How to separate an apartment in shared property in a divorce

All property acquired during the marriage is their common joint property and, in accordance with the provisions of article 39 of the Family Code of the Russian Federation, the joint property is divided in half.

Distribution of property by law

Attention! The division of joint property may take place at the following stages:

• during marriage,
• At the dissolution of the marriage (can claim to be divided directly in the divorce suit),
• After the dissolution of the marriage.

There are two ways in which property can be divided:

• The drafting of an agreement in which the parties determine on their own how the division is to be carried out, in which property and in which proportion, the rights and legitimate interests of common children under the age of 18 and of third parties are to be respected.
• If the spouses are unable to resolve matters relating to the division on their own, the property will be divided by the courts.

In accordance with the legal provisions, property acquired during the marriage is common and may be registered with one of the spouses, which is irrelevant.

Part of an apartment bought in marriage but registered to a wife.

It may seem simple to divide property into shares because it is stated in real estate documents, and in reality each spouse has, for example, a separate room in an apartment, but it is not that simple.

The main difficulty is the sharing of property after the dissolution of a marriage; for example, if a two-room apartment forms part of the total shared value of the spouses, two rooms: 15 m2 and 11 m2 after the dissolution of the marriage, the ex-husband prohibited the wife from using the kitchen and balcony, thereby limiting the wife ' s property rights.

In which cases the equity dwelling is not divided

In certain situations, an apartment which is owned by the spouses cannot be divided; after the dissolution of the marriage, each spouse ' s share will remain unchanged.

The property is not a common joint property in a number of cases:

• The apartment was given to the spouses by the parents, in equal shares,
• The spouses privatized the apartment,
• The dwelling was purchased with the funds of the mother ' s capital, and parents and children received equal shares in it.

The spouses may decide on the separation of property independently by choosing one of the lines of division referred to above and by entering into an agreement.

However, if one of the spouses unilaterally refuses to comply with the agreement, it is difficult for the courts to prove ownership of the property in question.

How to Segregate a Shareable Apartment: Spilled

In practice, different options for the division of the apartment, which is part of the common property of the spouses, are applied, and the most appropriate option is determined on a case-by-case basis.

If the technical characteristics of the accommodation permit, it is permissible to select the shares in kind.

There was also the option of isolating certain rooms, setting up separate entrances; if a division in kind was not permissible, one of the spouses who received the apartment was obliged by a court decision to pay a second monetary compensation.

Allow a section in kind for the following real estate:

• flats located in low-storey houses,
• Private homes for several families,
• Apartment units with more than three rooms if there are appropriate remodelling permits.

The section is only applicable to those properties in which isolated premises can be built.

The division of the privatized apartment in the event of divorce.

Surrender to other property

It is permissible to transfer one spouse ' s share of the joint property to the second spouse ' s credit for the value of the other property; this is the case where the spouses share not only the apartment but also other shared movable and immovable property.

Thus, the spouse transfers the right to share in the apartment to another spouse in return, such as a machine or other property.

If the division of property is judicially effected, the spouses have the right to enter into a settlement agreement in order to effect a set-off, which is approved by the court.

Sale of assets with cash

If it is not otherwise possible to divide the property, the spouses may decide to sell the apartment; the money received is shared equally or otherwise.

Establishment of a regime for the use of common property with the maintenance of shares

If the above-mentioned means of separation cannot be applied for any reason, each spouse shall retain the right of ownership within the limits of the shares previously defined; the agreement of the parties or the decision of the court shall establish the procedure for the use of the common property.

Living arrangements are influenced by the characteristics of the dwelling, as well as by the priority given to the use of the dwelling, the payment of public utilities, etc.

As a rule, this option cannot be put into practice because of a conflict between spouses who do not wish to live together.

