Agreement on the division of inherited property between heirs (sample)

When several heirs declare their decision to accept a share, then all the property of the deceased will be divided among them in the amount provided by law. But this is not always convenient, because you will have to accept shares from each object, and then register them and own the property together.

The Civil Code of the Russian Federation allows the heirs, immediately after the stage of entry into rights, to agree and divide the property not according to the standard scheme, but at their own discretion. A sample agreement between heirs on the division of inherited property will help to avoid unnecessary difficulties when using inherited objects.

Conditions for concluding an agreement

Heirs can carry out division by agreement only if several conditions are met:

• several heirs (at least two);
• everyone received inheritance papers in the notary's office;
• the property that will participate in the transaction is divided into shares;
• the property is not recognized as escheat;
• the property is not included in the will in whole or in part.

If there are no real estate objects in the inheritance mass, then such an agreement can be concluded before receiving the certificates. For example, several people cannot inherit a car at once, so you can agree on who will receive this type of property. In the future, the owner must pay proportionate compensation to each heir.

An important point is the debts of the deceased.

Transaction objects

Property that is not affected by the will can be divided by agreement. The certificate of inheritance always indicates on what basis the share is transferred to use: by law or in accordance with the will of the deceased.

Important! Bequeathed items may become the object of a division agreement if there is a need to allocate an obligatory part.

For example, the future owner of the property under this agreement may agree to pay monetary compensation. Or if all the property was bequeathed to several persons, but the author did not indicate the ratio of shares.

Other objects can participate in the agreement all, or only some part. For example, if three heirs received documents for three objects: an apartment and two plots of land, then they can conclude any of the contract options:

• allocate objects in kind, that is, each of the heirs will receive one entire object;
• leave the apartment in shared ownership, and distribute the land plots between two heirs;
• transfer all objects into the ownership of one heir, who will pay monetary compensation to others;
• other options that suit all participants.

When drawing up a contract, you can focus on the market, cadastral value of objects or completely neglect this indicator. It all depends on how willing the relatives are to negotiate.

There is only one condition for concluding a deal: all participants must agree with the division. If someone does not give consent (intentionally or is simply indifferent to the property received), then the issue will have to be resolved through the court.

Form

Forms of agreement on the division of inherited property:

• oral: relatives agree on the procedure for using the objects and follow this agreement. At the same time, they will still have to formalize the right to the share and, when selling it, take into account the opinion of the other owners. This is the most unreliable form, because if a verbal agreement is violated, no punishment can follow. In addition, it cannot be applied to objects whose cost is above 10 minimum wages;
• simple written: consists of the case when it is necessary to determine one owner for indivisible property (for example, a car). It can be concluded before the expiration of 6 months from the date of death, so that in the future the notary can issue a certificate of ownership of the car for only one person;
• certified by a notary: only this form of agreement is valid when registering ownership rights to large objects and determining the taxation procedure.

The agreement on the division of inheritance, by its legal nature, is a multilateral transaction. Participants have the right to determine for themselves the conditions under which they want to make a division.

The contract may not take into account the cost of the objects at all, contain an agreement to reimburse some costs (payment for paperwork) or have a clearly stated cost. You can even agree on the division of money received from the sale of property. In a word, everything that seems necessary can be recorded in this paper.

Important! One condition is nevertheless spelled out in the Civil Code of the Russian Federation: the agreement should not infringe on the rights of those who are not involved in the transaction. If everyone within the agreement agrees to the terms of the section and the rights of third parties are not affected, then the agreement can be certified by a notary.

With the help of an agreement you can:

• allocate shares in kind;
• change the size of shares;
• appoint one owner;
• assign compensation;
• submit other questions.

Sample

According to current legislation, the contract must contain some mandatory clauses. Sample sample:

Agreement on division of inheritance between heirs

1. Place of compilation (city, region/territory, country).
2. Date of composition (in words).
3. Listing of all participants in the transaction indicating their personal data (date of birth, residential address, passport details).
4. Listing of circumstances. The details of the inheritance case are described in detail (name and address of the notary responsible for issuing certificates, case number in the register, date of issue).
5. Listing of the objects of the transaction (inherited property that is planned to be divided): their type (apartment, land plot, house, garage, etc.), full address.
6. And finally, the section itself, according to Art. 1165 of the Civil Code of the Russian Federation: what becomes property and to whom. Not only the object is indicated in detail, but also its cadastral data and value (cadastral - on the day of death or market - at the moment).
7. The next point is about monetary compensation. If any are planned, then it is indicated who, to whom and how much should be paid, during what period. If they are not planned, then a note is made that no additional payments or compensations will be made.
8. Then you can specify other details: for example, who will be responsible for paying for this agreement, etc.
9. The final part is about the number of copies, that one of them will be kept by the notary, and the rest will be handed over personally to the parties to the transaction.
10. Signature with transcript of each participant.
11. Certification by a notary: his signature and seal.

