Division of a residential building between owners: rules, procedure, examination

Dividing a house is not as simple a procedure as it seems at first glance. The fact is that most of the real estate falls under the definition of indivisible property and, accordingly, is not subject to division. However, discord may arise in the relationship between the owners and they begin to look for solutions on how to divide the private house they own.

The division of a residential building does not contradict current legislation and we will tell you how to do it. Please note that along with the house, the land plot and the outbuildings located on it are divided . How to divide real estate to take into account the interests of each party? Let's consider the possible options.

What does dividing a house in kind mean?

OF ALL, when dividing a house, you must be guided by the Civil Code of the Russian Federation, namely, article number 252. It states that you, together with the co-owner, have the right to independently divide the house and land by concluding a peace agreement.
It can be issued by a notary. This document states that each room belongs to one of the house owners, and also determines the order of use of general purpose rooms (bath, toilet, kitchen).

In addition to the above, it is permissible to indicate in the document the rules for paying for utilities, the order of current and major repairs. However, it is necessary to take into account that such a house remains with one cadastral number: that is, in kind, your personal share remains unallocated.

DIVISION OF A HOUSE IN NATURAL means that each of the co-owners is assigned by the court his own specific area of ​​the house, non-residential buildings on the land plot and the land plot itself.

After this, the owner can actually divide the property (put up a partition, make a separate entrance and install a fence in the local area).

In addition, the owner has the right to dispose of his share as he wants:

• sell;
• to rent;
• give;
• bequeath by inheritance, etc.

However, it should be taken into account that when dividing a house in kind, you cannot worsen its technical characteristics, namely, break down common walls, re-equip the roofing if it affects the roof of the former co-owner, etc.

When dividing a house in kind, the court must make a ruling determining which of the former co-owners insulates their part of the house, puts engineering communications in good technical condition - the water supply and sewerage system, the heating system, ventilation, gas supply and electricity supply.

The incurrence of financial costs for all of the above work is also determined by the court on the basis of the Civil Code of the Russian Federation. Typically, costs are divided according to the share ownership of the residential building. If it is divided equally, then payment for all repair work occurs in an equal amount.

In cases where it is not technically possible to divide the house, one of the co-owners is offered commensurate monetary compensation. However, one must take into account the fact that the court does not have the right to force a person to give up a share of property in favor of money. He must agree to this on his own.

This rule may not apply to the case where the co-owner’s share is tiny and he himself does not show interest in using the house as a home.

In this case, even without the consent of this co-owner, the court may rule in favor of paying monetary compensation.

Remember that each court case is individual and you should not focus on the outcome of the trial “like your neighbor.” After all, you cannot predict what evidence and facts the defendant (co-owner of the house) will provide to the court.

The order of dividing the house

Ideally, a divided house should be transferred to the owners in equal parts, with its own entrance and full functionality of the premises suitable for living. After all the manipulations, any owner of the received share has the right to dispose of the property at his own discretion. He can sell it, having raised the necessary money, and dispose of his share as collateral. The resulting structure can be given as a gift or be the subject of inheritance.

Claims from former co-owners should not arise if all procedures are carried out correctly. What will be the correct result if we carry out a real division of the house? Points that characterize the correct implementation of the procedure:

• owners receive their share of the house with a separate entrance;
• the living quarters of the allocated parts are isolated;
• each part allocated in natural division has the characteristics of a separate, fully functional housing;
• the plot of land on which the building is located is divided only if its functionality is preserved after the work has been carried out.

An important point can be determined by the initial expert assessment of the property regarding its functionality. If the commission comes to the conclusion that the house is unfit for division and is in disrepair, first of all restoration work will be needed, after which a re-inspection will be carried out.

The preliminary stage of the event is also divided into several steps:

• permission is required for redevelopment;
• introducing proposed changes to the technical plan of the structure;
• preparation of a package of accompanying documentation for each of the allocated shares;
• land surveying (if necessary) of the plot of land on which the building is located;
• drawing up an agreement between property owners on the division of the house.

Subsequently, the owners are sent to Rosreestr, where, based on the submitted documentation, a decision is made on the progress of the case, or its impossibility, if certain conditions or legislative norms are not met. The request received from the owners is considered within no more than fourteen days.

Sample agreement on the division of a residential building in kind (DOC)

Sample statement of claim for division of a residential building in kind (PDF)

What kind of house can be divided in kind?

Not all real estate falls under the definition of divisible, and the decision is made on the basis of the standards established by Chapter. 16, ch. 17 Civil Code of the Russian Federation. In addition to the legal side, the court examines the technical requirements, the cost of housing, the ratio of shares of each party and other points.

The legislation does not establish uniform requirements for recognizing real estate as divisible/indivisible.

Dividing a house in kind is allowed if a number of characteristic features are present:

• division of housing is possible if this does not disrupt the design of the building with subsequent operation;
• there is no need for major reconstruction/restructuring;
• no third parties are involved - neighbors;
• objects obtained as a result of partitioning in kind comply with sanitary standards - sufficient area of ​​the room, level of insolation, etc.;
• Engineering communications for each homeowner are not disrupted.

