How to allocate a share in a privatized apartment

• More than half of all privatized apartments in Russia are statistically owned.
• The share is, however, the same as the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum.It's not a specific room, it's just a number of square meters..
• Therefore, their owners are not always free to dispose of their parts of privatized dwellings.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

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You can find out how the privatized apartment is divided between the former spouses in the event of divorce from our article. Read also whether the privatized apartment is jointly acquired property.

Understandable apparatus

However,Any action with a share in the apartment has certain features.In comparison with the disposal of an entire real estate object.

Any action with a part of the apartment is possible and strictly regulated by law, but their owners must be aware of some of their characteristics.

The nuances of action with the share in the privatized apartment are related to its legal status; the share is a legal concept that is tied to a particular place in the privatized apartment.

1. It cannot be fenced, and in some cases even demonstrated.In the room.
2. The share of an apartment is a certain number of square metres owned by a person, without being tied to a specific placement within a dwelling.
3. Read on our website how to give up a share in a privatized apartment in favour of children or parents, and how to share personal accounts in it.

How to allocate a share in a privatized apartment?

At the time of the privatization of the flat, each resident registered in the dwelling receives his/her square metres and the process is carried out with the mutual consent of all those registered on his/her application.

Domain property impliesEach tenant owns a certain number of square metres.The ownership and residence of the dwelling shall be in accordance with the voluntary agreement of the owners.

However, there may be different situations in the course of life, and one of the owners may needThe allocation of a share in kind to carry out the disposal transactionsThis situation involves several scenarios:

1. Under a voluntary agreement, a transaction is made by contacting a notary to enter into a contract to establish shares; the parties to the transaction are all owners of shares.
2. In court, if any of the owners disagree with the size of a certain part or with the separation of the apartment into shares in principle.

By default, the law of the Russian Federation provides for the division of the total living area into equal shares.

At the same time,Tenure property remains commonwhich is why the object remains indivisible.

Allocation of a share in kind

The process of allocating a percentage in the form of a separate room is a room or a separate room with a part of the total area.The following technical conditions must exist for the allocation of a share in kind:

1. Existence of an isolated space equal to the size of the space allocated to the owner.
2. The possibility of a separate entrance to the premises.
3. The possibility of dividing the technical premises of the apartment without prejudice to the apartment and affecting the interests of third parties.
4. The most common possibility is in private home ownership in single-story buildings. The provision of a room in an apartment in a multi-family house means that it becomes a communal building.
5. The person concerned becomes the full owner of a particular room and remains entitled to use common premises (sanusel, corridor).

In a one-room apartment, it's impossible to give a share in kind.In this case, the shares can only be perfect.

How do you transfer your share of the privatized apartment?

Transfer of rights to another person

How can a share of a privatized dwelling be converted to another shareholder? Once a share of the apartment is allocated, the owner can make any transactions to dispose of it. One such transaction is the transfer of property rights to another person.

• Under the rules of the exchange transaction (sales)The right of priority purchase takes effect.
• This means that the offer of purchase must first be obtained by the other owners of the shares.
• The exceptions are sales from public tendering.

The proposal must be received in writing by the co-authors.Declare intention to acquire a shareAn accomplice is entitled within one month of receipt of the notice of sale.

Transfer the right of ownership to another personIt's more appropriate to have a gift contract in place.The legal form of the transaction is required with the participation of a notary who needs to be contacted for the purpose of drafting the contract.

PreliminaryYou need to prepare a package of documents.which includes the following entries:

• A certificate of ownership;
• The passports of the parties to the contract;
• An extract from the home book;
• The cadastral passport;
• Authorization of guardianship authorities (if minors are involved in the transaction);
• The consent of the spouse (if the giver is married).

You have to attach two copies to all the documents. Once the contract of gift has been drawn up by a notary, you have to attach it to the package and go to Rosreister or IFC to complete the transaction.

1. The procedure must be attended by the giver of the share and the gifted person whose ownership is transferred to part of the real estate.
2. If the giver and the gifted are close relatives, the transaction shall be exempt from the payment of the tax.
3. After registration of the gift deal in Rosreister,the new owner of the share receives the certificate of ownership.

• The owner may apply directly to Rosreestre to transfer the right to share in the dwelling.
• Other owners ' consent is not required for a third party ' s transfer.
• At the same time, the co-owners ' consent will be required if the object of the transfer to another person is a share in a single-room apartment.

What's the recusal?

Can the share of the privatized dwelling be deducted? If the share of the dwelling is owned by former spouses or children and their parents, it may be necessaryGet some part in personal use.By taking her out on the other side.