Download a sample agreement between heirs on the division of inherited property.

Where can you conclude an agreement on the division of inherited property? How to register with a notary:

• on the appointed day, all participants appear in the notary’s office;
• draw up a document under his leadership;
• check it, print it, sign it;
• get your hands on copies.

Important! It is better to do this in the office where the inheritance case was conducted. But if for some reason this is not possible, you can apply for it in any other place.

• If one of the participants cannot visit the notary, then either the transaction is postponed to another day, or the absent person appoints a proxy in his place (he must have a notarized power of attorney).
• Accompanying documents
• Each participant must bring with him to the conclusion of the agreement:

• passport;
• certificate of inheritance.

Price issue

The cost of the agreement for the division of inherited property is determined as a percentage of the value of the received share.

If he receives an object, then the notary's fee for a copy of the agreement will be 0.5% of the value of this object (if its price is up to 1 million rubles), 0.3% (if it is valued up to 10 million rubles) or 0.15% (if it costs more than 10 million rubles).

Additionally, the services of the notary himself are paid - this figure also depends on the total cost of the property (7 thousand rubles, 12 thousand rubles or 39 thousand rubles, respectively).

Terms of conclusion and changes

One of the conditions under which a transaction can be suspended is the presence of an unborn heir. The period of suspension is until the birth of the baby.

Termination conditions can be specified in the contract itself. If this is not the case, but there are reasons for changing or terminating it, this will have to be done through the court.

Conclusion

An agreement on the division of inheritance can be concluded between all owners of shares in the property only voluntarily. If someone does not agree or is not interested in resolving this issue, the heirs have the right to demand a trial.

However, even if the case goes to court, you can end it with a settlement agreement and divide the property not by a court decision, but by your own will.

Division of inherited property - Agreement on the division of inherited property between heirs (sample) 2023

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Inheritance represents various material assets: houses, apartments, cars, securities, deposits, books, antiques, collections and other property.

It is logical that after acquiring property rights, misunderstandings arise between the heirs.

Applicants are forced to decide questions: who will get the property, how to divide it, to whom and what share to allocate, and if this is impossible, what is the amount of compensation?

It is advisable to draw up an agreement - it is faster, easier and less expensive. The agreement allows the heirs to eliminate all contradictions and dispose of the property taking into account the interests of the co-owners. All that remains is to figure out how to correctly draw up an agreement and what to include in it? Read the instructions in our material.

Features of the division of inherited property

Divide property or leave it indivisible? This question worries many heirs - by law and by will.

Most often, the issue of division arises between legal heirs. Especially if the property is large and there are few applicants - or, on the contrary, there is one object and many successors.

Conditions for the division of inherited property:

1. Registration of certificates of inheritance rights.
2. Participation of several applicants - from 2 people or more.
3. The property is in shared or joint ownership.
4. The testator did not indicate the shares that would go to the candidates.

Options for dividing property are entirely at the discretion of the heirs. The most important thing is to reach agreement and take into account the interests of low-income family members: elderly parents, disabled people, incapacitated people and minors.

Let's look at the features of the division of property using specific examples:

If there is one property, and there are several applicants, the object is divided into equal (without agreement) or unequal shares (by agreement).

Example:

The brothers inherited their father's car and began dividing the property. The older brother already owned a personal vehicle, so he did not need a car. The younger brother started a family and was in dire need of a means of transportation.

The heirs agreed that the car would go to the younger brother, and in return the elder would receive monetary compensation as part of his share. The brothers notified the notary in advance of the decision, so the certificate of inheritance indicated one recipient of the vehicle - the younger brother.

He later registered the title to the car with the local traffic police.

If the deceased left several objects to two or more heirs, the recipients can draw up an agreement on the division of property.

Example:

After his death, the father left a 3-room apartment, a car, a plot of land and a cash deposit in the amount of 400,000 rubles. The notary accepted applications from four heirs: son, daughter, mother + grandmother of the deceased, who was his dependent. The heirs decided to enter into an agreement on the division of assets.

The daughter and mother received a 3-room apartment on the basis of common shared ownership - the son and grandmother received monetary compensation in exchange for their shares in the apartment. The son bought a car, and the grandmother bought the entire plot of land (instead of the required 1/2 part). The heirs agreed that no compensation would be paid for these objects.