Look at the completed model of the housing agreement:

If a marriage contract has been concluded

1. To download the form of the marriage contract free of charge in Word format
2. In a marriage contract, spouses have the right to choose the regime of common share ownership instead of the common joint property, as well as to depart from the principle of equal share.
3. It is also permissible for each spouse to have a share in nature.
4. By means of a marriage contract, it is possible to regulate in detail certain aspects of the couple ' s life together.
5. The literacy of such a document contributes to the resolution of many conflict situations between spouses.
6. It is difficult to dispute the provisions of a marriage contract before a court, but only if a contract is concluded under the influence of threat, deception, blackmail or good faith error.

Look at the complete model of the marriage contract:

How do you divide an apartment bought with a mother's capital in a divorce?

Voluntary agreement

A joint property agreement is a two-way transaction between spouses; there is no specific regulation of the transaction in question and only general provisions apply.

The agreement should specify the following:

• Date and place of compilation, as well as details of drafters,
• the object of the section, its characteristics,
• How the spouses decided to separate the property: by providing property in kind, by credit or by paying monetary compensation,
• The process of transferring divided property to spouses,
• How the agreement enters into force, as well as other conditions.

It should be noted that the rights and legitimate interests of minor children of spouses should not be violated through the conclusion of the agreement.

Example: If the agreement of the spouses determines that the spouse loses the right to an apartment which is for her and her common child under the age of 18 years, the sole dwelling may be challenged by the guardianship and guardianship authorities or the procuratorial authorities, and the said authorities act in the child ' s interest.

1. Look at the completed model of the common property agreement:

Split through a judicial authority

If the spouses are unable to resolve the issue of the division of the apartment on their own, they should apply to the court, some of them applying for a share in the apartment.

Don't forget the need to pay the State duty when filing a claim; the action is brought before a court located at the place of the apartment which is the subject of the division.

The drafting of the document should be guided by the provisions of articles 131 and 132 of the Code of Civil Procedure of the Russian Federation.

To download a suit form to the court on the division of the joint property of the spouses free of charge in a Word format

Please include the following information in the statement of claim:

• The name of the court to which the claim is brought,
• information on each party (FIO, addresses),
• a description of the problem situation,
• the share in which the spouses own the dwelling,
• It should be pointed out that there is no agreement between the spouses as to the division of property as a basis for bringing an action before a court,
• The technical characteristics of the real property, its location,
• the requirement to make an in kind share of the dwelling or to divide the dwelling in another way,
• The relevant provisions of the regulations.

A number of documents should be attached to the statement of claim, namely:

• copies of the statement of claim by number of persons involved in the case,
• a receipt for the payment of the majesty,
• Documentation establishing and confirming the right to an apartment,
• estimate of the cost of the dwelling,
• a copy of the passport,
• A copy of the divorce certificate.

How do you split an apartment in 2023?

If you suddenly decide to divorce, have an argument with your relatives, or simply want to sell your share of the apartment, you will have to consider many nuances of sharing property.

To know how to legally divide housing, use our legal instruction.

How does the apartment share?

There are two types of joint ownership of real property:

1. The apartment is legally divided into shares and each owner has a certificate in his or her hands (since 2017, he or she has been replaced by an EGRP discharge).
2. Common property, which the husband and wife made during the marriage, is usually the property which the husband and wife made during the marriage, in which case the shares are not determined, since the spouses did not enter into a marriage contract or give a share at the time of the purchase of the dwelling.

It turns out that if housing is owned in equity, there's no point in allocating shares because they're already institutionalized.

But if you share the property, you can divide the apartment:

• By concluding a settlement agreement between the co-owners;
• By issuing a marriage contract;
• In court.

Agreement on the sharing of shares in an apartment

The simplest way to share a joint dwelling is to form an agreement between the owners.

This is most often the case in divorce cases, where the ex-husband and wife themselves determine the terms of the separation.

The document is more variable than the marriage contract, the terms of which are strictly regulated by law; it must clearly specify the property and the shares of each owner.

The apartment-sharing agreement specifies the size of the shares that will be allocated to each owner.

The document shall contain the following particulars:

• F.I.O. and the passport data of the parties;
• The subject matter of the agreement;
• Rights and obligations;
• Liability;
• Dispute resolution algorithm;
• Information on the entry into force of the instrument and the procedure for its termination.

