Agreement on the effective division of total shared property (model)

In order to divide the land that is owned by more than one person, it is necessary to follow a certain procedure, one of which is the agreement between the parties on the division of the land and the cessation of the share of the property.

What is required to terminate the equity property

Common ownership of land is the most common result of inheritance; co-owners can easily use such land without paying their shares in kind; but sometimes it is not necessary to separate a portion of the property that is owned; and most often, the question of the actual division of land arises from the sale or other legal action with the land.

In order to separate such real property, it must be verified that the procedure is feasible.

1. At the time of determining the size of the allocation, officials must be guided by the law in force.
2. The land area shall not cross the boundaries of built-up areas.
3. There should be no burden on the plot, otherwise the land should not be divided.
4. It will also not be possible to divide the area if there is a shift of boundaries or a poor use of the floor.

If the land under the division is smaller than permitted, the procedure cannot be carried out; therefore, the parties need to stop the division and resolve the problem in a different way, e.g. by entering into a sales contract, etc.

Agreement

There are a number of ways in which you can divide a property that is in common share ownership; the co-owners can either apply to a court of law or agree on and conclude an agreement on the division of the land and the termination of the joint property; this document confirms the mutual decision of the owners on the division of the property; a certain form of agreement has not been established; therefore, it is drawn up in a simple written form; a model of such a contract can easily be provided by any lawyer; but the law still imposes certain requirements on this document, which it must contain:

1. The exact data of the owners of the estate.
2. The address at which the precinct is located.
3. Cadastral number.
4. Information on the size of the parties ' shares.
5. Data on which owner is taking over all registration costs.

The certificate: an agreement to terminate the equity property may not be certified by a notary, since the law does not require it, but it is better for the parties to draw up and sign the present contract with the notary.

Parting the house

The joint ownership and division of the land can be difficult if there are other real estates; the fact is that certain properties are not subject to division under the law, and this is particularly true of dwellings; from a legal point of view, it is possible to divide any house and to formalize the property rights of several owners.

But in fact, such a house can be divided if it meets certain requirements; for example, each owner must have his or her own entrance, etc.

Therefore, when property in equity is divided, it is often necessary to remodel.

This is due to a large number of bureaucratic procedures, as such accommodation requires access to the BTI and new technical documentation.

Preparation of section

It is recommended that an agreement on the termination of ownership of the land should be drawn up after certain stages of the separation procedure have been carried out. To begin with, the owners should do the following:

1. Formalize the cadastral plan for the joint site and obtain a number if not done earlier.
2. Order an examination that will confirm that the boundaries are not in contact with other areas.
3. Conduct surveying.

There is also a need to interpolate the property, especially if the owners lack certain documents in order to obtain a division, and to do so, contact the relevant organization, whose specialists will check the total area of the property and the rest of the details of the site.

The presence of the owners or their trusted persons is required during the course of the separation; if it is necessary to avail themselves of the assistance of a trusted person, a notarized document will be required; and a certificate will be drawn up at the end of the course, which will then be required for two separate items.

A mandatory part of the section is the assignment of different addresses to new sections, for which the owners should contact the urban authority and submit the available documentation, including the division agreement.

1. Statement of entry.
2. Owner's personal documents.
3. Technical papers.
4. The papers that confirm the assignment of the new addresses.

In Rosreister, all these documents are carefully checked and the new sections are then registered, usually taking no more than 10 days, and the owners then obtain cadastral passports for their own properties.

They are necessary for the registration of property rights, which is also carried out in Rosreestre, and for this purpose the owners pay the Ministry of the Interior and file an application.

The final step in the division of land in common share ownership is to obtain a certificate of ownership.

If it is necessary to divide the land by determining the size of the share, it is not difficult, especially if it is done by mutual agreement; there is no need to go to court and go through a lengthy procedure; it is sufficient to draw up an agreement and make all the necessary documents; the termination of such an agreement is not envisaged, since the division will still be implemented by a court decision.