The contribution was divided equally - each heir received 100,000 rubles.

Example:

Sofronov and his mother cultivated a plot of land in the Moscow region. Soon Sofronov was diagnosed with cancer, and six months later the man died. Property composition: cash contribution, share in LLC and land plot.

The division of the inheritance will take place taking into account the mother's preemptive right to an indivisible thing - a land plot that cannot be allocated in kind. The basis is the use of the plot during the life of the testator and until the opening of the inheritance.

It is the mother who will receive the land as part of her share. The heirs decide among themselves whether to pay compensation or not.

When can a separation agreement be executed?

Inheritance of the assets of a deceased person occurs by will, and in the absence of one, by law. Having a will somewhat simplifies the distribution of property between heirs.

However, the order does not always contain provisions on the size of the shares of each applicant. Additionally, difficulties arise in relation to an indivisible thing (clause 1 of Article 133 of the Civil Code of the Russian Federation).

In this case, disputes can be resolved through a separate agreement or in court.

The basic condition for the division of inheritance is the participation of heirs of one line of kinship , regardless of the method of entry into rights (for example, father, mother, son, daughter, spouse - for primary heirs).

If relatives do not conflict with each other regarding specific property or its share, then they can use the property of the testator (for example, live in his apartment until they receive an inheritance certificate).

If the heir is a co-owner of the property, then he can dispose of his part of the property, regardless of the wishes of the relatives of the deceased person. However, when alienating property, difficulties may arise - the pre-emptive right of redemption belongs to the co-owners.

The remaining heirs enter into property rights only after the assets are registered as property.

When should you not draw up an agreement?

Despite the freedom to draw up an agreement, there are cases when it is impossible to draw up an agreement:

• if among the heirs is a conceived but not yet born baby , in this case you will have to wait for the child to be born, and only then divide the property of the deceased (Article 1166 of the Civil Code of the Russian Federation);
• if the obligatory share in the inheritance is not taken into account, it is received by disabled members of the testator’s family + dependents, subject to financial dependence on the deceased and living with him during the last year of life (Article 1149 of the Civil Code of the Russian Federation, as well as the provisions of Article 1167 of the Civil Code of the Russian Federation);
• if the inheritance was distributed unevenly.

Concluding an agreement under such conditions is a clear violation of property rights. If this is discovered, the victims can contact the guardianship authorities and file a claim to declare the contract invalid (void).

How to correctly draw up an agreement on the division of inherited property?

An agreement is a multilateral document that affects the interests of heirs and third parties. The fate of property, interests of the parties and financial losses depends on the correctness of the drafting. Let's figure out how to correctly draw up an agreement, what to include in it, and does it need to be registered with a notary?

Form and content

The law is not limited to one form of agreement on the division of inheritance. Relatives may not draw up a written agreement at all, but agree verbally.

For example, if the transaction includes property worth up to 10 minimum wages - the minimum wage (clause 1 of Article 161 of the Civil Code of the Russian Federation).

If the price of the inheritance is higher or it is real estate, the agreement is drawn up in writing .

What must be specified in the agreement between the heirs:

• Title of the document;
• date and place of drawing up the agreement;
• information about the parties to the transaction (full name, registration address, passport details);
• reference to the provisions of the Civil Code of the Russian Federation;
• mention of a certificate of inheritance;
• list of inherited property;
• the procedure for distributing assets between heirs;
• mention of the number of copies of the agreement;
• warning about the impossibility of unilateral refusal to fulfill the contract;
• mention of subsequent registration of ownership;
• details of the parties to the agreement;
• heirs' signatures.

Relatives can determine the size of each of them's share or the type of property that will go to a particular claimant. Additionally, the agreement can display the amount of compensation for a disproportionate increase in the share of property of one of the parties to the transaction.

Sample agreement on division of inherited property

When dividing an inheritance, you can use the following sample agreement:

Download a sample agreement on the division of inheritance

Procedure for drawing up an agreement

The process is not fraught with any particular difficulties, but you need to follow the following steps:

Stage No. 1 . Enter into inheritance.

Stage No. 2 . Obtain a certificate of inheritance.

Stage No. 3 . Discuss the nuances of a future property division agreement.

Stage No. 4 . Contact a notary and draw up a draft agreement.

Stage No. 5. Register ownership or make changes to shared ownership.

Documentation

When contacting a notary, the heirs must prepare the following documents in the form of a package:

• Russian Federation passports - for heirs over 14 years old, as well as certificates for children under 14 years old and passports of their parents;
• agreement on the division of the inheritance mass (when drawn up);
• certificates of inheritance;
• receipt of payment of state duty.