An agreement signed and signed by the parties is approved by a notary, and only then shall each owner ' s ownership be registered with the Rosreestre branch.

To formalize your share, you have to collect and pass on to the registrar:

• Agreement on the division of the apartment;
• The technical plan and other documents confirming the division;
• It's a receipt from the government.

In addition to divorce, it is necessary to divide the dwelling into shares if it is purchased using maternal capital, and the shares are allocated after repayment of the loan or mortgage.

Joint property by agreement of the parties can be divided as much as possible, not necessarily in equal parts.

Marriage agreement

And if you have a marriage contract between them, there is no need for you to enter into a division.

The marriage contract is notarized and has legal effect both during marriage and after divorce (until all property disputes are resolved).

The marriage contract specifies the share of the property of the husband and wife that they will receive after divorce.

Through the court

If the co-owners are unable to agree peacefully on the division of the apartment, one way out is to go to court.

The claim is filed with the District Court at the location of the disputed apartment, the plaintiff being a citizen who is entitled to share in the apartment and the defendant is the other owners of the dwelling.

Pay attention!

The time limit for filing a claim is three years.

The statement of claim should state:

• The name and address of the court to which the application is made;
• F.I.O., address and contact details of the plaintiff and the defendants;
• The grounds on which the claimant requires a share of the common property;
• The date and signature of the applicant;
• List of annexed documents.

The claim must be accompanied by documents confirming all the facts described therein:

• Right-wing papers for the dwelling;
• Technical passport of the dwelling;
• The conclusion of an expert opinion on the possibility of dividing the property;
• It's a receipt from the government.

If the application is submitted by the applicant ' s representative, a copy of the notary power of attorney will be required.

Once the court has determined the shares of each of the owners, they need to be processed in Rosreister, only if you can legally dispose of your property.

Each owner is required to register the share allocated to him through Rosreister.

The court usually divides the apartment equally in divorce cases, but the law allows one of the spouses to pay the second monetary compensation and own the dwelling alone; the compensation must be equal to the value of the share to be purchased.

If you file a claim for a share in the joint property, you have the right to indicate the manner in which the property is divided and what share you wish to receive.

The allocation of a share of one of the owners does not terminate the rights of the other owners to the property.

However, two conditions must be met for the allocation of a share in kind:

• The room shall be insulated from the rest of the room and shall have a separate entrance;
• It shall comply with the prescribed sanitary standards.

Therefore, before an action is brought before a court, a technical assessment of the accommodation must be carried out, and it will answer the following important questions:

• Is it possible to give shares in this apartment?
• What is the total value of the property?
• Can the remodeling be done, and how much will it cost?

As a general rule, the division of housing in kind is applied by the courts only to flats of low-storey construction and large premises; in most cases, it is not possible to allocate a share of the dwelling, so the court usually determines the use of such accommodation.

Pay attention!

A single room or small apartment cannot be separated; for them, the court can only establish a general arrangement.

If there are more than one family living in the apartment, the owners can divide their personal bills into utilities, and the condition is that the property be a share.

Pay attention!

If one of the owners does not pay the bills within three months, the hot water in the apartment may be switched off.

How do you divide an apartment if it has one owner?

Sometimes it may be necessary to divide an apartment owned by one owner, for example, for the purpose of further selling the allocated share.

The law does not prohibit the owner of such acts, but only the general conditions of the division must be adhered to.

In the first place, you will need a technical expert ' s opinion. He must inspect the accommodation and tell you if a section is possible. For this purpose, the expert will analyse the area of the apartment, the availability of separate entrances to the rooms, etc.

As a matter of fact, all you need is a practical possibility, confirmed by the relevant technical opinion.

The separation of the flat from the sole owner is the same as in the case of several owners.

Sharing of shares in privatized dwelling

The way in which privatized housing is divided depends on three key factors:

1. Whether it is possible for the owners to agree between themselves or not;
2. Who was involved in the privatization;
3. Whether each owner ' s shares were determined in the conversion process.

