Who can live in an apartment in shared ownership

Housing law > Registration of real estate > Procedure for using an apartment in shared ownership - details of the procedure from the point of view of the laws of the Russian Federation

What is the procedure for using an apartment that is in shared ownership is a question that worries people who own part of the property.

The inability to purchase the full area of ​​a home or other life situations are often the main factors for purchasing/receiving a certain share of real estate. This practice is not uncommon among Russian residents, especially when it comes to the shared distribution of ownership of an apartment.

Each reader of our resource will be helped to fill such problems in knowledge by the material presented below, which fully covers this topic.

What is the procedure for using residential premises in shared ownership?

In our country, legislation regulates the general essence, concept and procedure for using an apartment in shared ownership.

More precisely, to consider this point in more detail, it is necessary to refer to the 16th chapter of the Civil Code (Civil Code) of the Russian Federation. It contains most of the legislative provisions on the general right to property, including those divided into shares.

One way or another, each article of Chapter 16 of the Civil Code of the Russian Federation contains information about the shared form of ownership of an apartment.

Therefore, if this topic is especially interesting to you, do not be lazy to study it as efficiently as possible. Today’s article will highlight only the main excerpts from the legislation on the issue under consideration.

What is common ownership of an apartment? First of all, it is necessary to refer to Article 244 of the Civil Code of the Russian Federation, which provides a clear definition of what common property is shared: common property is any property owned by several persons (two or more).

If shares of ownership of property are legally defined between these persons, then such ownership is shared. It is also called joint (without allocating shares for specific persons) - determined on the basis of an agreement between the owners and or by a court verdict.

In accordance with Article 245 of the Civil Code of the Russian Federation, the shares of an apartment for each person are determined by agreement of the parties, or by decision of a judicial authority. If there are no legal grounds for a clear definition of the shares of property, then it is distributed equally.

The procedure for using the property of each of the shareholders is also determined by agreement of the parties or a court decision. Depending on the contribution made to the development and growth of the property, one of the owners has the right to increase his share in the apartment.

The procedure for using your shares in real estate is regulated by agreement of the parties or established by the court

• Articles 246 and 247 of the Civil Code of the Russian Federation regulate the procedure for the disposal, ownership and use of apartment shares by the persons to whom they belong.
• Their general essence is that the shareholder has the opportunity to carry out any significant actions on his part of the property only if he complies with the rules of the agreement or the provisions of the court verdict on the division of real estate.
• The last most significant article of the Civil Code of the Russian Federation is Article 249, which determines the procedure for maintaining part of the property in terms of expenses for its existence.

The amount of expenses is determined in proportion to the share that belongs to each of the owners. Thus, the larger a person’s share in an apartment, the higher his expenses for housing and communal services, taxes and other payments on property.

The remaining articles of Chapter 16 to some extent affect the specific aspects of owning a share in an apartment, so it is irrational to consider them in more detail.

Only a professional lawyer can examine a specific case in more detail, so in difficult situations it is advisable to turn to him.

Rules for allocating an apartment share

How to allocate a share in an apartment?

Are there rules for living in an apartment with shared ownership? Allocation or expansion of an apartment share by adding something to the shareholder (allocation in kind) is an event that requires compliance with certain legislative nuances and rules.

They are largely determined by the previously mentioned provisions of the Civil Code of the Russian Federation, although in some situations it is impossible to avoid turning to the Civil Procedure Code or even the Criminal Code.

In any case, all the rules for allocating an apartment share are based on the provisions of the Civil Code of the Russian Federation. The main ones are:

1. Each owner of common property has the right to receive a share in it commensurate with his contributions to the improvement of the home and certain other things.
2. If the allocation of a share to one of the owners of common property is carried out incompletely, he has the right to receive compensation for the area of ​​​​the home that was taken away from him. Naturally, the citizen must decide for himself whether to keep the share or receive compensation for it.
3. The allocation of a share in kind by one of the co-owners through the addition of any residential premises to the previously divided property can only be carried out if a number of mandatory conditions are met (see below).
4. In situations where the allocation of a share in the common property to one of the owners cannot be carried out, the remaining shareholders undertake to pay him monetary compensation equivalent to the lost property.
5. The process of determining the allocated part, for example, an apartment, is based on consideration of evidence from potential shareholders showing their interest in obtaining full ownership of the majority of the property. The size of a portion of the property is determined based on many factors: age, presence of children, disability, professional activity and others.

Allocation of part of the property in kind through extensions are situations that need to be considered in more detail. To carry out such a procedure, the shareholder must meet a number of conditions:

• obtain permission from local administrative authorities to carry out home reconstruction;
• agree on the allocation of the share with the remaining shareholders;
• When allocating a share in kind, the shareholder undertakes to recalculate the amount of expenses. He must bear them based on the new size of his share (exception - an extension is a separate property of a person);
• By allocating a share in this way, the owner must not cause damage to the common property, otherwise he undertakes to compensate for it.

