Where and how to obtain a certificate of ownership for an apartment in a new building and for a shared one?

The emergence of shared ownership of housing

Shared ownership is a type of common ownership in which the shares of each participant are clearly defined. It is within these dimensions that the co-owner can dispose of the object. The general characteristics and classification of obligations to transfer property into ownership indicate that shared ownership most often arises in the following cases:

division of the common acquired property of the spouses;
receiving an inheritance;
conclusion of civil transactions.

The sale of such property is also associated with a number of features.

Find out in more detail what common ownership of an apartment is.

Features of the procedure for registering shared ownership

First you need to determine the size of the living space. This information can be placed in the contract, certificate of inheritance and other documents.

You should be prepared that, regardless of when, by whom and how the common property was registered, you will have to collect a whole set of documents.

Documents confirming the right of ownership of housing

Each method of obtaining housing has its own legal documents:

When concluding transactions: an exchange agreement, a construction agreement, as well as a purchase and sale agreement.
If the issue was considered in court, the court decision has entered into force.
Acts of government bodies.
If square meters are inherited - a will for the apartment.
In cases of donation of housing - deed of gift.

The procedure for determining the size of shares

According to the general norm of civil law, the shares of owners are recognized as equal. However, something else may be established by agreement or law.

If a participant does not agree with a certain distribution of shares, he has the right to challenge such equality. Most often, this need arises when the owners have made different contributions to the property, which must be proven with appropriate documents.

Find out more

Registration procedure

Since 2021, Rosreestr does not issue certificates of registration of ownership of real estate. However, the need to register such a right remains. For this purpose, you will have to collect a certain package of documents.

List of documents

When applying to Rosreestr you need to have:

statement;
documents certifying ownership of housing;
notarized consent of the remaining participants;
technical documentation for the apartment.

In addition, it is necessary to submit documents proving the identity of the applicant.

Sample application:

How long does registration take?

In accordance with Federal Law No. 218, registration periods can last from 5 to 12 working days. They depend on the basis for obtaining square meters.

If documents are completed incorrectly, the applicant may be returned them without registration.

Registration cost

A state fee is paid for registering property rights. Its size is determined by .

Currently, the following amounts of state duty are provided:

for individuals – 2 thousand rubles;
for legal entities – 22 thousand rubles.

Documents for registration

It is better to collect documents yourself, since it is unknown what evil goals the owner of a share in the apartment may pursue. Another option for preparing documents would be to entrust this matter to an accredited specialist, which can be either a realtor or any lawyer. First of all, you should request from the seller of the share (or its donor) the documents on the basis of which he became the owner of the apartment. These can be civil contracts of any type of basis. For example, purchases and sales, exchanges, privatizations and others. In addition, it is worth asking the owner for a document issued by Rosreestr, which will confirm ownership of the desired apartment. Previously, this authorized body issued special certificates of ownership, but in the last couple of years they have been canceled, and the state body issues simple pieces of paper - extracts from the Unified State Register of Real Estate. They are the ones who will confirm ownership.

Re-registration of an apartment to a spouse

Re-registration of property ownership between spouses in 2021 is a very pressing issue. The reasons may be different, ranging from a simple desire to make one person the owner and ending with divorce.

Domestic legislation allows several options for how to arrange everything. You can do this either independently or by turning to a notary for help.

Although there is no mandatory requirement for notarization of some documents, most citizens prefer to contact a law office. A notary will help you correctly draw up an agreement, the legal force of which you can always be sure of, which plays an important role in legal proceedings.

Donation of individually owned housing

Before donating an apartment, it is important to find out what type of property it belongs to. Thus, it is easier to re-register the premises from husband to wife and vice versa if it is in the personal property of one of them.

All property acquired by spouses during marriage is recognized as their joint property. However, the law provides that some things and objects may belong individually to one of the spouses. These include:

inheritance,
present,
property acquired before marriage, etc.

An apartment belonging to a wife can be transferred to her husband by concluding a gift agreement. This often allows you to avoid property disputes during a divorce.

Find out more about donating an apartment between spouses.

Donation of an apartment in shared ownership

Often, after a divorce, housing that was jointly owned by the spouses is divided between them in shares. Since couples do not want to live together after the dissolution of their marriage, the question arises of how to register shared ownership in the name of one of them.

According to the law, each owner can dispose of his share of the property at his personal discretion, taking into account the pre-emptive right of purchase of the remaining participants.

If you transfer the apartment to your spouse, there will be no problems with this. You can enter into a gift agreement if the transaction is free of charge, or draw up a purchase and sale agreement, which most often happens when ownership of an apartment is transferred to a former spouse.

Some families need to sell a dacha or country house. This does not affect issues related to official documentation.

There are common cases when a couple decides to divide real estate between themselves, so each of them needs to give their share in a particular property. You can transfer your share of the dacha to your ex-spouse in the same manner.

Re-registration of an apartment in joint ownership

The most common type of property found in marriages is an apartment, which is jointly owned by the spouses without a clear allocation of the share of each of them.

Definition of shares

For those who are interested in how to re-register common joint ownership into shared ownership, the ideal option would be to enter into an agreement to determine shares in joint ownership.

This document allows you to determine which spouse owns what part of the property. However, the shares do not have to be equal.

The husband and wife may, at their own discretion, agree on these issues both during the marriage and after the divorce. This will help convert joint ownership into shared ownership without disagreement.

Agreement on division of marital property

Spouses have the right to enter into an agreement on the division of property at any time. In addition to the mandatory written form, at the end of 2015, changes were made in the Russian Federation that established another requirement - notarization of the document.

Currently, only a notarial transaction gives rise to legal consequences.