In general terms, the share-sharing algorithm in a privatized apartment is as follows:

• Registration of property: Each owner issues his or her right to common property. If the privatization of the apartment has taken place since the end of the last century, the right of ownership may be joint (without allocation of shares). If later, the shares will be specified.
• A division agreement is being drawn up between the co-owners of the apartment, the document must be certified by the notary, and he must be given a privatization agreement for the apartment and an discharge from the EGRP.
• Determination of how to use a dwelling: Each owner and his/her family members also have a certain room or several rooms (based on the size of his/her share), which must be certified notarized.
• Separation of personal accounts: To do so, an application should be made and the right-setting documents for the apartment and the use agreement should be provided to the managing company; it is necessary to specify how many parts of the account should be divided.
• Application to the court: If you have failed to reach an agreement with all the owners of the dwelling, you will have to divide the apartment through the court, which requires filing an application with the district court where the dwelling is located.

After the court decision comes into effect, contact the management company for the separation of the personal accounts.

As much as you divide the apartment, whether voluntarily or in court, all owners have to process the changes that have taken place, so you have to file with the registration room:

• A statement on his behalf;
• Passport;
• A settlement or judgement;
• An extract from the EGRP and documents from the BTI;
• A receipt confirming the payment of the State Secretary.

If only one share is allocated, the owner will process his or her new property, and the remaining co-owners will change their ownership, in which case the size of the government is larger than the rest of the owner's.

Between relatives

In the case of privatization, an apartment is usually issued to all owners in equal shares, and there are no problems until the relatives decide to separate the dwelling.

It is unlikely that there will be a living space in which all rooms will have the same space; therefore, if each owner receives separate accommodation during the separation process, they will find themselves in unequal conditions.

Well, if it doesn't stop the co-owners from negotiating and making an agreement on the use of the apartment, otherwise we'll have to go to court.

In almost all cases, the division of the apartment between relatives ends in court.

Between spouses after divorce

In this situation, it is first necessary to determine whether the property in dispute is the property of the spouses, or not; only then can it be said that a share of each of them can be allocated.

If the apartment was owned by the husband or wife before the marriage was officially registered, it would be indivisible, and no matter how the property was obtained: privatization, purchase, inheritance, etc. If the apartment was purchased by the spouses themselves during their marriage, it could be divided.

The law permits the sharing of joint property at any stage of family relations:

• The marriage has been formalized;
• In the process of divorce;
• After the family ties have been broken.

All property acquired during marriage may be divided between the ex-husband and wife voluntarily or through a court of law.

The spouses may divide the housing purchased during the marriage.

In the period of marriage, the home is owned by the spouses in equal shares, but one of them may have a greater share if so prescribed in the marriage contract or in a court decision.

If only one spouse was involved in privatization, the second spouse would not be able to claim a share in the apartment; since privatization involves the free transfer of public housing to private ownership, it would not be considered the common property of the spouses.

The spouse will not receive a share in the apartment unless he has been involved in the privatization of the dwelling during the marriage.

What can be done with the shares after the division of the apartment?

After the division, you are entitled to sell, lease or give your share of the apartment.

Sale

If you want to make a sale, the law requires you to offer your share to the other owners first. The terms and prices will be the same as for ordinary buyers.

You can ask other homeowners to write a refusal to buy if you're in a normal relationship with them.

If your relationship leaves much to be desired, you don't have to meet with the rest of the owners personally – you can write each person a registered letter offering to buy your share.

Pay attention!

If no one answers in a month, you have the right to sell your share to anyone who wants it.

• A treaty shall be drawn up;
• The method of calculation shall be chosen;
• State duty is paid;
• The registration of the right is carried out in Rosreister.

Rental

If you plan to rent your share of the apartment, you have to remember that all owners have to make a decision like this. Before you get a lease, you have to get the consent of the other co-owners. If they don't want to give up their share, you can't.