Controversial issues that arise during the allocation of a share in kind are resolved through the courts.

Shareholders can legally secure the rights to own shares of an apartment in two ways: peacefully (by concluding an agreement among themselves) or through the court. Each shareholder undertakes to comply with the clauses of such an agreement or the provisions of the court verdict.

Procedure for using an apartment in shared ownership

How can you use your share of the right to real estate?

The procedure for using shares in an apartment, as well as the rules for their allocation, are determined by legislative provisions from the Civil Code of the Russian Federation.

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The main regulator expressing the general essence of this process is Article 247: it is possible to own and use shared property only taking into account previously agreed conditions with the remaining shareholders (in case of peaceful division of shares) or based on the rules established by a court verdict.

The procedure for using shared ownership is as follows:

1. Having received a share in the apartment commensurate with its legal requirements, each shareholder undertakes to use part of the property in accordance with the conditions determined by the share agreement or by the court.
2. If any rights are infringed or there is a desire to increase their share (if there are strong arguments for this), each of the owners has the opportunity to go to court to resolve all controversial issues.
3. In addition, the shareholder has the right to appeal the court verdict if he believes that the distribution of shares was carried out unfairly.
4. If it is possible to completely isolate the shares (the presence of several bathrooms, kitchens, etc.), the parties have the right to do this both peacefully and in court.
5. If it is impossible to completely isolate the shares (the absence of several bathrooms, kitchens, etc.), it is not worth filing a claim to isolate the shares from each other. In such situations, the claim will not be considered, since it is almost impossible to carry out redevelopment and refurbishment of an apartment in an apartment building.

As you can see, the procedure for using an apartment that is in shared ownership is a simple process, which consists of complying with all the terms of the agreement or judicial acts on the division of real estate between several owners of common property.

Expert lawyer's opinion:

The shared ownership regime is provided if there are several owners of the property. This situation is possible when buying an apartment using maternity capital, spouses, privatizing an apartment, or entering into an inheritance.

Shares in the right are allocated in accordance with the ownership documentation.

However, it should be understood that having a share in the right to an apartment, you can use the entire apartment, including common areas such as a kitchen, bathroom or hallway.

Restrictions only in case of disposal of your share. Upon sale, the remaining shareholders have the pre-emptive right to repurchase the share. Only after the notarized refusal of the co-owner can the share be transferred to an outsider.

In practice, the concepts of “share in right” and “share in kind” are often confused. Only a court can oblige you to allocate a share in an apartment in kind based on the technical parameters of the property. The share in right does not always correspond to the share in kind, that is, it is impossible to allocate, for example, 2/3 in one room.

It is impossible to use such an object. Simultaneously with the division of rooms, the court establishes a regime for the use of common premises. It is impossible to divide the bathroom, toilet and kitchen between shareholders.

It may be difficult to use such a share on an equal basis with other shareholders. In this case, owners of large shares can apply to the judicial authorities to force the owner of a micro share to sell part of the apartment to the remaining owners at an affordable price.

What happens if one of the shares is insignificant?

Judicial practice of shared ownership often encounters situations where one of the shared owners files an application to the court. In it, he asks to forcibly remove the other shareholder from the right to property on the condition that he pay him appropriate monetary compensation. The plaintiffs explain this behavior by the fact that the second co-owner has an insignificant part of the property.

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The legislation of the Russian Federation considers such situations from the provisions of Article 252 of the Civil Code of the Russian Federation: depending on the specific situation, termination of the rights to property of one of the shareholders with the payment of monetary compensation to him is possible both unilaterally and with his approval. But only if the share is insignificant.

The “insignificance” of a share is determined based on its size and the expediency/necessity of using it on the part of the shareholder. The judicial authority determines the “insignificance” of the share based on evidence from both the plaintiff and the defendant.

It is worth understanding that shares of 1/3, ½ or 2/3, by definition, cannot be insignificant.

In the case when the court received a claim from one of the share owners against another share owner to remove the latter from the right to own, for example, a seventh part of the common property, three outcomes are possible:

• mutual consent of the parties and removal of the defendant from the right of ownership with him receiving monetary compensation from the other shareholder of the apartment;
• unilateral removal of the defendant from ownership rights with him receiving compensation from another shareholder of the apartment, if the “insignificance” of his share is fully proven;
• denial of the claim to the plaintiff, since the “insignificance” of the defendant’s share was not proven.

Such court cases are considered with the mandatory use of Article 35 of the Constitution of the Russian Federation (the right to own property), since its violation is unacceptable.

