction is beneficial, since the donee is exempt from paying a considerable amount of tax on the income received.

Personal income tax - personal income tax - is not paid if the donation of part of the real estate occurs between the following categories of relatives (Article 217 of the Tax Code):

• parents and children (adopted or natural);
• sisters and brothers (including half-siblings who have only one common parent);
• spouses;
• grandparents and grandchildren.

Donees who are related to the donor in other ways and who are not related at all must pay personal income tax:

• 13% of the value of the share – for tax residents (the vast majority of Russians include them);
• 30% of the share value – for tax non-residents.

Having received a share as a gift, it must be declared. The tax authorities will calculate the approximate cost on their own, based on their methods and the documents submitted by the taxpayer (along with the declaration). If the accrued tax amount seems excessive to a citizen, he has the right to challenge it in court.

Since donating a share is one of the ways of alienating it, this transaction will also require notarization.

Download a sample agreement for the donation of a share in an apartment. The form is current as of April 2018.

Inheritance

Consolidation of shares is sometimes required if one of the shareholders receives another share by inheritance. You can inherit a share in a home by law or by will. The transfer of ownership is registered on the basis of a certificate of inheritance issued by a notary.

A special case

Sometimes homeowners are interested in whether it is possible to combine several shares in an apartment that belong to the only owner of the property for different reasons (and according to different documents). For example, a common situation is when two spouses and their only daughter live in an apartment.

The residential premises are in common shared ownership, and each family member has a certificate of ownership of 1/3 of the apartment. Each spouse has a will for their share, drawn up in favor of their daughter. After the death of her father, she receives his 1/3 of housing, and after the death of her mother, she also receives her share.

Each time, Rosreestr issues her a separate certificate of ownership (for the parental share).

Attention! Based on the meaning of Article 244 of the Civil Code, one person cannot be a participant in shared ownership, that is, a joint shareholder for himself.

As a sole owner, it should be considered regardless of whether a single document was drawn up at the initiative of the citizen - about ownership of the entire apartment - or whether he still has several papers in his hands (for each share).

A citizen who wishes to combine shares in an apartment must submit an application for registration of ownership of the entire (merged) object. That is, if, for example, for various reasons and documents he owns 2 shares out of three (1/3 + 1/3), he asks to register the right to 2/3 shares in the common ownership of the apartment.

Documents and fees

The application is accompanied by a documentary package:

• applicant's passport;
• all certificates (extracts) of ownership of the shares belonging to him;
• title documents (on the basis of which the applicant became the owner of the shares: gift agreement, notarial certificate of inheritance, purchase and sale agreement, etc.);
• receipt of payment of state duty.

Attention! The state fee for state registration of real estate rights for individuals in 2018 is 2,000 rubles.

Where to contact

Rosreestr is authorized to register the merger of shares. The owner has the right to contact this department in various ways:

• personally hand over the package of documents to the department official;
• send an authorized person there (in this case, his passport and power of attorney from the equity holder must be added to the package of documents);
• personally or through a representative submit an application and papers through the MFC;
• act remotely - through the State Services portal;
• send all documents by mail.

Rosreestr employees must register within three working days. If the owner or his authorized representative submitted documents to the multifunctional center, the period is increased to five days.