Further registration of shares occurs in accordance with the notarial agreement. Please note that the basis is a certificate of inheritance - a title document.

However, the final registration is based on these agreements, which indicate the shares or the entire property that needs to be registered.

Even if the information from the contract and the certificate do not match, Rosreestr, the Federal Tax Service or the State Traffic Safety Inspectorate do not have the right to refuse state registration.

State duty amount

Agreements on the division of inheritance are subject to mandatory notarization. A state fee is charged for performing notarial acts. Its size is determined by the Tax Code of the Russian Federation. However, the law does not provide for a fixed fee amount for this category of agreements - situations are individual.

How to determine the amount of tax? According to the explanations of the Ministry of Finance, the amount must be calculated at the rate established for the registration of other contracts, the subject of which is subject to assessment. The state duty for certification of such agreements is 0.5% of the agreement amount , but not less than 300 rubles and not more than 20,000 rubles (Article 333.24 of the Tax Code of the Russian Federation).

An interesting point: payment is made by all participants in the agreement, depending on the size of their shares. If there is no share, the heir does not bear financial expenses. And, on the contrary, the larger the share or amount of compensation, the higher the state duty.

Conclusion: conclusions

We have discussed the main points - it’s time to draw conclusions from the article:

1. An inheritance division agreement is an out-of-court way to agree on the fate of valuables.
2. Before drawing up an agreement, you need to enter into an inheritance, i.e. obtain a certificate of inheritance from a notary.
3. The agreement may change the shares of the heirs, establish compensation, and other conditions.
4. The document can be oral or written - if the inheritance includes real estate, notarization is required.
5. The agreement is drawn up by the heirs of one line or the applicants under the will, with the full consent of all participants.
6. The final stage will be the registration of the agreement with the Rosreestr, the State Traffic Safety Inspectorate or the Federal Tax Service.

Need a lawyer

The division of property is often accompanied by conflicts between heirs. The reasons may vary. For example, if the property goes to the children of the testator from a previous marriage, and these persons are not co-owners of the property or never lived with the deceased parent. This situation creates real discomfort for the living spouse. The problem can be solved by concluding an agreement on the division of inheritance. If applicants do not make contact, you can file a corresponding statement of claim. To determine your tactics and chances of winning in court, you need to consult a specialized lawyer. This opportunity is available on our website. All you need to do is request a call back or write your question in a special form. A lawyer will tell you how best to divide property, take into account the obligatory share, pre-emptive right and compensation for increasing/decreasing the share.

Here's a video about the division of inheritance:

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Agreement on division of inheritance

Heirs, if there are two or more of them, who have received the inherited property as shared ownership, may enter into an agreement among themselves on the division of the inheritance. Currently, this is their right, but not their obligation. Therefore, not all heirs can take part in the conclusion of the agreement.

However, it is possible that in the near future, heirs who have inherited housing will be required to agree among themselves which of them will become the sole owner. If an agreement is not reached, then the property must be sold without fail, and the money received from its sale must be divided among the heirs in accordance with their shares.

This will happen if the State Duma of the Russian Federation adopts amendments to the Civil Code of the Russian Federation concerning issues of inheritance of real estate.

The period expected to be allocated for the sale of the apartment is 3 months. With the consent of all owners, the period can be extended to six months. If a buyer cannot be found during this time, the property will be sold at auction.

• The authors of the bill refer to international experience and believe that in this way it is possible to put an end to “family wars” for inherited square meters, as well as destroy the illegal schemes of “black realtors” to eliminate share owners.
• We will definitely monitor the fate of this bill and inform our readers about it; in this article we will consider the procedure for concluding an agreement on the division of inheritance, based on current Russian legislation.
• Attached to the article is a sample agreement on the division of inheritance, which you can download for free, adjust based on your specific situation and use for its intended purpose.

Procedure for concluding an agreement

An agreement on the division of inheritance can be concluded between the heirs by their mutual consent.

The current legislation does not establish rules regulating the content of the agreement concluded between the heirs. The requirements that must be met are as follows:

• it is not allowed to enter into an agreement that contradicts the law;
• the agreement must not violate the rights of heirs who do not participate in it, but who have a share of the property rights subject to division.

It is not allowed to conclude an agreement on the division of property containing real estate without receiving a certificate of inheritance. If such objects are not included in the inheritance, then division is possible even before receiving the above certificate.