Disposal of property and judicial practice in “equity cases”

Legal advice

In accordance with the law, each shareholder can dispose of his part of the property with the full right of the owner. However, it is worth understanding that he is also burdened by certain terms of the agreement with other shareholders, or by a court decision.

Disposal and ownership are practically interchangeable concepts, therefore the owner must dispose of his share only in compliance with previously agreed conditions and without violating the rights of the other owners.

Considering that shared ownership is in fact common property, before carrying out any significant actions on it, it is important to consult with the other shared owners (Article 246 of the Civil Code of the Russian Federation).

Judicial practice in so-called equity cases is widespread in Russia. When considering such situations, the judiciary uses all the legislative provisions presented above. At the end of the article, our resource will present you with a typical situation regarding a “share business”:

Divorced spouses Vasily Ivanov and Alla Baklashkina decided to divide their 3-room apartment (75 sq.m.) into shares.

Since the only daughter of the former spouses, 13 years old, remained with her mother, citizen Baklashkina and her minor child were allocated a large part of the apartment (50 sq.m.), that is, 2/3 of the property.

At the request of citizen Ivanov and citizen Baklashkina, the court determined the procedure for using the apartment, which all shareholders must adhere to.

In general, determining the procedure for allocating and using shares of an apartment between its owners is a rather complex undertaking, which often requires an appeal to a judicial authority. The resolution of all controversial issues in “share cases” is primarily carried out on the basis of Chapter 16 of the Civil Code of the Russian Federation, therefore, for an understanding of the general essence of shared ownership of property, refer to it.

You can learn more about shared ownership by watching the video:

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08 Jan 2017 kasjanenko 141      

Shared ownership of housing: how to divide, sell and rent out

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“Hostages” of common shared ownership of apartments and country houses most often turn out to be those to whom the property was inherited or through privatization. Serious disputes often flare up between co-owners, and even real dramas play out.

What methods can be used to resolve conflicts legally and what is the best way to proceed in practice? About this in the next issue of our column.

“I want my own corner”

Often the first and quite natural desire of a participant in shared ownership is to get his own corner: his own part of an apartment or house. Legally, this can be done in several ways.

Ideally, this is a peaceful agreement between the co-owners: who gets which room. Please note: common areas - kitchen, bathroom, corridors - in any case remain for shared use.

For reliability, the agreement on the procedure for using the apartment (house) is certified by a notary.

If agreement cannot be reached, the disputants will have to go to court. There is an important nuance to keep in mind here. If you want to keep the living space, then in the statement of claim you need to indicate precisely the request “to determine the procedure for using the property that is in common shared ownership.” The link is to the mentioned paragraph 1 of Article 247 of the Civil Code of the Russian Federation.

At the same time, be prepared for a turn that is unexpected for most citizens. The court, when deciding where and who should live in a shared apartment, will be guided not only by the size of the share of each co-owner, but also by other circumstances. In particular, the gender of the residents, family ties, presence of children, etc.

Lawyers like to give a typical example: determining the procedure for using a three-room apartment, where ½ of the share belongs to a family of two spouses and ¼ to single co-owners. The court, as a rule, allocates one room to a married couple for use and distributes another one to each single person.

At the same time, utility costs, property tax and other payments are still divided in direct proportion to the size of the share of each of the co-owners (in accordance with Article 249 of the Civil Code of the Russian Federation).

• Such features are explained by the fact that in this case we are talking specifically about solving the issue of using joint property, when it is necessary to take into account and align the interests of all co-owners in the greatest possible way, while preserving the common living space.
• "Finally and irrevocably"
• The Civil Code (clause 1 of Article 252) also provides for such an option as “the division of property in shared ownership between its participants.”

In such a situation, new real estate objects are formed. That is, theoretically, for example, in a two-room apartment, each of the two co-owners after division could become the sole and full owner of one room (those with less living space would also receive monetary compensation).

However, in reality, such a number, as a rule, does not work with residential real estate, practicing lawyers warn.

The fact is that with the adoption of the Housing Code of the Russian Federation in 2005, the state took a strict course towards eliminating communal housing and preventing the emergence of “communal apartments”.

1. In practice, if one of the participants in shared ownership asks to allocate his share in kind, the courts, in an effort to preserve a single residential premises, usually make a decision on monetary compensation commensurate with the volume of the share (based on paragraph 3 of Article 252 of the Civil Code of the Russian Federation).
2. And if this option is not suitable, all shareholders want to part ways completely and irrevocably, without paying any money, then experts recommend selling the apartment with subsequent division of the proceeds as the most advantageous solution.
3. However, in this case it is also worth keeping in mind an important nuance.
4. Selling: how is it more profitable?