The simplest way to give your part of the apartment to another person is to give it to someone else.

And when you have made a covenant, you will not have to offer your share to the other owners, nor will you have to wait for a month, but you will not be recompensed for what you have spent.

Pay attention!

If you're processing a gift from a relative, you don't need to confirm it from a notary.

Executive summary

Let us highlight the main points to be highlighted in the section:

1. The law divides common property into joint and shared property.
2. You don't have to share your share of property, because it's already been done for you.
3. A joint apartment may be divided into shares by agreement of all owners, by means of a marriage contract or by a court of law.

Remember, when you divide the apartment, it's always better to negotiate than to go to court, and it's going to take a lot of time, money, and energy, but if you don't, you're gonna have to get help from our experienced lawyers, and they're gonna make a good claim and they're gonna have the necessary documents for the court that will give you a chance to defend your interests.

How to separate an apartment in shared property in a divorce

Domestic legislation establishes three ways in whichShare property of the dwellingWhen the apartment is divided, each owner of the share must register his or her share of the property in Rosreestre. Legal transactions with the shares are also nuanced.

The joint property is the common property of the spouses and, when the property is divided, both spouses are entitled to receive half of the housing, as alleged in article 39 of the Criminal Code.

The husband and wife have the right to share a shared dwelling in marriage, divorce and separation, and they are able to divide the dwelling into shares at any time.

If the apartment is initially divided into shares, the separation process is simplified; for example, the legal documentation states that one third of the apartment is allocated to the spouse and two thirds to the man. In a situation where the couple decides to divorce, there will be no need to divide the apartment further.

The co-owner has the right to ask for the share of the common property which he owns, and this requires that the following conditions be met:

• Once the share allocation procedure has been completed, the dwelling shall not be deprived of the status of the dwelling;
• When the share of the dwelling is allocated, the dwelling remains technically suitable for the subsequent residence of the people;
• The procedure for allocation of shares does not reduce the cost of the dwelling;
• The allocation of shares does not result in the infringement of the rights of other co-owners of the dwelling;
• The dwelling is a shared immovable property.

These conditions are not met in all situations; for example, if a dwelling can be equipped with a separate entrance, kitchen and sanitation facility for each share, it will not be possible to do so in the case of an apartment; each co-owner may have one room, and the rooms must be non-tangleable and the same in the space.

The characteristics of the use of kitchens, sanitation facilities and other common premises shall be established in writing or on the basis of oral agreement.

Domestic legislation does not establish the maximum permissible number of shares for which an apartment can be divided; this is a matter for the owners of the dwelling to decide on their own; usually the number of shares is equal to the number of owners.

The split into shares should not result in damage to the apartment and to the house as a whole; the procedure for the division of the apartment would need to be agreed with the public services and with persons living in the neighbourhood.

In order to know whether a particular apartment can be divided into shares, it is recommended that spouses seek advice from a specialist who works in the construction and design field, and that his expert opinion should be taken into account when dividing the apartment and renovating it.

If the spouses applied to the court for the division of the apartment, he would also take into account the opinion of the experts.

If it was not possible to divide the apartment, it could be handed over to one of the spouses, while the other would receive financial compensation.

Another option is to establish a common usage of the flat.

If the spouses decided to draw up an agreement or a marriage contract, they would be able to divide the property according to their personal discretion, take into account each other ' s wishes, and prevent costly and lengthy court proceedings.

1. Marriage contract

The marriage contract defines the characteristics and nuances of the division of the apartment after divorce; it may be registered both before the registration of the marriage and during the marriage, but it will not be valid until the spouses have formally legalized their relationship.

The advantage of a marriage contract is to prevent property disputes and litigation in divorce.

By means of a marriage contract, the spouses establish a certain form of property regime - joint, shared, or separate - and other conditions - such as the use of the property, the characteristics of the division of the dwelling upon dissolution of the marital union.