If it is not possible to allocate a share in kind, then one of the owners can pay its value, which is determined by the court or as a result of a peaceful agreement of the parties.

When joint and shared property arises between spouses, what is the difference between them?

Joint ownership usually means property that belongs to two people and is not divided between them. This is only possible if the spouses have officially legalized their relationship.

As for shared ownership, this concept usually means property that belongs to several persons and is divided between them into shares.

Let's get acquainted with the main differences between joint property of spouses and shared property:

Common joint property arises when a married couple is officially married and acquires a real estate property without allocating shares. If we talk about shared ownership, it can appear when concluding a marriage contract.

Features of shared ownership

With shared ownership, each owner of a real estate property is issued a certificate of ownership, which states which share belongs to a specific person.

One of the main features of shared ownership is that when registering it, spouses do not need to write and certify each other’s consent to the purchase.

How many shares can a house be divided into?

The real division of the house can be carried out if there are no more than three co-owners, that is, in reality the house can be divided into no more than three parts.

If there are more than three co-owners, then the law allows for the separation of a share in kind from the common property.

When dividing home ownership, like any other joint property, there are certain conditions that such a division must meet:

• there should be no legal prohibitions on dividing a house;
• each part of a divided house must correspond to the purpose of the whole house;
• the totality of all parts of the house must correspond in value to the price of the whole house before its division;
• All parts must remain easy to use.

Minimum dimensions of premises when dividing a residential building

In accordance with Russian legislation, the standard living space per person is 12 square meters. But in the case of a real division between the owners of a residential building, these rules do not apply.

In situations where any of the parties in the division receives an isolated room less than the established standard while fulfilling all other requirements (sanitary and technical), no one has the right to refuse the division, referring only to the fact that the room is less than the standard.

But splitting the house into tiny shares is also unacceptable. A living space of less than eight square meters is considered a dangerous limit for a person, therefore it is established that the minimum area of ​​any individual share during division is a room measuring 8.1 square meters.

In what cases is partition impossible?

Allocation of a share in kind is impossible in the following cases:

• there is no general consent of all co-owners - in this case the issue is resolved through the court;
• the technical characteristics of the house do not allow according to the norms of Art. 25 of the Civil Code of the Russian Federation and Resolutions of the Plenum of the Supreme Court No. 6 and No. 8 of 07/01/1996;
• all or one of the shareholders made illegal extensions - to resolve the situation, it is first necessary to legalize or demolish all buildings, information about which is not available in the BTI and Rosreestr authorities;
• I managed to buy a house with maternity capital.

How much money do you need to spend on decorating the division of the house?

The financial side of the issue is calculated based on the situation. In one case, the event will be limited to paying the fee, in the other - expenses for expert assessment, redevelopment, reconstruction and other matters.

If the owners resolved the issue without mutual claims, they will have to pay a little. If you go to court, additional costs may be incurred. On average, money goes in the following areas:

• payment for legal services;
• expert assessments of the condition of the house;
• state fee for consideration of the case in court;
• planning work;
• construction and technical activities.

To one degree or another, the owners will have to spend money. At the same time, it will be easier if the issue of dividing the house can be resolved by agreement. The division of a house, as such, is a rather complicated undertaking, especially when various circumstances arise that interfere with the procedure.

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Conditions

The house belongs to that category of property that is actually not subject to division, that is, it cannot be cut in half for two people to live in it. But its division is possible - not in the literal sense, if the housing meets certain conditions.

Requirements for the property for the possibility of division:

• whether the property meets living conditions;
• is there an emergency exit in the house;
• rooms in the house have a separate entrance or are walk-through;
• Are there any amenities in the housing - electricity, gas, heating, bathroom, television, etc.;
• presence of debt obligations to public utilities;
• Do the technical characteristics of the building comply with the standards?

Identification of signs of a house’s suitability for division is carried out on the basis of a special examination—forensic and technical. When assessing the technical condition of a house, professionals can assess the value of a house intended for division.

According to Russian legislation, dividing a house owned by several people is permitted using the following methods:

• cancellation of shared ownership rights to a shared house;
• assignment of a certain part of ownership to each of the owners.

When each owner is assigned a share of housing, it can be divided by paying compensation. For example, during a divorce, a two-story house is divided. According to the court decision, each spouse owns 50% of the property. They are no longer able to live together, so they have two ways to resolve the separation problem. The first is to pay compensation. The husband (wife) pays his wife the cost of the house in the amount of 50%, that is, he reimburses the share that belongs to her as property in cash equivalent. The second method is simpler - both spouses sell the property and divide the proceeds equally among themselves.

When sharing a partition object, it is necessary to take into account certain features:

• According to legal regulations, dividing a house is possible only with written consent from all owners. If this is not the case, then the division is formalized in court;
• The division of the house is carried out only according to the market value of the object of division.

A house cannot be divided if there are restrictions on such actions from government agencies.