Experienced realtors note: it is incomparably more profitable for participants in shared ownership to sell the entire apartment together than to sell off their shares in the right one by one. On average, the market price of a share is 15–25% lower than the cost of living space sold as part of an entire apartment.

The reason is that, as can be understood from the above explanations and examples, the buyer of a share in property rights can expect many disputes, courts and other difficulties in the process of using their acquisition. While the new independent owner of the apartment will not even hear of such difficulties.

In practice, the question often arises: what to do if two or three co-shareholders are ready to jointly sell their home at a profit, and one protests out of spite or for other reasons? Lawyers recommend the following solution: go to court with reference to part 2 of paragraph 4 of article 252 of the Civil Code of the Russian Federation.

We quote: “In cases where the owner’s share is insignificant, cannot be realistically allocated and he does not have a significant interest in the use of the common property, the court may, even in the absence of the consent of this owner, oblige the remaining participants in the shared ownership to pay him compensation.”

That is, in such cases, established judicial practice tends to simply replace the share of the “protester” with proportionate monetary compensation.

We can talk about either the amount at which the share itself would be valued in a separate sale, or the cost of a part of the living space, proportional to the share, in the sale of an entire apartment (judges decide differently which option to choose).

As a result, the remaining co-owners, even if they fork out for compensation, retain full-fledged housing, which can be sold for a significantly greater profit.

On a note

If, nevertheless, there is a need to sell a share in the ownership of an apartment, then when concluding a transaction, you need to remember the pre-emptive right to purchase, which the other co-owners have. The procedure for complying with this simple rule is described in Article 250 of the Civil Code.

How to rent or register new tenants?

The basic rule applies here: “The disposal of property in shared ownership is carried out by agreement of all its participants” (Article 246 of the Civil Code of the Russian Federation).

Therefore, both renting out one of the rooms and moving in new residents with subsequent registration (“registration”) are permitted by law only with the written consent of all co-owners.

The only exception is provided for minor children: in all cases they are allowed to move into the place of residence of their parents without anyone’s consent, on the basis of Article 70 of the Housing Code of the Russian Federation and the norms of the Family Code of the Russian Federation.

Anna Dobryukha, lawyer

What does the owner of a minor share have the right to?

January 12 at 16:10 26685 Ekaterina Kamazinskaya

Recently, the Supreme Court clarified that persons who own a very small share of the premises cannot be moved into an apartment. So how many meters do you need to have to be considered a full owner?

Equal owners

Photo: DP/Legion-media

“As a rule, during the privatization process, ownership of an apartment is issued to all family members in equal shares. Therefore, most of Moscow housing is in common shared ownership,” says Anna Veprintseva, director of the residential real estate sales department at ORDO Group.

According to Art. 246, 247 of the Civil Code of the Russian Federation, ownership, use and disposal of property in common ownership is carried out by agreement of all its participants. That is, any actions - selling part of the apartment, renting out, registering residents - are possible only with the written consent of all co-owners, regardless of the size of each owner’s share.

“Without the consent of the other shared owner, you can only move your minor children into the apartment. Also, an exception to the rules is the gratuitous disposal of shares - a gift or a will,” clarifies Vladimir Zimokhin, deputy head of the legal department of the NDV-Real Estate company.

The owner of a share also has the right to register on his living space without the consent of other owners. However, problems may arise regarding accommodation.

If the residence of one of the owners is impossible for some reason, he has the right to demand compensation from the others in the amount of the market value of his share. In this case, he loses his property rights and must be discharged.

A small proportion is less than 25% of the total area of ​​housing and cannot be allocated to an isolated room.

“A participant in shared ownership also has the right to demand the allocation of his share in kind, if the nature of the property allows this. For example, this is possible in a residential building (with separate exits in different parts of the house, independent utilities, etc.).

The possibility and expediency of the separation is assessed by the court in each specific case,” notes Daria Pogorelskaya, head of the legal department of the MIC Group of Companies.

In reality, it is impossible to allocate a share in an apartment, since this requires a separate entrance, bathroom and kitchen.

As Alexander Arsenyev, senior vice president for legal issues at the YIT concern, notes, depending on the size of his share, the co-owner also has the right to demand that the management organization enter into a separate agreement with him to pay for residential premises and utilities and issue him a corresponding separate payment document.

1/40 part

Photo: Hemul/Lori Photobank

A special category of co-owners is represented by persons who own a so-called minor share. It makes up less than 25% of the total area of ​​housing and cannot be allocated to an isolated room, explains Elena Skrochinskaya, lawyer at Peresvet-Invest CJSC.