Division of inheritance between heirs

Conditions for division of property included in the agreement

The text of the agreement lists the heirs who take part in its conclusion, indicates what specific property is transferred to each of the heirs participating in the agreement, indicating the value of the transferred objects. If the agreement provides for payment of compensation, its amount is indicated.

The heirs have the right to independently, when concluding an agreement on the division of the inheritance, introduce various provisions into it, with which all participants in the division of property agree:

1. On the transfer into the ownership of one of the heirs of all inherited property belonging in certain shares to all heirs. In the course of implementing this clause of the agreement, common shared ownership of this property may be eliminated.

2. About changing the size of the share of each of them.

3. Carry out a division of property in kind, without observing the proportionality of the price of the received part of the property and the heir’s share in the right of ownership.

4. Include issues of payment of compensation in the agreement or abandon it altogether.

5. Other provisions that the heirs deem necessary to include in the agreement.

Determination of inheritance shares

Registration of rights to real estate received under an agreement

Heirs who received real estate objects in accordance with the agreement on the division of inheritance must carry out state registration of the right to these objects in the Office of the Federal State Registration Service. Registration is carried out in accordance with the agreement on the division of inheritance. In this case, the heir presents a certificate of the right to inheritance, previously issued by a notary.

If before the conclusion of the agreement on the division of the inheritance, the registration of the right to the property was carried out, then only the agreement on the division is presented.

If the shares of the heirs received by them as a result of the agreement do not correspond to the shares that are due to them on the basis of the certificate of inheritance, this is not a basis for refusal to register the ownership of the received real estate.

Registration of inheritance for real estate

A sample agreement on the division of inherited property

1. The sample agreement on the division of inherited property presented to your attention was developed in accordance with current legislation and is most often found when dividing inheritance.
2. Agreement on the division of inherited property
3. (sample)
4. City N-sk, Moscow region, Russian Federation
5. The nineteenth of May two thousand fifteen

Division of inheritance by agreement between heirs

MIP Encyclopedia » Inheritance » Acquisition of inheritance » Division of inheritance by agreement between the heirs

The division of inheritance by agreement is applied out of court.

Content

Division of inheritance by agreement is used when there is a need to determine the heir's share in the property. According to the rules of law, the share is determined by a will or, in the absence of one, by law.

If there are several heirs, if there is a need and opportunity to change the size of shares in the inheritance, this can be done using a special agreement.

An agreement is drawn up in the form of a notary.

The provisions regarding the agreement on the division of inheritance are contained in Article 1165 of the Civil Code of the Russian Federation.

A division agreement is an agreement concluded between participants in shared ownership, aimed at determining the shares in the property that constitutes the inheritance.

Also, the purpose of concluding this agreement may be the allocation of specific property to certain heirs or the payment of compensation to more than two heirs. The concept of an agreement is formed on the basis of the provisions of the law that determine the terms and procedure for concluding an agreement drawn up by a notary.

Terms of agreement:

• composition of the property from which the share is allocated;
• the price and quantity of property that is divided by agreement;
• the time frame within which property is allocated and compensation is paid;
• order and procedure of allocation;
• the amount in value of the shares that are allocated by agreement.

According to the law, the most significant conditions will be the following:

• the time frame within which compensation is paid;
• amount of compensation;
• property that is divided according to the agreement and its value;
• shares that are provided to the parties to the agreement.

The division of inheritance by agreement between the heirs requires agreement on the moment of implementation of the preemptive right - this is necessary for the heir to acquire the right to property.

Conditions for dividing inheritance by agreement

The heir may demand that a certain share of the inheritance be allocated from the common property. If agreement cannot be reached, the heir can go to court - in this case, the division agreement is not signed. The conclusion of an agreement is the basis for the termination of the right of shared ownership of a general nature. This document is the result of reaching a peace agreement on the allocation of a share of property.

An agreement on the division of inheritance is signed between the heirs in order to allocate shares of property out of court, by agreement of the parties. This requires the consent of all parties to the contract.

Property that is an inheritance, from the date of opening of the inheritance, is transferred to the shared ownership of the persons who accept this inheritance. The exception is when the property is transferred:

• according to the will to the heirs - in this case, the will indicates exactly what property is transferred and to whom according to the last will of the deceased owner;
• the only heir.

Main requirements for the agreement:

• the contract must not violate the legal rights of any heir who has ownership rights to a share of the property;
• the agreement cannot contradict the law;
• an agreement cannot be concluded that concerns real estate if there is no certificate of inheritance.

When concluding an agreement, it is necessary to indicate certain provisions in the text:

• parties of participants who sign the document;
• property that is divided by agreement;
• shares allocated to each heir;
• the amount of compensation, if its payment is provided.