It is not possible to resolve the issue of the peaceful transfer of the share in this case, so the individuals in the case will have to file a lawsuit in court.

The action is possible with the allocated share; therefore, if the procedure for allocating shares has not been carried out before, first of all, this is what needs to be done.It is necessary to file a complaint with the court.

A claim for the allocation of the share should be based on the right of ownership of the share in the apartment; if there are legitimate grounds for increasing the amount of the share due, they should be added to the claim.

There is also a need for technical expertise.To assess the possibility of allocating the disputed share in kind and to obtain an official opinion thereon.

Once all the documents had been collected, a statement of claim was made to the court; a qualified lawyer would be useful at the current stage in order to avoid the rejection of the application because it was not properly drafted.

An application with an annex and a receipt for payment of the State Ministry shall be filed with the court at the location of the property.

Upon acceptance of the claim, notice of the court ' s appointment will be received.The plaintiff has to substantiate his claimPersonally or through his or her representative (lawyer).

1. If the court ' s decision is positive, the plaintiff will be able toallocation of a share in the dwelling in kind or payment of monetary compensationThe Panel recommends an award of compensation in the amount of its market value.
2. The payment of monetary compensation will require a preliminary assessment of the site and the issuance of an expert ' s opinion on its cost.
3. Each transaction involving shares in a privatized dwelling may have its own characteristics and nuances, and the outcome of the case is directly dependent on them.
4. In order to ensure that everything is legally sound, the existing legislation must be carefully studied and strictly enforced in order to avoid unpleasant surprises.

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Allocation of the share in the apartment

The provisions on the allocation of shares in the flat are contained in article 244 of the Criminal Code of the Russian Federation, and it is important to distinguish the joint property from the joint property; spouses in a legal marriage, farmers ' farmers ' farmers ' compatriots and members of consumer or garden cooperatives may jointly own the real estate.

Everyone else may own the share of the property, and the spouses may share the property until they decide to make the share available to each member of the family.Lawyers at the Siane Law Center will tell and help to allocate shares in the apartment — please contact!

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The allocation of shares in the apartment can be made for a variety of purposes:

• Spent shares in the apartment to the spouse (former spouse);
• Spent shares in the apartment to a relative (brother, uncle, grandmother, etc.);
• Spent shares in the apartment to the children, etc.

Compared to the allocation of shares in the apartment, joint ownership has a number of significant disadvantages:

• The owner may register in an apartment someone, including himself, only with the consent of all other owners;
• The installation of household appliances or the ongoing or major renovation of housing may be carried out only with general agreement;
• All owners have the primary right of ransom, i.e., before placing their own share of the apartment on the general market, the owner must offer it to the rest of the participants.

It is simply not possible to rent or rent a share of the dwelling; first, the owner will need to obtain an agreement on the joint management of the property in question, on the manner in which the premises are used and on the allocation of a share of the joint property in kind, and this can only be processed by a court of law.

The owners may, without a court order, jointly lease the entire apartment as a single property, of course, if there is a written agreement between all of them; for example, if a share of the apartment is made to the spouse, he or she may rent his or her share of the apartment (room) only with the consent of the other owners (family members).

When the share of the dwelling is secured, the creditor may request that the share of the debtor be set aside from the common property in order to recover it. When the share of the dwelling is not available in kind or the other participants object, the creditor may request that the share be sold to the other members of the common property in order to recover the debt.

In the case law, property proceedings are very common, with former spouses, relatives, heirs, etc. especially the question of the share of children in the apartment and the share of the spouse.

How do you get a share in the apartment?

The following rules apply to the allocation of shares in the dwelling:

• In the event of divorce or the transfer of the allocated share in the apartment to one of the spouses, the amount of each spouse ' s share shall be determined; this shall apply to the spouses ' apartments privatized into joint property prior to 1992.
• The share can be allocated in kind in the apartment; to do so, there must be conditions, and each share allocated must have its own communication.
• If it is not possible to allocate a share in kind, the procedure for the sharing of property is determined; for example, each owner is assigned a fixed room.

From a legal point of view, the separation from the division is quite different, with an example of the share of one of the co-owners, but the joint ownership of all participants does not cease.

For example, when the apartment is owned by two owners, one of them may be allocated a share and the child may be allocated a share to secure ownership of the dwelling.

One way to identify the share in the apartment is to:

• Part of the dwelling may be separated in kind in proportion to the ideal proportion expressed in fractional or percentage form (e.g. 1/2 apartments, 30 per cent apartments);
• Through the payment of monetary compensation in the amount of the value of the share.