According to the law, such owners also have the right to live in residential premises; as already mentioned, the procedure for use is established by the court. But he will do this only if the size of the living space allows the plaintiff to be allocated a room commensurate with his share. This is quite problematic in cases of ownership, for example, 1/14 or 1/40 of an apartment.

However, on April 3, 2012, the Supreme Court of the Russian Federation issued a decision in which it overturned the decisions of the lower courts and satisfied the claim of the owner of a significant share by forced payment to the defendant of monetary compensation for her insignificant share with the loss of her right to a share in the common property.

Ownership of the 1/14th share of the apartment passed to the plaintiff owner, who owned 13/14th share. The defendant and her minor child were evicted from the apartment.

The court considered the situation in this case to be an exceptional case and concluded that if the residential premises cannot be used by all co-owners for their intended purpose (for living) without violating the rights of the owner of a larger share, then the protection of his interests is possible through forced compensation to the owner of a minor share.

A set of circumstances under which the owner of a small share may not be allowed to move into the apartment:

• • inability to allocate a share in kind;
• • the impossibility of determining the procedure for using the apartment in accordance with the share without violating the rights of the owner of a significant share;
• • lack of an actually established procedure for use (the owner of a small share has never moved in or lived in the apartment since the acquisition of the right, and has not made any claims about it);
• • share owners are strangers;
• • whether such owner of another home has any right, etc.

Photo: DP/Legion-media

“The significant point is that, according to this definition, the amount of compensation was calculated from the total cost of the apartment,” notes E. Skrochinskaya.

The Supreme Court of the Russian Federation took a similar position in a case that was considered on December 3, 2013. The owner of 1/40 of the apartment was denied the requirement to move in, considering that it would lead to a significant violation of the rights of another co-owner, whose share in the right is significant.

In addition, the Supreme Court of the Russian Federation determined the circumstances under which, in exceptional cases, forced redemption of a small share is possible. For example:

• it is impossible to allocate a share in kind;
• it is impossible to determine the procedure for using the apartment without violating the rights of the owner of a significant share;
• there is no actually established procedure for use (the owner of a small share has never moved in or lived in the apartment since the acquisition of the right, and has not made any claims about it);
• share owners are strangers;
• the presence of such an owner of other housing on any right, etc.

“Of course, the court stood up to protect the rights of people who have a significant share of the residential premises, considering the actions of the owners who own a small share to be an abuse of their rights.

Nevertheless, each specific case will be examined separately, taking into account a lot of details and nuances (relationships between co-owners, whether they have other housing, etc.).

We believe that mass deprivation of rights to insignificant shares in common property rights will not happen,” says D. Pogorelskaya.

Shared ownership

Owning shared property is a situation that can and should be used to your advantage.

In the Civil Code of the Russian Federation, there is a special legal regime for shared ownership.

Articles 246 and 247 of the Civil Code of the Russian Federation state that the use, disposal and ownership of property in shared ownership must be by agreement among all owners of shared ownership.

Of course, the owner of a share in an apartment must respect the rights of other owners, regardless of the size of the share of the apartment he has.

Not every apartment that is in common ownership has a defined procedure for use. In this case, all homeowners can use the entire apartment equally.

None of the owners has the right to restrict other owners, and it doesn’t matter what the size of the share in the apartment is, everyone has the same rights.

The Constitution of the Russian Federation guarantees every citizen that he can use his property and no one has the right to limit him in this.

But you, in turn, do not have the right to prohibit other co-owners from stepping on your shadow and determining where whose “territory” is.

Of course, this does not apply to those cases when the order of use of the apartment is determined and any of the rooms is assigned to a share in the apartment by a court decision.

Having decided to sell a share in the apartment to third parties, you must first offer to buy a share in the apartment to all other co-owners in accordance with Art. 250 Civil Code of the Russian Federation. It is, of course, better to notify about the sale of a share in the apartment, but not necessarily notarized. It is necessary to clearly indicate the cost and terms of sale of a share in the apartment.

If all co-owners want to buy a share in the apartment, then they have the right to sell to any of them. In case of non-compliance with the form of notification of co-owners, this may lead to a violation of the norms prescribed in Art. 250 GK.

And this will give other co-owners the opportunity to go to court, recognize the agreement you have concluded for the sale and purchase of a share in the apartment as void and transfer to themselves the right of priority to buy out a share in the apartment.

A co-owner of a home, in the event of a violation of his pre-emptive right to purchase a share in the apartment, within three months from the moment when he learned or should have learned about the sale of a share in the apartment to another person, may file a claim in court to transfer rights and obligations to him buyer.

If a share in an apartment is sold, then this absolutely means that the relationship between the co-owners is spoiled, with very rare exceptions. A share in an apartment is almost always sold by someone who does not live in the apartment.