Agreement on the division of land between owners (model) 2023

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The difference between the owners of the land that leads to the division of the land may not always be decided by a court of law; and if the owners remain in a neutral relationship, they may agree on a peaceful division of the land.

The voluntary division of the property in the equity property has a number of advantages:

• Speed.In a few days, it is possible to register property in new shares;
• Savings.The voluntary division of land will be cheaper than a full trial with expertise, legal counsel and many other problems;
• The ability to settle all the conditions on your own.The court is limited by law, but the parties may agree on anything, up to the provision of a portion of the car or other property in lieu of the value.

In any case, the options for voluntary separation should be considered first; then, if no agreement has been reached, it is possible to go to court and demand a compulsory division of the precinct.

How to make a proper land-sharing agreement between owners

A contract for the effective division of land shall be drawn up in a simple written form between all the owners of the land.

If the property is owned by more than one person on the basis of joint or joint equity ownership, it cannot be divided without the preparation of the said document.

However, the following actions must first be taken before the agreement can be drawn up:

• The owners must determine how the land will be divided, namely, which shares and shares, and the establishment of the boundaries of the newly created plots is also an important issue.
• The parties also need to determine the legality of such a section, given that not every real estate is to be divided.

Please find out more about indivisible plots of land.

Which areas can be divided?

Most of the separation restrictions are related to the purpose of the site or its form of ownership.

For example, under the division, each newly created surface should have the same function as the original site ' s original assignment.

For example, if primary real estate was used for agricultural purposes, the newly created parts should be used for that purpose; similar rules would apply to the division of urban plots.

In the case where an auxiliary household is the target, the size of the site is determined by the local authorities by signing local regulations; in the absence of such documents, the division of the property to be divided is carried out in accordance with the regulations laid down by the rules of land use and construction.

Thus, the requirements for the land area to be divided can be described as follows:

• No obstacles to access to neighbouring areas;
• The possibility of division of real estate due to the absence of a lease or public easements;
• The immutability of the original purpose of the new plots;
• The absence of any restrictions on such restrictions, arrest or prohibition of the use of land;
• The minimum size of each of the newly established sites does not conflict with the minimum established by the legislation in force.
• The property produced has independent access to public spaces such as roads, exits, etc., thus not restricting the rights of owners of neighbouring real estate.
• The boundaries of newly created immovable property do not cross forest and forest areas.

MANAGEMENT: Theoretically, it is possible to change the purpose of the plot, but only after the division; by agreement, it is not for the parties to determine for which purposes the owner plans to use part of the land in the future.

Example: The associates of Ivanov and Petrov, who own a land plot of 1.2 shares each, have decided on a real division of the plot, the land was previously inherited after the death of the father, and the necessary cadastral work has been carried out and the boundaries of the new plots have been determined.

They had a long-standing application to change the allocation of land to individual housing.

What do you write in the division agreement?

An agreement on the voluntary division of land between owners should contain the following information:

• Personal data on all owners of divided real estate (FIO, place of residence, number and series of passports);
• Information on shares held by each partner;
• Requisitions of EGRP ' s record of land title, grounds for its occurrence;
• Location of the land shear;
• Station inventory number;
• The method of division of real estate approved by all owners;
• Evidence of consent to the division of property provided by all parties to the agreement;
• The procedure for the termination of common equity property after the State registration of new properties is carried out is reflected;
• The absence of third-party encumbrances on the site, as well as bail or arrest, is indicated.
• The moment when the right of ownership of the fissile loin arose;
• Determination of the manner in which the costs associated with the division of property are paid;
• Grounds for the entry into force of the signed instrument;
• Obligations to carry out all the actions stipulated in the agreement;
• Place of agreement;
• Date of certification of the document and signature of all parties to the transaction.

Model land-sharing agreement 2023

Each case of division of land is purely individual. You can try to produce the necessary documents on your own, but you better entrust them to experienced lawyers.

The following model agreement can be used for information and self-drafting of the agreement. Remember that an incorrect agreement will not be accepted by the Rosreestra service in the event of a change of ownership!

Pick up a sample of the agreement

Whether the agreement is notarized

The law does not regulate a direct rule that requires owners to notarize an agreement.