2. Agreement

The agreement is a document that contains a list of the joint property of the spouses, as well as a version of its division in the event of a divorce. It will be necessary to prescribe the size of the shares, the manner in which they are used, the characteristics of the shares in kind, if possible.

Once the agreement has been drawn up, the spouses turn to the employee of the notary agency, who will confirm the document; the second step of the couple is to go to Rosreest and register the agreement.

3. Promulgation of the trial

In this situation, the interested party shall file a lawsuit with the court at the address of the defendant ' s residence.

The application shall contain the following particulars:

• Court information - name, location address;
• Information on the parties to the proceedings: IFI, in its non-restricted form, address of residence;
• If the spouses are with children, mention must also be made of the minors: FIO, date of birth, address of residence;
• Information on marital union: date of registration and dissolution of marriage;
• A list of common property, including the regime of ownership;
• References to the law-making documents;
• Request to divide the apartment with the preferred section;
• A list of the attached documentation, which confirms the circumstances specified by the claimant in his application;
• Date of filing of the claim, signature of the claimant.

During the trial, the court will examine the circumstances, the documentation provided, and hear the views of the plaintiff and the defendant, after which it will issue its ruling.

Judicial practice showed that, in standard situations, property was divided into the same shares; if any of the spouses remained underage children, the court would increase the proportion of that person.

In the event that the apartment cannot be divided into shares, the court shall transfer it to the property of one spouse; the person shall be liable for the payment of a second financial compensation in an appropriate amount.

Another common option is to transfer the apartment to the property of a single spouse with whom the children are left; for example, the wife becomes the full owner of the apartment.

She does not pay the former husband financial compensation, but does not have the right to claim alimony payments.

Once the share is allocated, the spouse is sent to Rostreestra to register the ownership of the share received.

• Claimants ' passports;
• A certificate, contract or other right-making documents for housing;
• Documents on the share of the premises (judicial order, marriage contract, agreement);
• A certificate from the housing authority;
• A receipt confirming the payment of the majesty.

The owner of the share is entitled to:

• Sell your share;
• To exchange it, to give it;
• Lease your own portion of the property.

Before a legal transaction is conducted, it will have to be agreed with the second owner of the share, and the latter has the right to purchase the share as well as the right to purchase it; if he is informed of the decision of the first owner to sell the share, he is entitled to issue the contract of sale unless the second owner wishes to purchase it.

Practice has shown that sometimes shareholders refuse to be notified.

In this case, it is recommended that a specialist of the notary agency be contacted for a notification, which should then be sent through Russia ' s mail with a registered letter of service and an inventory of the deposit.

Sending letters will be required at the exact address of the addressees ' registration.

If any property disputes arise again, the owners of the shares shall seek the assistance of the court.

Under the law, in divorce, spouses may divide the apartment into shares in a number of ways, either by peaceful agreement (by drawing up a marriage contract or agreement) or by judicial means; the court most often divides the apartment into equal shares, but if a parent remains with minor children, the proportion of the person may be increased.

There are also other ways to divide the apartment – for example, one spouse owns all the dwellings because the children remain with him; the former owner of the apartment is deprived of the right to financial compensation but is exempted from maintenance obligations.

If you have any questions, our on-call lawyer is ready to consult you for free.↓

How to separate an apartment in shared property in a divorce

The division of joint property acquired by husband and wife during family life takes place strictly in accordance with the law, the Civil and Family Code of the Russian Federation.

Under article 39 of the Criminal Code, each of the spouses has the right to half of the common property; joint property may be divided both during marriage and after divorce.

Moreover, the law does not prohibit the allocation of real shares of the spouses from joint property, i.e. the sharing of property in kind. Not every asset can be divided. For example, a common car, a musical instrument, a computer, a garage is not divided, but real estate, in some cases, shares can be divided.

The right to share property.

First of all, we define the concepts: ownership can be individual (personal) or common; common property can be joint (when ownership shares are not allocated) and shared (when each owner has a specific share of joint property).

According to article 245, paragraph 1, of the Code of Criminal Procedure, the division of joint property into shares is equal among all owners.