The owners of a share in an apartment, accustomed to using the entire apartment for free for many years, with ease and enviable ingenuity go to all sorts of tricks in order to prevent the co-owner from selling his share in the apartment to a third party. They are like “dogs in a manger”, they are ready to “lie down” on the threshold of a disputed apartment, just to prevent the sale.

They naively believe that no one will buy a share in an apartment without viewing it. Legally illiterate, arrogant, greedy, arrogant, “entrenched” co-owners are one of the reasons for shares in an apartment appearing on the market without viewing.

There are, of course, much more of them than shares in apartments where the co-owners have determined the rules of use in court or by agreement of the parties and live “harmoniously.”

The buyer of a share in an apartment, of course, wants to calmly occupy the room and live peacefully with his neighbors. The only trouble is that it doesn’t always work out this way, and the market dictates its own conditions. It is quite natural that the less conflict the situation in the apartment, the higher the price of the share.

The difference in the cost of the same share in an apartment, with and without viewing, can fluctuate up to 30%. Those who are limited in funds have to buy a share in an apartment without viewing it, not because they like the thrill, they are simply forced to buy what they have enough money for.

And this does not mean at all that they will not be able to coexist peacefully with their “neighbors” in this territory.

Approximately 80% of apartments that are in shared ownership, when new owners appear within the first two months, without swearing or scandals, exchange the apartment. Believe me, no one wants to live in a communal apartment if they have the opportunity to get separate housing.

In Ryazan, buying a share in an apartment, for many people, is the only possible, first step towards purchasing their own home, without lifelong bondage for the whole family in the form of a 20-year mortgage.

Who buys shares in apartments?

A share in an apartment may be of interest to buyers who purchase this type of property directly for the purpose of living with further registration of themselves and family members. Many people want to buy real estate in Ryazan.

Not everyone has enough money to buy a room or an entire apartment; buying a share in an apartment is sometimes the only opportunity to gain a foothold, have your own corner, stop throwing money away on renting a room and get legalized, get a permanent residence permit in Ryazan and become the legal owner of a social package, get a good job, send your children to school and kindergarten, get a medical insurance policy and much more.

Buyers of shared ownership are divided into two groups. The first category includes buyers who purchase a share in an apartment in order to live. A share in an apartment is much cheaper than a room. As a rule, these people understand that there is a high probability of conflict with other owners.

They consider themselves, if not stronger, then at least equal rivals in this situation. They think that they will be able to coexist with other owners, fighting for themselves the necessary conditions for life.

Of course, the main reason for buying a share in an apartment is a limited budget.

The second group should include professionals. They acquire shares in apartments so that later, using their methods, they can take possession of the entire area, inclining the “strong” to the position of the “weakest,” imposing their conditions and their line of behavior with all their might. Such buyers will be interested in any share in the apartment. The main aspect for them is the price.

Share in an apartment - affordable housing

Students, young families and guests of Ryazan, tired of renting housing, are the main buyers of shared ownership.

By purchasing a share in an apartment, you receive a real, legal residence permit in Ryazan, which will allow you to: apply for a pension, get a loan, an insurance and medical policy, register with the tax office and much more.

What is important is that you have the right to permanently register (register) children under 14 years of age for your share in the apartment, without the consent of the owners. It is also possible to register your family members.

Contrary to popular belief, the presence of shared ownership in an apartment does not always imply a mandatory conflict between residents. Very often, owners of shares in an apartment manage to agree on a joint sale.

In some cases, people simply coexist peacefully - each on their own territory. It is also not uncommon for situations when one of the owners of a share does not live in the apartment, thanks to which the others can use the entire living space without interference.

By purchasing a share in an apartment, you will not only be able to obtain a Ryazan registration and actually live in a room, but also in the near future, perhaps for quite reasonable money, become the owner of the entire apartment. And if you sell the apartment together, you will receive a 100% profit.

Contact professionals who deal with this particular area. You shouldn’t even try to get advice from a realtor who sells apartments and rooms. You don’t go to a consultation with an ophthalmologist when you have a toothache.

Believe me, this comparison is more than appropriate.

Shared ownership: how to use and dispose of such housing

The owner can rent out his share only with the consent of all co-owners, and only if this share is allocated and represents an isolated room, that is, a whole room. If housing is transferred to a legal entity, then it can use the residential premises only for citizens.  

The material was prepared with the participation of the Federal Notary Chamber, lawyer of the law office "Leontyev and Partners" Tamaz Mstoyan, director of the GASIS urban development center Konstantin Shishka, head of the office "In Novogireevo" "Miel-Network of Real Estate Offices" Yulia Antyasova, leading legal consultant of the Legal Service "Inkom" -Real Estate" by Olga Kladkova.