However, such action would not be unnecessary if either party changed its opinion and abandoned the deal, which would help to avoid lengthy litigation.

The parties may also require a notarization of the transaction in the event that the procedure for the settlement of the rights under the agreement is postponed for a long time.

Any of the owners of the land is entitled to apply for a notary certificate of the agreement to be concluded.

To date, such a document is subject to State registration in Rosreestre and to cadastral registration in the relevant cadastre unit of Rosreestra.

However, a signed agreement on the division of real property is subject to mandatory certification at the territorial office of the administrative authority located at the location of the divisional section, which is responsible for carrying out the said activities.

Procedure for registration of a division agreement

The land-sharing agreement is not subject to State registration separately, but it is included in the list of necessary documents to be submitted to the Rossreest authorities for the registration of ownership of the newly created land, for example, the following documents will be required for the procedure:

• Identification documents of all owners of the property;
• Application for the placement of a plot in the cadastre and registration of property rights in newly created land holdings;
• Local administration ' s opinion on the assignment of addresses to new sites;
• Intersection plan;
• Real estate owners ' agreement on its division;
• Documents confirming the ownership of the divisional lounge;
• Confirmation of payment of State duty (at will).

Before applying for registration of the transfer of rights under the land-sharing agreement, it would be better to consult with an experienced lawyer; he would indicate the main composition of the documents and help determine their list; it would also be desirable to ask the representatives of Rostreestra at your place of registration.

Agreement costs

The State registration of property rights to new properties requires payment of the State Ministry.

The obligation to produce a receipt is not covered by the legislation in force but is preferable.

This is due to the fact that, in the absence of information on the payment of the said tax in the State Information System, a package of documents may be returned to the applicant in the course of five days.

Additional costs may also be required for the removal of copies of documents.

In general, as compared to court proceedings, the division of the land by agreement is cheaper than compulsory proceedings.

We need a lawyer.

The advice of an experienced land lawyer will inevitably be required during the preparation of the draft agreement and the collection of all necessary documents. Do not delay or wait for problems – ask a lawyer right now free of charge and get a quick answer to your question.

• Due to the constant changes in legislation, regulations and judicial practice, we sometimes fail to update information on the website.
• Your legal problem is 90 per cent individual, so self-protection and basic solutions are often not appropriate and will only complicate the process!

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How can the house and land be divided into common equity property?

The joint property is different: in a marriage contract, in an inheritance, the property was originally purchased in a broken house or a land plot. How do you get out of the joint ownership? What if one of the participants opposes the allocation of a share in private, private property?

This article will explain in detail how to deal with such situations without violating the law.

Is it possible to divide the dwelling into shares?

A house in kind is divided between the owners when they want to separate their share of the common property.

The reasons are different:

• You can take credit for personal property. All owners must be authorized together;
• The desire to have personal property and to dispose of it at its own discretion: to sell, exchange, lease;
• Restructuring or reconfiguration also requires the permission of each of the participants; this is not necessary in case of separation;
• It's possible to run a personal household on a separate site.

The division of property into parts according to Russian legislation is possible in some way and according to the share in the total mass.

Order of division of the house into equity property

• The procedure for the division of the house and land in the total share of the property may be based on an agreement between the owners:
• 1.The scheme of the building identifies the desired area of exclusion;
• 2.A construction and engineering examination shall be carried out which shall determine whether the site is capable of being sequestered or shall provide its possible options for a section on the basis of:

• Shares of participants;
• Technical and regulatory requirements for the separation of premises and the allocation of separate personal premises: sanitation, kitchen, balcony; communications.

If there are difficulties in the section, the experts shall propose their decisions, with adjustments to the share and calculation of the amount of compensation.
Technical expertise is provided by BTI in the field and the separation of assets is shown in the building ' s passport;

3.The new agreement sets out the arrangements made for the division of property; if compensation is required, it is prescribed in the agreement; all shares are signed; notary participation is not required;

4.Registration of changes to the contract of ownership of the building or the estate in Rosreestre, and for this purpose the institution is provided with the following papers:

• Application for registration of each owner of the unit;
• Building/land title papers;
• Agreement on the settlement of part of the housing or land in question by number of participants in the total share and one copy for the institution;
• A notary ' s assurance is not required;
• BTI Tehpasport;
• Certifying documents of applicants;
• A trust certified by a notary if the attorney is in charge of the registration.