Unequal shares may be in the following cases:

• The conclusion by the owners of a voluntary agreement under which the shares are not equal;
• Transfer of ownership from one co-owner to another (e.g. by inheritance, by contract of gift, exchange);
• Changes in the number of owners;
• The introduction by one of the owners of improvements that have increased the value of the property.

Submarine stones of shared property

At first glance, it seems simple: real estate is divided into shares – not only in real life, but also by documentation, each spouse owns a separate share, such as one room in a two-room apartment.

First of all, it is difficult to use joint property after divorce.

For example, a two - room apartment is owned by the spouses in joint ownership; however, the rooms in the apartment have a different area of 12 m2 and 18 m2.

Can the dwelling be divided into shares and shared?

Conditions provided for shares of joint marital property

If a marriage is dissolved, it is much easier for the spouses to divide the property already divided into shares, and after divorce the spouses will be the owners of the share of the marriage.

For example, a husband and wife bought an apartment and acquired a joint property: according to the legal documents, the husband owns one-third, the wife owns two-thirds of the apartment. After the divorce, the apartment will be owned by them under the same conditions.

Each co-owner may claim a share of his/her joint ownership.

However, with respect to immovable property, there are a number of conditions that must be met in order to produce a share in kind:

• After giving a share of the dwelling, the dwelling shall retain the status of the dwelling;
• After giving a share, the dwelling should remain technically complete and may be used for a further period of direct use;
• The value of the immovable property will not be reduced after the share has been issued;
• The allocation of shares does not affect the rights of the remaining co-owners;
• Real estate is divided.

It is not easy to meet these conditions. A residential home can still be converted so that the parts have separate entrances and separate rooms of a sanitation facility and kitchens. The apartment cannot normally be converted.

A separate room may be "assembly" for each owner (the apartment must be at least two rooms (if it is divided into two parts), the rooms must be approximately equal in area other than adjacent ones).

The use of common premises — the bathroom, the toilet, the kitchen, the Logia, and the corridor — is determined between co-owners, either orally or in writing.

How much share can you share in the apartment?

The law does not limit the division of the dwelling into shares and the number of shares; the whole issue is left to the discretion of the owners – this is the principle of freedom of disposal of property.In general, the number of shares is determined by the number of owners of real estate, and these shares may be unequal.

However, when dividing the dwelling into shares, it is necessary to take into account the technical requirements that apply to a divided housing unit; the share should be produced without significant damage to the dwelling and the house.

Each share shall be an isolated space with a separate entrance suitable for comfort, and the division shall take into account not only the rights of co-owners but also the interests of neighbours and the requirements of public utilities.

Thus, despite the formal possibility of dividing the apartment as much as possible, the actual section is not always technically possible.

It is possible to convert one dwelling into more than one room (e.g. two) – with separate entrances equipped with toilets and kitchens – but the area of the apartment should be at least fifty, if not one hundred square metres.

If a division of more than two parts is envisaged?

An expert in design and construction needs to be consulted to determine whether it is possible to divide the apartment into several parts on a case-by-case basis.

The expert conclusions of such specialists are also applied by the court if the owners apply to the judicial authority for a decision on the division of the joint apartment (for details on the trial, see also below).

If a real section is not possible, the owners have several options (voluntary or judicial):

• Leave the apartment to one owner and order him to pay monetary compensation to the second co-owner;
• To specify arrangements for the sharing of accommodation.

How do you divide the apartment into shares?

The division of joint property may be voluntary (through a written agreement or a contract of marriage) or judicial; it is not to be assumed that the legal force of a marriage contract or agreement is less than that of a court decision; they are to be enforced (subject to the requirements of the form and content of the document).

The benefits of a voluntary way of sharing joint property are the ability to divide everything at will, to arrive at a just and correct solution, taking into account the wishes and needs of husband and wife, to avoid a difficult and lengthy trial.