So the share in the apartment can be perfect or allocated in kind. In a three-room apartment, three owners own one-third of the property, which is the ideal share, and one room is the allocated share.

A single-room apartment may be owned by several owners, but the share of each cannot be set aside in kind and can only be perfect; regardless of whether the spouse ' s share is allocated or the children ' s share is allocated, their ownership rights will only extend to the ideal shares.

It's about allocating a share of the apartment in kind.

The owner's share of the privatized dwelling can only be allocated when it is technically possible to transfer not only an isolated part of the apartment, but also ancillary parts of the apartment – a toilet, a corridor, a kitchen, and a separate entrance.

If this is not possible, the court may, at the plaintiff ' s request, determine the manner in which the apartment will be shared.

At the same time as the share is allocated to the owner of an isolated part of the dwelling, he automatically loses his rights to the rest of the property in question.

Since it is not possible to make an isolated entrance in the apartment and to divide the kitchen with the corridor, the court most often deals with claims for a share or division of the apartment when each owner is given ownership of an isolated room and all the auxiliary premises are transferred to shared property, so that the child ' s share or the spouse ' s share may be allocated, but the common premises (kitchen, corridor, sanitation) will be shared by all on an equal footing.

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Since it is not always possible to allocate a share of the dwelling according to the ideal owner ' s share, often the owner ' s use of the space is larger than that of the ideal owner ' s share.

In such cases, the rest of the owners have the right to claim from him payment for a portion of the premises not owned by him; these payments are mandatory but do not constitute compensation, since the division of the dwelling in kind has not been made and there has been no change in the allocated shares.

• If the owner makes a claim to the court for a share in the dwelling in kind, but the amount of the share will be too small, the court will oblige the other owners to pay monetary compensation and the consent of the owner will not be required.
• Each particular case of such proceedings has many nuances, which only a very experienced housing lawyer can understand.
• In order to require a share in the dwelling of the child or a share of the spouse, the following documents must be collected:

• All legal documents for the dwelling;
• Copies of passports as well as documents confirming the relationship between the residents;
• Other relevant documents.

It is important to note in particular that the right to the allocated share of the dwelling means the automatic right to a permanent propiska; the right to a propiska does not depend on the amount of the share allocated; it is possible to write in the child ' s own allocated share of the dwelling up to the age of 14 without the consent of the other owners, but only on the condition that you and the child live together.

It is only with the consent of all the other owners that it is possible to purchase the allocated share in an apartment in order to prescribe a child.

Lawyers at the Siane Legal Center are readyto provide you with the necessary assistancethat is:

• Give you advice on your problem;
• They'll study your documents;
• Prepare legal analysis, complaints, claims, claims;
• They'll protect your interests in court.

Come to the consultation!8 (812) 917-90-91

You will receive advice from a real estate lawyer on the issue of housing shares and other complex legal issues, as well as:

• Our lawyer will conduct a full analysis of the documents you have provided and assess the likelihood of making a share of the apartment;
• We will prepare a legally sound proposal for the allocation of shares;
• Once the offer has been agreed with the client, we will collect all the necessary documents to file a claim for interest in the apartment;
• Your lawyer is in charge of the case before the court for the allocation of shares in the apartment;
• At the end of the trial, you are given a certificate of ownership of the allocated share of the apartment.

Trials are known to beaThere may be a very long period of time between owners of apartments, as each party ' s desire to obtain more results in such negative consequences as distortion of facts, document fraud, etc.

We guarantee you the quickest possible preparation of all the necessary documents for the court and the receipt of a certificate of ownership of the allocated share of the apartment.Call for help!

Service prices

It's possible to enter into a part-time payment contract.

• Depreciation of the contract of sale, gift, menath of 25,000 rubles.
• Recovery of damage after the Gulf of Housing 30,000 rubles.
• Relocation to non-residential/ non-residential premises into 45,000 rubles.
• The demand for accommodation from someone else ' s illegal possession of 35,000 roubles.
• Disputes over the price of ransom housing for public and municipal needs of 45,000 roubles.
• Appeal against the decisions of the General Assembly taken by the SCW by the managers of the 25,000 rubles company.
• Disputes over the provision of housing under social employment contracts of 25,000 roubles.
• Recognition of ownership by the courts of 30,000 roubles.
• Deregistration of 20,000 roubles.
• Evacuation from the apartment 25,000 rubles.
• Agreed 90,000 roubles.
• Allocation of a share in the apartment 15,000 rubles.
• Preparation of applications, claims, complaints and other 1,000 roubles.
• Preparation of statements of claim, objection of 5,000 roubles.
• Administration of litigation proceedings by the Housing and Communal Services at 20,000 roubles.
• Recovery of debts, damage to 20,000 rubles.