5.It's a bill to pay the money to the coffers.

Examination of house-to-house in kind

The technical examination of the division of the dwelling and land is mandatory and is ordered with a view to:

• Maximum correct distribution of property or land;
• Computation of compensation, which includes: the cost of machetes/ha, various repairs and maintenance and support works related to the reconfiguration; compensation is also payable when part of the equipment cannot be made available for technical or other reasons;
• To comply with building and safety standards in restructuring.

Self-involved changes in the building ' s design risked administrative and criminal liability.

An agreement to divide a dwelling in kind — a sample of 2018

The agreement between owners on the division of housing property in kind is a document stating:

• Total share of assets;
• Location;
• BTI passport number;
• The shares of each owner;
• Changes in shares;
• Amount of compensation payments and their calculation;
• The passport data of the stakeholders and their props;
• Signature of all owners;
• Date and place of detention.

This paper does not require notarization.

Model agreement on the separation of housing in kind

Statement of claim for the separation of a dwelling in kind between owners

If one of the equity owners refuses to fix a portion of the property, this may be requested by the courts, which requires the preparation of a claim form.

The statement of claim shall state:

• FIO of the plaintiff and defendant;
• Describe the current situation of ownership and equity;
• Indicate the substance of the dispute and the proposal for its solution;
• Request technical expertise.

Model application for the separation of a dwelling in kind

Segregate the house and the land into the common share of property — the law

The basic law governing the division of property and land is the Civil Code of the Russian Federation.

Judicial practice in the event of divorce is not possible to separate peacefully and there is no marriage contract, in which case the Family Code is applicable in determining shares. The procedure for the removal and separation of part of one of the spouses is carried out on the basis of the Civil Code of the Russian Federation.

The latest version of the Civil Code of the Russian Federation

The latest version of the Family Code of the Russian Federation

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A contract for the effective division of the home

Every co-owner of the common share of property has the right to demand the allocation of his or her share, which is based on the owner ' s right to dispose of his or her share of the property as a whole, not excluding the share of the dwelling.

In the case of shares made to one of the owners, common property rights for the other co-owners will not cease.

If, however, all participants were to speak of the issue, the common property should be divided into a division that would bring it to a complete end.

In the event of conflicts between the co-owners of the dwelling and disputes over the ownership and disposition of their right-to-own immovable property, the problem could be resolved in a different way.

The actual division of the house can be carried out through a contract for the actual separation of the dwelling in the event of a missing agreement on the division and it has not been possible to separate the house through the court.

The result of the contract is an agreement between the co-owners of the common equity property.

When there is no dispute between the co-owners, the contract for the actual division of the dwelling is certified as notarized; this type of contract for the actual division of the house comes when there is an actual division of the house and the ideal shares match the actual space occupied.

In such cases, the contract of division shall be issued only when the relevant permits are in place and the shares shall be transferred between the co-owners of the common share of the property of the dwelling.

In order to divide the house, it is undeniable that all owners must prepare the following documents in a peaceful manner:

1. Certificate of State registration of ownership.

& nbsp2. Materials of the technical passport of the dwelling.

The notary may request some other documents to form a contract for the actual division of the dwelling.

The result of this separation is the emergence of several separate properties and the house itself no longer represents a single property right, and therefore the record is excluded from the Single State Real Property Rights Registry (EGP).

State registration of real property rights is not granted the right to self-remove the record and create new ones; this procedure will require joint owners to claim to interrupt their ownership of the property and the emergence of a new set of facilities, a share of the house or apartment.

The basis for such an application is the court ' s decision on the division of the house or apartment in kind or the agreement of all co-owners of joint ownership.