Marriage agreement

A husband and wife – as co-owners of property – have the right to divide it at any time (before marriage is registered, during marriage or after divorce) and to determine the order of division in the future; it is easier and more convenient to do so by means of a voluntary marriage contract – a written and notarized document.

Unfortunately, a marriage contract is not very popular in our country, and it makes it much easier for spouses to formulate and implement property agreements, thus avoiding unpleasant disputes and vexatious litigation.

By means of a marriage contract, the spouses may divide the dwelling into shares of their choice, not equally, but, for example, 1 by 3 or in any other proportion; the absence of a marriage contract leads in most cases to legal proceedings and the division of joint ownership into equal shares.

A marriage contract should be entered into before the registration of marriage, during marriage or before the dissolution of marriage; in most cases, the conclusion of a marriage contract is due to the purchase of valuable property, such as real estate.

A marriage contract may provide for one of the three regimes of marital property:

1. Together, all the property acquired by the spouses belongs to both spouses on equal terms.
2. In equity, all assets are divided into shares (with shares not necessarily equal);
3. A separate property is owned by either the husband or the wife according to the right of personal rather than common property.

A marriage contract may contain other conditions, such as the use of common or separate property and the division of property in the event of divorce.

Agreement

Another way to make a voluntary and secure separation of ownership of an apartment is to make a written agreement.

This document should contain a list of the joint property of the husband and wife and the manner in which it is divided.

The agreement on the division of property must be notarized, otherwise it will remain invalid; if the agreement provides for the division of immovable property into shares, the signed and notarized agreement should be registered in Rosreister.

Judicial section

It is not always possible for a couple to agree peacefully on the division of property, in which case there is nothing else but recourse to a court of law. One of the spouses, in the second spouse's place of residence, may sue for a share of the apartment.

The statement of claim must include the following particulars:

• Data on the judicial authority to which the claim is brought;
• Data on spouses (F.I.O., place of residence);
• Data on children (F.I.O., date of birth, place of residence);
• Marriage data (when the marriage is registered and/or dissolved);
• A list of common property (including apartments) indicating the regime of ownership, joint or joint ownership, with references to the title-setting documents;
• Requirements for the division of property (occupancy) with the desired method of separation;
• List of annexes (document supporting the circumstances of the claim);
• Date;
• Signature.

During the trial, the court examines the circumstances of the case, reviews the documents, hears the views of the parties and then issues a decision on the basis of family, civil and civil procedure law.

As a general rule, the court divides the apartment into equal shares, but in some exceptional cases the court departs from the principle of equal share and increases or decreases the share of one of the spouses (e.g. residence with the husband or wife of minor children may be the reason).

If the apartment is indivisible, it cannot be divided into shares; then the court may decide to transfer the apartment to the property of one of the spouses, who will be required to pay a second proportionate monetary compensation.

Payment of compensation may also be a good option if the share of one of the co-owners is small to be made in kind.

In addition, the court may leave the apartment in common property and determine how to use it so that the rights of the husband and wife are not infringed.

Another option to resolve the dispute is to transfer the apartment to the property of one of the spouses if the minor children remain with him after the divorce and the other spouse loses his share of the apartment but is also exempt from the payment of maintenance.

Registration of ownership of the allocated share

Once the shares in the dwelling have been determined and allocated, the spouses should contact the Rostreestra authority to register the ownership of the shares.

When applying to the registration authority, passports must be provided, which may establish documents for the dwelling (contract or certificate), documents on the division of the dwelling into shares (notarized agreement or marriage contract, court decision), a certificate from the housing authority, and a receipt of payment by the Government for changes to the registration documents.

Right to dispose of shares of an apartment

Once the apartment has been transferred to the property of the spouses, the division of the apartment will not be repeated in the event of a divorce.

A husband and wife who have become owners of a former joint dwelling have the right to use the dwelling together.

The owner of the share in the apartment has the right to sell it, trade it, give it, lease it, but it is necessary to negotiate a deal with the other co-owners.

If the co-owners of the dwelling have a dispute about the manner in which the joint equity property is to be used, they should apply to the court for its resolution.