How do we get a share in the apartment?

In this article, we would like to consider how to allocate a share of the apartment, concerning the characteristics, timing and aspects of the procedure.

In such a case, it depends on who owns the property and who you want to dispose of the property.

If you wish to dispose of a part of the property that is entirely your property, a third person who is not your close relative, you would prefer to conclude a contract of sale.

It matters!If real estate is owned for more than three years, the income tax does not have to be paid.

If the property belongs entirely to you and you wish to dispose of your relative, it is preferable to enter into a gift contract, especially if the person is a close relative (mother, father, children, spouses, grandparents, siblings), in which case the income tax on the gift is not payable to the relative.

If you do not have the full share of your property, let other owners know in writing before selling their share, and ask them for your share.

Each case is unique and individual. Understanding the foundations of the law is useful, but it does not guarantee the achievement of results. The possibility of a positive outcome depends on many factors.

The allocation of shares in a municipal dwelling in kind is only possible if the allocated shares have separate entrances (exit), i.e. a room can actually be allocated; otherwise, it is not correct to speak about the allocation of shares in kind.

The procedure has been detailed above in terms of real estate shares.

If, however, it is possible to single out in kind, this is done in practice in the same way as in a residential home.

Spent some of the real-life shares in the residential home.

As indicated above, in order to allocate a share of real estate in kind, it is necessary that these shares have a separate entry as well as separate communications.

The procedure for making the shares shall be as follows:

1. Alteration, alteration of premises to create separate property (if technically feasible);
2. Preparation of a new technical passport for the new facility;
3. The conclusion of an agreement with other equity owners on the allocation of shares in kind;
4. Establishment of a new facility for cadastre and receipt of a new certificate of ownership.

How to allocate a share of the privatized dwelling

• The order of the share in the apartment is no different from the order of the share in the privatized apartment.
• In the same way, the owner of the property or part thereof is entitled to dispose of the property owned by him or her to any person of his or her own free will.
• The procedure and consequences are detailed in the section "How to allocate the share in the apartment".

Provision of a share in the apartment through court

Ask the lawyer a question.

The legal allocation of shares in the dwelling is possible if the property is jointly owned, most often the property of the spouses on property acquired during the marriage in the name of one of the spouses, but there is a need to deduct the share in the apartment and from the parents.

It matters!In such a situation, the allocation of shares is based on the division of the joint property of the spouses.

With the consent of both spouses, an agreement on the division of property or a marriage contract is sufficient; if one of the spouses disagrees, the division shall be made by a court; the application shall be filed under the general rules of the proceedings; the claim shall be supported by evidence of the acquisition of property during the marriage and the fact of the marital status at the time of the acquisition of the property.

In other cases, where common joint property does not arise under the law, it is not possible to allocate shares to the courts because in such a case the owner ' s right to dispose of his property is violated.

How to allocate a share of the apartment to a minor child

Here again, everything depends on the basis of the share, and if it's just your desire to give the child real estate, then it's a gift contract.

If the share is allocated on the basis of an earlier commitment to a share in the receipt of maternal capital, the allocation shall be made by filing a declaration with the Rostreest or the multifunctional centre, accompanied by a notary obligation and payment of a State duty.

How to Share a Child in a Mortgage Home

A share in fixed real estate can only be allocatedafterMortgage payments, or with the bank ' s consent before they are paid, however, are very rarely accepted by banks, as this means that borrowers change their mortgage contract.

It matters!So if you want to give the baby a share, you should wait for the loan to be paid.

Separately, I would like to draw attention to the procedure for registration of the transfer of ownership of the share; the application is submitted to Rosreest or a multi-functional centre, which is made up of a staff member of the receiving department.

It is necessary to have the original legal document, the contract of sale, the gift or other instrument of allocation of the share, the receipt of the payment of the State duty (at present 2,000 roubles).

State registration takes place within 10 working days, and after registration, you obtain a certificate of ownership for each of your shares.

So, in this article, we looked at the nuances of the in-kind shares in the apartment and in the house, the order of the share in the privatized apartment, the court order, the percentage of the child, and the registration of the transfer of ownership of the share and the required documents.

ATTENTION!In view of the latest legislative changes, the information in the article may have become obsolete!Please write in the form below.

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