The court ' s decision is appended to a copy of the application, and in the second case, all owners are simultaneously applying for changes to the record of State registration in accordance with the agreement reached between them; however, such cases are rare.

What is the correct course of action if the actual reconstruction or completion of the house has already been completed but has not been registered in accordance with the law and the house requires separation as soon as possible? In such a case, it is necessary first to file a claim for the recognition of the ownership of each co-owner ' s part of the property in the renovated building and then to demand its division. In the light of the judgement, each share of the house with the right to own the property will be registered and each share of the house with the right to own it will be registered. In order to successfully record the description of each share of the house in the court ' s decision and in a copy of the technical passport from the BTI, it should coincide.

It is also necessary to know that it is only by judicial decision that the Federal Public Registry, Registry and Cartography Service (FRF) will be unable to register ownership of the items submitted.

It is necessary to formally address the right holder and provide a legal package of documents with the addition of a court decision, a passport from the BTI, a receipt for the payment of the government service and some other documents.

Once a contract has been signed for the effective separation of the dwelling from the notary, a return visit to the BTI will be required to order a technical and cadastral passport for the part of the dwelling that the contract indicated to each owner.

The last instance to be visited by the co-owners of the residence is the Office of the Federal Registration Service.

The registration authority is provided with the relevant contract for the actual separation of the dwelling in kind in simple writing and the above-mentioned documents.

The contract is drawn up in writing, both simple and notary.

Therefore, the contract cannot be drawn up unless you have drawn up an actual description of the subject matter of the section (transactions), so the agreement reached in advance allows for an order to be made from the cadastral authorities for cadastral work that will result in the receipt of the cadastral passports of the parts of the house and the cadastral passports of the land created, the basis for the cadastral work and the right holder ' s referral to the cadastral authorities with the application and the required documents.

If you have any questions about the division of real estate, you cannot properly draw up a contract for the actual division of the dwelling, you can seek the assistance of the NP "Federation of Judicial Experts".

Qualified staff will assist in the preparation of all necessary documents, including a construction assessment and answer all your questions.

There are no minor matters in property matters, and disputes must be resolved on time and on a legal basis.

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Real house-sharing agreement (model) - Free online legal consultation

In recent times, couples have become popular in sharing real estate registrations, which is convenient since a husband or wife may claim parts of the common property both during the period of joint life and during the divorce process.

In the real division of real estate, for example, a private house, an agreement is made, and we're going to tell you what the requirements are for a document and how it's right to enter into a division contract.

Share property of a married couple

The common share of property includes the ownership of property when the owner owns a certain portion of it; the shares are equal and unequal; in our case, the spouses have the right to dispose of the joint property within the limits of their own share.

The property divided into shares is in the use of all owners; in other words, the husband and wife use and own them on an equal footing.

Domain property arises in the following cases:

• With the free will of the spouses;
• Involuntarily.

As a rule, the voluntary (contractual) emergence of the joint property is subject to the conclusion of the marriage contract or the acquisition of the facility, subject to the condition of dual ownership.

If no agreement has been reached between the husband and wife on the amount of the share, the matter shall be settled in court.

Share of property of spouses

As we have pointed out before, spouses can demand their own parts in both marriage and divorce. The division of private home building is not an easy procedure, as property is generally indivisible.

The best option is an agreement on the allocation of a part or a real division of the home; the actual division of the house can be made if:

• The issuance of a certificate is permitted by law;
• A division may be made without prejudice to property.
• The allocated portion of the home ownership is isolated or may be isolated after remodelling;
• The allocated portion corresponds to the proportion of the distinct owner.

• If the allocation of the share is preceded by the renovation of the house, the spouses must have the permission of the authorities prior to the restructuring and legalize it.
• Together with the section of the house building, the use of land, hostels and other premises located on the site is also changing.
• If a compromise is not reached between the spouses, the division of the house will take place in a court of law.

Agreement on the effective separation of the residential home

• F.I.O. parties;
• Real property data with: address, total/residential area, inventory number, hostels and other facilities;
• Evaluation information;
• The order of distribution;
• The agreement of the owners on the actual division of the facility;
• The information that the home ownership is not subject to punishment, is not taken away, is not on bail, is not arrested or is not disputed;
• Date, signatures of the parties.