The subject of the agreement is property that is already jointly owned by the spouses. That is why many citizens resort to this method of division when dissolving a marriage, which allows such painful issues to be resolved voluntarily.

An agreement between spouses on the transfer of ownership is also subject to registration with Rosreestr. Its execution must be taken seriously and all established requirements must be met for the agreement to have legal force.

Marriage contract

Another option on how to re-register an apartment in the name of a spouse during marriage or during its dissolution is a prenuptial agreement. It is also subject to notarization.

The document indicates which spouse will become the sole owner of the home. It follows from this that this method is voluntary, which means that both parties must accept the terms of the contract.

The second spouse must not object to such a transfer, so it will be necessary to obtain his consent that the spouse is the sole owner of the apartment.

Find out more about what a marriage contract is and how it is drawn up.

How to register the sale of your share?

Required documents

List of necessary documents for the sale:

Document for the property.
Certificate confirming ownership.
Technical and cadastral passports.
Extract from the Unified State Register.
A document describing real estate.
If there is a spouse, then their consent to the sale of the share is required.
Passport of each participant in the transaction.

Registration procedure

The procedure for registering the sale of your share of an apartment may differ depending on the terms of the transaction and who will conclude it:

If a minor wants to sell, then permission from the guardianship authorities is required.
If the apartment was inherited, then before putting the share up for sale, it is necessary to offer it to other co-owners. In case of refusal to purchase, or no response within a month, the share can be sold to any buyer.
If the living space is sold after a divorce, then the actions are carried out in the same order as for the sale of an inherited apartment. This means that the owner must first inform the former spouse about the sale, and only after they refuse to put the share up for sale.
The owner of a part of the apartment, if desired, can issue a power of attorney to the person who will deal with the issues of finding clients and sales.
The issue of taxes may vary depending on the period of ownership of the apartment, as well as the amount for which he sold it.

Registration and registration of ownership of part of the housing is a complex and confusing process, which most often has to be resolved through the courts.

Note! People who often encounter similar issues and have sufficient information to successfully carry out all operations can help in this matter. Lawyers specializing in home ownership issues will help you quickly obtain registration of your right to an apartment.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: +7 (Moscow) +7 (812) 309-53-42 (St. Petersburg) It's fast and free!

Registration of a share in an apartment after the death of the testator

After the death of relatives, if they did not leave a will, the property is divided between the relatives of the testator.

Registration of the share must be completed no later than six months after the death of the owner. To do this, you need to go to a notary’s office with an application to open an inheritance case.

In such cases, it may be relevant to transfer from common shared ownership to individual ownership, so that the housing belongs to one person.

Required documents

In addition to the application, you must bring the following documents to the notary:

passport;
title documents for inherited property;
death certificate.

Depending on the type and type of inherited property, the list of documents for registration of inheritance may vary. You can find out exactly what it is at the notary’s office when submitting your application.

How to register a share in an apartment as property?

If an individual wants to register a share in any apartment he likes, then he should know that this process is not at all complicated, although it requires some simple steps.

Firstly, a citizen must contact the actual owner of the apartment and ask him to donate or sell him part of his property. It is possible that this proposal will make the dear reader smile, because no one would agree to give part of their apartment to a stranger. However, if the person concerned has the gift of persuasion and is persistent in his claims, then nothing impossible will happen. In addition, as the famous character Mario Puzo used to say, you can always make an offer to the owner of a home that he cannot refuse.

So, having decided the issue of which part of the residential premises the buyer or donee will register as their property, you need to begin the procedure for collecting documents.

Registration of an allocated share in an apartment as private property

Many people are interested in whether it is possible to transfer an allocated share in an apartment into private ownership. For this purpose, donation or sale agreements are concluded.

If it is not possible to reach an agreement with all co-owners voluntarily, a judicial procedure is initiated.

In this case, you need to justify your demands. To do this, the statement of claim should indicate the reasons why there was a need to switch from shared ownership to private ownership. Then the court may make a positive decision on the forced sale of the share.

What is a share in an apartment?

Before you start registering a share in an apartment for a specific person who wants to become its owner, it is necessary to explain to readers what a share is. In legal interpretation, this word has absolutely the same meaning as in any other. That is, a share is some specific part of the whole. For example, an apple cut into several pieces will have several slices. One of the pieces of this apple will be its share.

In the same way, the share in the apartment is related to the apartment as a whole. The only difference is that the share in real estate is not visible, it is nominal, it cannot be allocated in kind and given to its owner. The share in an apartment cannot be divided, like pieces of an apple, it is not determined by its type, for example, a specific room, it is calculated mathematically, and is determined differently in each specific case.

How can spouses better register property?

When purchasing real estate, spouses should think in advance about how best to arrange it for them. For some, choosing one owner will be optimal, for others – joint ownership.

To avoid having to re-register real estate to your spouse in the future, you can enter into an agreement or prenuptial agreement, the terms of which will provide for all property issues.

For many, it is important that the shares in the common property right are initially determined. This is especially true in cases where the size of the shares of the husband and wife are not the same.

However, when it comes to the division of property, often one of the parties does not agree with the existing division of shares. Judicial practice of redistribution of shared property shows that in such cases, if there are justified arguments, the court redistributes the established shares between spouses.

Find out in more detail how spouses can better register ownership of an apartment.

conclusions

Shared ownership of an apartment arises in different life situations. In this regard, many are interested in the question of how to formalize this. The most common options are concluding a gift or sale agreement. The transfer of common property into private property is also carried out by signing an agreement between spouses or a marriage contract. Everyone determines for themselves how best to register their property so that everyone can enjoy their legal rights and interests.