Main terms of the agreement:

• instructions for the division and allocation of shares of property;
• indication of compensation or refusal thereof;
• division of property in kind, value of property;
• instructions on changing the shares of the heirs;
• evidence of the fact of transfer of certain property to a specific heir with the likelihood of eliminating common shared ownership of this property.

Features of the division of inheritance by agreement

An agreement on the division of inheritance is a document that is signed by the notary by the heirs and indicates the voluntary, peaceful division of property that is in common shared ownership, with the allocation of shares of the property and its transfer to a specific owner out of court.

Based on this definition, the features of the division of inheritance by agreement are:

• voluntary nature of property division;
• compliance with civil legislation;
• the contract cannot relate to real estate if there is no certificate of inheritance;
• the agreement concerns the change of shares by the heir in the common property;
• the agreement can be signed if the owner did not leave a will and there is more than one heir who came to an amicable agreement;
• the document must indicate the fact and amount of compensation if it is paid to one by the heirs when the share in the inheritance changes. The size of shares, a list of property to be divided, and the procedure for division are also indicated.

Form of agreement on division of inheritance

An agreement on the division of inheritance by agreement with a change in shares in the property that is an inheritance is drawn up and signed by a notary in writing, according to the sample.

The document states:

• the parties are heirs who divide the property according to the agreement;
• property that is subject to division. It is worth considering that real estate cannot be divided by agreement if there is no certificate of inheritance;
• the property that goes to each of the heirs is specifically indicated;
• the value of the property that is divided between the parties.

The agreement confirms the fact of a change in shares in the inheritance.

The contract may agree on the need to pay compensation to one or more heirs, or a waiver of compensation may be approved.

The heirs can add other clauses to the agreement that they deem necessary, if these provisions do not violate the law and the rights of the parties to the agreement.

Sample agreement on division of inheritance between heirs

A sample agreement on the division of inheritance provides a plan for filling out this document with a notary.

The following information is required:

• date and place of signing;
• information about the parties to the agreement (full name, date of birth, passport details, registration address);
• the person who issued the right to inheritance and the method of inheritance (name of the notary, document number);
• a list of property with accurate, detailed characteristics and cost;
• the rule of law according to which the agreement is signed;
• what property goes to which of the heirs;
• amount of compensation or refusal of it;
• confirmation of the agreement with signatures.

The document is signed and certified by a notary.

„

Hello! My father has died, is it possible to divide the property between the three heirs by mutual agreement, if the apartment is under mortgage and there are two more cars? Leave the apartment to the wife and father, and the cars to the two children

“

Daria14.03.2022 10:27

Agreement on division of inheritance

An agreement on the division of the inheritance and on the allocation of a certain share of one or a number of heirs from the inheritance must be concluded by the heirs after they receive a certificate confirming the right to inheritance, if this concerns real estate. The existing division agreement, as well as a certificate of inheritance rights, allow the heirs to register their own right to property, including real estate, in the manner established by law.

If, when dividing the inheritance, the heirs, when concluding an agreement, indicate the distribution of shares, which differs from the data in the certificate of inheritance rights, this will not be an obstacle to the subsequent state registration of their rights to the testator’s property.

Property that is in common shared ownership of a certain number of heirs is divided by their agreement in accordance with paragraph 1 of Art. 252, paragraph 1, art. 1165 of the Civil Code of the Russian Federation, and if an agreement is not reached - in the manner determined by the court (clause 3 of Article 252 of the Civil Code of the Russian Federation).

Form of property division agreement

An agreement on the division of inheritance, regardless of the composition of the property (real estate, first of all), is concluded in writing .

Based on the wishes of the heirs, this agreement can be certified by a notary (mandatory for real estate).

As a rule, an agreement on the division of property is concluded in a notarized form, the disposal of which requires the presentation of relevant documents.

Agreements for the division of an inheritance that includes such property, as well as an agreement for the allocation of a share from an inheritance containing real estate to one (several) heirs, may be concluded by the heirs after the issuance of a certificate of inheritance rights.

Procedure for concluding an agreement

The Civil Code of the Russian Federation provides for a certain procedure for concluding an agreement on the division of an inheritance that includes real estate objects.

Since the division of the inheritance between the heirs by agreement may not correspond to the shares due to them, which are indicated in the certificate confirming the rights to the inheritance, the Civil Code of the Russian Federation contains a rule that specifically addresses the departments that carry out state registration of real estate.