If an agreement between the owners is not reached, then they have the right to go to court, which must establish the procedure for paying for residential premises and utilities in proportion to the shares of ownership for each of the owners.

It is impossible to force one of the co-owners to sell his share to a third party.

The possibility of forced payment of monetary compensation for his share is permissible by court decision in the case of the simultaneous presence of the following conditions: the share of the co-owner is insignificant, cannot be realistically allocated, the co-owner does not have a significant interest in the use of the common property.

 According to paragraph 4 of Article 252 of the Civil Code of the Russian Federation, in such cases, the court can, even in the absence of the consent of this owner, oblige the remaining participants in shared ownership to pay him compensation. There are quite a lot of such court cases. As a rule, the owner of the larger share buys out the smaller one.

Then an expert assessment of the market value of the share is carried out in court.

Thus, if, for example, we are talking about tiny shares, say, 1/100, then your co-owner owns literally a few square centimeters, you can go to court with a demand to buy out this micro-share. And then the court may oblige him to sell this share.

For such transactions, a mandatory notarial form is established. Let's say that there are three co-owners of the apartment, each of whom is ready to sell his 13. There is also a third party who wants to purchase this entire apartment. All parties to the transaction must appear before the notary.

He will request the documents necessary for the transaction, including from the Unified State Register of Real Estate (USRN), make sure of the legal capacity of all co-owners, the absence of defects of will, and so on.

If the owners of shares contact the notary at the same time, then in this case the notary will not require documents confirming that the co-owners have notified each other of their intention to sell their shares. In this case, the agreement for the sale of the apartment by all co-owners can be concluded at their request in the form of a single document.

If the co-owners do not approach the notary together, but at different times, the notary will require confirmation that all owners of the apartment have been notified that the co-owner wishes to sell his part.

If circumstances require it (for example, the co-owners are strangers to each other or are in conflict), then the DCT specifies how much each of them receives when completing the transaction.

If the co-owners are, for example, spouses who are in a normal relationship, then the amounts do not need to be specified.

Alienation of shares of an apartment that is in common ownership for any type of transaction (purchase and sale, exchange, gift) is subject to mandatory notarization. This is necessary in order to prevent cases of apartment raiding.

The main thing that the notary checks is whether the pre-emptive right to purchase of the remaining co-owners of the apartment has been respected, if we are talking about a purchase and sale transaction.

The notary himself can notify the co-owner if the owner of the share for some reason is not ready to deal with this personally.

The most indisputable, according to the Federal Chamber of Notaries, is sending a notice by registered telegram through the post office, asking the post office employees to give you a copy of the telegram sent to the co-owner.

Then it will be clear when and what content you sent the telegram. This will be proof that you have notified your co-owners of your intention to sell your share.

The fee for certifying a transaction will be 0.5% of its amount, but not more than 20 thousand rubles.

The owner of a share in an apartment has the right to register in it without the consent of other co-owners, however, registration by the owner of a share of third parties in the apartment will require the consent of other shared co-owners, with the exception of registration of minor children of co-owners (Article 20 of the Civil Code of the Russian Federation).

One of the co-owners of the apartment can buy out the shares of other owners by reaching an agreement with them or, under certain circumstances, forcefully buy out the shares.

Thus, if the owner’s share in relation to the size of the shares of other co-owners is significant (that is, it is the largest share compared to the shares of others), then in court the co-owner can take turns recognizing the shares of the cohabitants as insignificant and buy them out. Redemption is possible only if all three conditions are met simultaneously: the share of the co-owner is insignificant, this share cannot be realistically allocated, the owner does not have a significant interest in the use of the common property (Article 252 of the Civil Code of the Russian Federation).

The issue of forced redemption is resolved, as a rule, by the courts in cases of allocation of shares in kind. Moreover, whether the share is insignificant or not is decided by the court in each specific case, taking into account all the circumstances of the case.

For example, the court may take into account the following circumstances: the need to use this property due to age, state of health, professional activity, the presence of children, other family members, including disabled people, and so on.

The owner of a share has the right to dispose of his share at his own discretion, and other co-owners have no right to interfere with him. However, the law establishes some features of the owner’s disposal of his shares.

If the co-owner of the apartment has not responded to your offer to sell a share in the ownership of the apartment, or refused to purchase it, then you have the right to sell your share in the apartment to any third party at the price and on the terms that you indicated in your letter to the co-owner of the apartment . The cost of the price for the new buyer cannot be lower than that which was offered to the co-owner.

A participant in shared ownership has the right to demand the allocation of his share from the common property (Article 252 of the Civil Code).

For example, the allocation of a share in kind in a residential building is allowed only if it is possible to organize a living space completely isolated from the rest of the house, that is, with a separate entrance and independent communications.