The parties may include additional conditions in the contract, such as the use of hostels and the area adjacent to the home.

Model agreement for the effective separation of the home

Necessary documents

Together with the contract, the following package of documents is made available to the notary office:

• Civil passports of the parties;
• Cadastral documents on home ownership;
• Property title documents;
• a divorce or marriage certificate.

This list is not exhaustive, and a notary may require other documents.

Once the notary has confirmed the contract, the spouses register the ownership of the shares as separate objects.

If you are interested in matters relating to the statute of limitations on the division of property after divorce, read our previous article.

Agreement on the effective division of total shared property (model)

Main / Property Division / Real Housing Division Agreement (model)

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The concept of common share ownership is provided for in the Civil Code of the Russian Federation and includes joint ownership of property, in which each owner owns a given share; the shares may be equal or unequal; and the joint ownership may be ordered only within the limits of the share.

When does the joint property of the spouses arise?

Joint equity property may arise as voluntary, in accordance with the provisions of the Convention on the Rights of the Child and its Optional Protocol to the Convention on the Rights of the Child on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child on the Elimination of All Forms of Discrimination against Women on the part of States Parties to the Convention on the Rights of the Child on the Elimination of All Forms of Discrimination against Women and on the Elimination of All Forms of Discrimination against Women on the part of the States Parties to the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Elimination of All Forms of Discrimination against Women on the Elimination of All Forms of Discrimination against WomenThe will of the spouses is also enforced by court order.

In the former case, there is a contractual regime rather than a legal regime for the ownership of property (as provided for by family law).

• The spouses enter into a marriage contract (in such a case the contractual regime applies to the joint property of the spouses, under the terms of the marriage contract);
• The spouses enter into contracts for the acquisition of property on the terms of joint ownership.

In the second case, the court may establish a regime for joint ownership, for example, in proceedings for the allocation of shares from joint marital property.

Share of property of spouses

Every owner of a share of property has the right to demand and dispose of his or her share of the property at his or her discretion.

The allocation of shares may be made in a contractual and judicial manner.

If there is no dispute between the co-owners over the division of housing, they may enter into an appropriate agreement.

A real division of the home is possible if the house is actually divided into parts corresponding to the shares of the co-owners.

In the absence of compromise between co-owners, recourse to a judicial authority is possible.

After the separation of the dwelling by contract or court, the right to purchase the shares of the co-owners is lost.

How an agreement on the real sharing of a dwelling is being drawn up

An agreement on the effective separation of the dwelling shall be concluded between all co-owners, subject to agreement; the document shall be certified notarized.

The agreement shall contain the following particulars:

• F.I.O. co-owners;
• The object of the section is the address, general and residential area, land, economic structures (sarai, greenhouse, garage, bathhouse, etc.),
• Inventory data;
• Estimated value;
• The distribution of co-owners ' shares;
• Co-owners ' agreement on the division of the dwelling according to shares;
• The fact that the object of the section has not been sold, presented, not laid down, arrested, is not the subject of a dispute between third parties;
• Additional terms of the agreement (e.g. arrangements for the use of joint economic buildings, home territory, etc.);
• Date of the agreement;
• Co-owners' signatures.

In order to conclude the agreement, the notary must be provided with documents:

• Technical documentation for real estate;
• Law-making instruments;
• A certificate of State registration of joint ownership of the dwelling or an extract from the REM with registration data;
• Passports of co-owners;
• The certificate of marriage or dissolution of marriage (if the division of the dwelling is effected by the spouses of the co-owners);

In some cases, the notary may need additional documents to draft the agreement.

Once the agreement has been concluded, the owners of the housing share must apply to the BTI authority for the registration of the transport and cadastral discharge from the EGRN for each allocated share.

The final stage is the State registration of the property rights of the allocated shares in the Rostreestra body on the basis of the Agreement or the court decision on the effective division of the dwelling.