The law does not limit the freedom of contract in this case and will allow the heirs to agree as they see fit, but under certain conditions :

• Real estate can be divided with certificates from a notary (clause 2 of Article 1165 of the Civil Code of the Russian Federation). This restriction does not apply to other things .
• The rights of the testator's unborn child must also be protected . A child already conceived, but not yet born, cannot be a subject of law, and therefore cannot have the right to this inheritance. However, his interests, as a potential heir, are protected by law after birth. An agreement on the division of inherited property - with his participation, but before his birth - is void.
• In an inheritance that provides for an obligatory share of other persons (incapacitated and minors), it must be strictly taken into account when concluding an agreement.

The agreement, as a document, will be the basis for changing ownership of the objects listed in it. From which it follows that everything must be written down and formalized in it in a legally competent manner and ambiguities must not be allowed . This agreement is best concluded after the six months required when entering into inheritance rights and before receiving a certificate for it. Then you can divide the real estate without fear of the possible appearance of other applicants.

The agreement document should consist of the following blocks.

• Full name of the agreement on division of property by inheritance; all information about the heirs (passport, full name, address of residence).
• An indication of the certificate issued by a notary, with a brief disclosure of its essence (list of property and debts, in what shares).
• What is passed on to which of the heirs, and whether anyone compensates anyone with money, and how debts are divided.

Registration of rights to real estate after concluding an agreement on the division of property

An agreement on the division of the testator's property, if it includes real estate, can be concluded by the heirs only after the issuance of a certificate of right to this inheritance. This agreement is in writing and notarized .

In accordance with paragraph 2 of Art.

1165 of the Civil Code of the Russian Federation, registration of the rights of heirs to existing real estate, in relation to which an agreement on the division of inheritance has been concluded, occurs on the basis of the division agreement and the issued certificate of the right to inheritance . If the registration of rights to real estate was carried out before the conclusion of the agreement - in accordance with the existing agreement on the division of inheritance.

Example

The group of heirs who accepted the inheritance had an internal conflict of interest due to disagreements over the shares of the inheritance, which included real estate. As a result, one of the heirs renounced his share in favor of the other heirs, about which he drew up a special statement.

The remaining heirs entered into an agreement among themselves on the division of the inherited property with a precise indication of their shares and taking into account the distribution of the share of the abandoned heir among them. This agreement must be certified by a notary, who certifies their good will.

Conclusion

• An agreement on the division of inheritance, regardless of the composition of the property, is concluded in writing .
• Agreements for the division of an inheritance that includes real estate, as well as an agreement for the allocation of a share from an inheritance containing real estate to one (several) heirs, may be concluded by the heirs after the issuance of a certificate of inheritance rights.
• The Civil Code provides for a certain procedure for concluding an agreement on the division of an inheritance that includes real estate .
• An agreement on the division of the testator's property, if it includes real estate, can be concluded by the heirs only after the issuance of a certificate of right to this inheritance .

Agreement on the division of inherited property

As follows from the norms of Art. 1164 of the Civil Code of the Russian Federation, in the event of a transfer of inheritance to two or more persons, it is considered common shared property. Until the division of property occurs, it will remain in common ownership.

The agreement on the division of inheritance corresponds to contractual relations. When concluding it, the principle of freedom of contract , since no one can force the preparation of this paper. The heir himself may completely abandon the inherited property, or if mutual agreement on division is not reached, the court may resolve the dispute.

It should be noted that if one of the parties to the contract is incompetent due to not reaching 14 years of age or for other reasons, their legal representatives must participate in the transaction on behalf of their wards. If one of the parties to the contract has limited legal capacity or is a minor (14-18 years old), then the written consent of the representatives is required.

In the case where the ward and his representative are heirs of the same estate, the guardian/trustee does not have the right to enter into an agreement on behalf of the ward in relation to himself.

An agreement on the division of property can be concluded only after 6 months from the date of opening of the inheritance, when all legal successors have been identified and there should be no other claimants for the received object.

Depending on the specific type of property received, there are several types of agreement :

• oral;
• simple written;
• notarized.

The first type is practically not found in everyday life, since it is subject to use in the presence of property, the value of which is no more than 10 times the minimum wage. Of course, inheritance of such a sum is unlikely, but since the agreement is a contract, such a clause had to be voiced.

A simple written form applicable to the division of movable property, regardless of value. The subject of the transaction can be either a car or luxury goods (precious jewelry, etc.). Notarial form, suitable for dividing real estate, as well as shares in the authorized capital and shares in the share capital of economic cooperatives.

Notarization is necessary for Rosreestr, which will not register the transfer of property without certification. And in the second case, the form is required to be presented to the tax authority.