The allocation of a share in kind is possible both by agreement of the co-owners and in court if agreement has not been reached.

It is important to take into account that allotment in kind is prohibited if its implementation is impossible without causing disproportionate damage to property that is in common ownership (for example, the impossibility of using the property for its intended purpose, a significant deterioration in its technical condition or a decrease in material value). If it is impossible to allocate a share in kind, then the court, at the request of the allocated owner, has the right to oblige the remaining participants in the shared ownership to pay him monetary compensation. Having received such compensation, the owner loses the right to his share.

Possession and use of property in shared ownership is carried out by agreement of all its participants (in accordance with Article 247 of the Civil Code of the Russian Federation). Each owner owns and uses part of the common property and bears the costs of its maintenance in proportion to his share.

If the participants in common shared ownership cannot reach an agreement on the conditions of ownership and use of common property, then the dispute is resolved in court. In practice, most often, owners agree among themselves orally.

Under the regime of common joint ownership, such shares are not defined. In this case, the owners own and use the common property jointly, but one of the owners has the right to dispose of the entire property only with the consent of the other co-owners. And in order to dispose of your part of the joint property, you must go through the procedure of allocating a share.

Who has the right to live with the owner in shared ownership?

The condition of the contract, which was included in the purchase and sale agreement, actually burdened the apartment with the rights of third parties, and accordingly, determining the procedure for using this apartment would violate the rights of these persons.

The request for the allocation of a share in kind was refused, including on the grounds that it was not possible to allocate premises from among the common areas for the use of the person making the relevant demands, and also to provide a separate entrance to the apartment. 3.

The trustee had documents confirming the fact that for her and her children this apartment was the only place of residence, her right of residence and the right of residence of her children arose earlier than Sergei’s ownership of a share in the apartment.

The trustee had a significant interest in the use of the apartment, properly monitored its safety, and paid utility bills.

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Spouse If the residential premises are divided formally and not in kind, that is, for example, there are only 4 owners and each of them owns ¼ of the premises, then the consent of all owners is required for registration in the apartment with shared ownership by a spouse. Consent must be given in writing and does not require notarization. If the allocation took place in kind, and each of the owners has a separate room, then there is no need to ask the consent of the others.

The right to reside in an apartment in shared ownership

But, citizens are exempt from administrative liability if they live without registration: In the same locality where they have permanent registration, but at a different address In Moscow or the Moscow region if they have permanent registration in Moscow or the region In St. Petersburg or the Leningrad region if have permanent registration in St. Petersburg or the Leningrad region In premises that belong on the right of ownership or right of use to their closest relative, who has permanent registration in this premises Registration in an apartment with shared ownership Shared ownership assumes that this premises belongs to several owners. The size of each owner's share does not matter.

The case is about moving into an apartment. features of common shared ownership

But such an obligation does not in any way limit the citizen’s right to freedom of movement. The presence of permanent registration gives a citizen of the Russian Federation the right to the full implementation of his rights and the fulfillment of his duties.

Also, such accounting is necessary for the state to conduct a correct migration policy. Reflection in the law Freedom of movement throughout our country, as well as the free right to choose any place of residence, is guaranteed by the Constitution of the Russian Federation. 07. 1995.

The concept of shared ownership is disclosed in paragraph 2 of Art. 244 Civil Code of the Russian Federation.

Rights of share owners

• reviews: 97 According to Part 1, Article 31 of the Housing Code, members of the family of the owner of a residential premises include his spouse living together with this owner in the residential premises belonging to him, as well as the children and parents of this owner. The mother of these co-owners does not live with them and does not have the right to use the apartment. A power of attorney does not give the right of residence. You don't have to let her in. Personal consultation
• reviews: 1,063 Elena, hello! Calm down, YOU don't have to let her in. I completely agree with my previous colleague. Sincerely, lawyer Kalinina Olga Gennadievna (St. Petersburg), sign up for a paid consultation by phone: 995-82-58, [email protected] Assistance in court. Personal consultation
• reviews: 52 Good afternoon, Elena.

Quote: Posted by Quattro Yes, we are talking about ideal shares. Moreover, physically 1/3 of the living space is smaller than the area of ​​the smaller room. In your case, no one has the right to live in this apartment without your consent.

I will substantiate this way: housing relations are regulated by the RF Housing Code and other legal acts adopted in accordance with the RF LC (Art.

5 Housing Code of the Russian Federation); however, regulation of relations of common shared ownership of apartments is not provided for in the Housing Code of the Russian Federation, and such regulation is carried out by the norms of the Civil Code of the Russian Federation; Accordingly, look at paragraph 1 of Art.

Thus, only by common agreement of all co-owners can other persons use and own an apartment that is in common shared ownership.