Contents of the inheritance division agreement

In civil law there is no rule specifying the content of the agreement . The parties to the agreement have the right to determine the provisions of the document themselves; the law does not determine the essential points or structure of the agreement. The main condition for the validity of the agreement is compliance with the rights of third parties and not contradicting the law.

The parties to the transaction may change the size of the share due, give all the property to only one heir, provide compensation in monetary terms, or refuse compensation. Any decision regarding shares will not contradict the law; disproportionality cannot serve as a basis for the invalidity of the contract .

The will of the testator, in this case, will also not be violated, since the person who received the certificate of the right to inheritance actually becomes its owner. He has the right to sell, exchange, or donate what he has acquired; there is no framework for the sale of property.

The heir who was a co-owner of the testator in the subject of the inheritance mass has the right to receive this thing on account of his share. This is what Article 1168 of the Civil Code of the Russian Federation says, and it does not matter whether he used it.

Citizen Petrov G.N. and citizen Petrova A.S. are the owners of the apartment. At the same time, the spouses did not live together, but the home was purchased during the marriage and it was not officially dissolved. G.N. Petrov lived in the said property. and his mother Petrova S.L.

After the death of Petrov G.N.

, the heirs of the said apartment and the house donated to the testator during his lifetime were the mother and wife. Both persons began to have the right of common shared ownership. By agreement, it was decided to give the apartment to the wife and the house to the mother of the deceased. This decision is the most correct, since the apartment should belong to A.S. Petrova.

, in view of her joint ownership, and the house accordingly passes to the mother. In addition, it is not considered joint property.

Another priority right belongs to the heir, who, although not a co-owner , constantly used the property, provided that none of the other heirs was the second owner of this property. This paragraph is applicable, for example, if one of the children used the testator’s car, but the other heirs did not. The use must be lawful and in the personal interests of the person who used the property.

If all the heirs constantly used the inherited property, then no one has a preemptive right .

It should be borne in mind that all of the above priorities are not mandatory; they only help distribute the inheritance.

How to draw up an agreement on the division of inherited property

To enter into an inheritance, the successor must come to the notary at the place of residence of the testator, within 6 months from the date of opening of the inheritance (death of the citizen) and write an application to receive a certificate of inheritance. After the six-month period, the heirs, having received a certificate of inheritance, can draw up an agreement on the division of common property .

If the deadline specified above has been missed, then it can be restored by contract, having received appropriate consent from the persons who entered into the inheritance. It is logical that the document is concluded only with the consent of all heirs in whose joint ownership the inherited property is located. In the absence of such permission, you will have to go to court.

If the certificate has not yet been issued, then only movable things and property rights/responsibilities can be divided; in such cases, certificates are issued separately.

The division of property may be suspended in the case of a conceived but unborn child of the testator.

Since a person’s legal capacity arises at birth, an unborn child, as a result, does not have it and there are no grounds for distributing the inheritance in relation to him.

Only after his birth can the division of property left by the testator be continued.

The concluded agreement is a document on the basis of which the right of ownership and disposal of property arises and the transfer of rights and obligations of the persons participating in the transaction is carried out.

At the same time, the person who received the inheritance can also refuse it within 6 months from the date of receipt.

Since the division of property is carried out in the form of an agreement, if it is not fulfilled, the other party may demand that the agreed actions be performed.

Settlement agreement on the division of inherited property

If you cannot reach mutual agreement on the division of the inheritance, you should go to court. His decision will be binding. The decision of the state body comes into force after a month. When an act is appealed, the court decision of the second instance comes into force immediately.

As a rule, the allocation of a share is carried out by providing property in kind, but there are cases when this action is impossible .

The reason may be a violation of integrity and significant damage to property. In such a situation, with the consent of the person to whom the inheritance is to be granted, compensation may be paid.

In case of refusal, the proposed solution is not enforceable.

Only the court has the authority to deviate from this rule and oblige all participants to comply with the decision. That is, oblige one heir to accept compensation, and the rest to pay it. But this action is possible only if there are 3 conditions that occur simultaneously :

1. The share of the participant in the disputable situation is insignificant.
2. It is impossible to isolate it in nature.
3. The use of common property is not of particular interest to the retiring owner.

A statement of claim may be filed in court within three years from the date of opening of the inheritance. The initiator of the litigation can be any heir.

If one of the parties has a representative, then he can enter into a settlement agreement only if he has such authority in the power of attorney.

Independent resolution of the dispute takes place only in the process, before the court makes a decision, at any of the meetings. The settlement document contains the conditions for its execution and deadlines.

The court approves the transaction if its provisions do not contradict the law.