Measures regarding the plot on which the divisible house is located

As in the case of a building, a plot is subject to division only if it can be formed independently. There are two options:

• in the first case, the plot of land is located in such a way and has such a size that there is the possibility of dividing it with the allocation of its own approach;
• option two occurs when such division is impossible; parts of the site will be unsuitable for separate use.

As a result, the house may be located on the property of one of the owners, while the building itself will be divided according to all the rules. The plot should be taken over only if a positive decision is made on the division of the residential building. The plots of land that will be transferred to the ownership of the owners must not be less than the required sizes established by federal and regional legislation.

In general, the issue of size is quite relevant not only for a plot of land, but for the allocated parts of a residential building. How can you divide a house so that there are no claims from government agencies?

Procedure and rules for dividing a private house into shares

Allocating a share in kind is nothing more than dividing a house into two separate rooms. The essence of this division is the transfer to each of the co-owners of an isolated premises with a separate entrance, suitable for living.

The main advantage of such a section is the ability of each owner to fully dispose of their part of the house:

• sell;
• give;
• leave as an inheritance;
• leave as collateral.

The actual division of a house in kind is possible subject to a number of conditions:

• each owner must have a separate entrance to his part of the house;
• each part of the allocated property must be suitable for permanent residence;
• all living quarters must be isolated;
• division of a land plot is mandatory, but only if after the division the individual plots do not change the type of permitted use, otherwise the land will remain in joint ownership.

Important. If the building is in disrepair or unsuitable for habitation, dividing the house in kind is impossible under any circumstances.

Before you start identifying a house in kind, you need to go through several stages of preparation:

1. Obtain permission to redevelop the house and make changes to its technical plan. Since redevelopment always occurs when dividing a house in kind, fulfilling this point is mandatory.
2. For each allocated share it is necessary to draw up a separate package of documents (cadastral and technical passport). Additionally, it is necessary to order land surveying.
3. Next, the owners draw up a written agreement on the division.
4. The next stage is a visit to Rosreestr. There, the documents will be examined, and if department employees do not find any contradictions with current legislation, then in two weeks all owners of their parts of the house will receive documents on ownership.

Division of a house without going to court

If the division of a private house occurs by common consent of all parties, then a Settlement Agreement , which will be the basis for further actions. In this case, a representative of all interested parties contacts the Administration with a Settlement Agreement, a Cadastral Plan of the Land Plot and a Technical Data Sheet for the building.

Based on these documents, the Administration must issue either permission to divide the house or a refusal.

Division of a house through court

If the parties were unable to reach a common agreement, then the situation can be resolved through the court. For this purpose, the plaintiff prepares an application in two copies. One copy of the application is sent to the court, the other is sent by registered mail to the defendant.

Along with the application, the plaintiff must provide:

• documents confirming the carrying out of appraisal work on the property and establishing its market value;
• documents confirming the plaintiff’s right to claim part of the share;
• a paid receipt for all necessary duties.

Procedure

In any case, you should first try to negotiate peacefully.

If this does not work, the parties proceed according to the following algorithm:

1. They make an application for a cadastral engineer to come to the site to take measurements.
2. Shares of land are allocated (if possible).
3. Draw up a statement of claim to the court of first instance.
4. Take part in court hearings.
5. The decision is taken away in the form of a writ of execution.
6. Together with other mandatory documents, they submit the registration sheet to the Rosreestr authority.

Statement of claim for division of house and plot

To draw up a statement of claim, it is important to take into account the norms of Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation. In the event of the slightest discrepancy between the claim and the requirements, the court will return it to the plaintiff for revision, indicating a specific deadline for making changes and clarifications.

In the text of the document, the plaintiff must indicate:

• the name of the court to which the application is filed;
• all data of the parties - the plaintiff and defendants (full name, residential address, contact telephone number);
• the cost of the claim;
• the procedure for obtaining and using the disputed property;
• legislative grounds for judicial resolution of the issue;
• describe all attempts to resolve the problem peacefully;
• proposals for dividing a house and a plot of land;
• date and signature of the applicant.

What documents will be needed

It is always important to know what documents are needed to divide a house:

• plaintiff's passport;
• title documents for disputed objects;
• new extract from the Unified State Register of Real Estate;
• cadastral plan of the land plot;
• registration certificate for the house;
• an act confirming the possibility of allocating a share;
• receipt for payment of state duty.

Where to submit

The application is submitted to the district (city) court at the location of the subject of the dispute or to a magistrate.

Method No. 1. Peaceful agreement

The best option to divide the house would be a peaceful agreement between the owners. In this case, the home ownership does not lose its status as an integral piece of real estate, it simply becomes shared ownership.

From a technical and legal point of view, this is the easiest way to remodel a house for two owners. In this case, the division of the house occurs on the basis of an oral agreement or written agreement between the owners. It is better to choose the second option and have the drafted agreement certified by a notary office. This will help avoid property disputes in the future.

Before dividing your home, include the following in your agreement:

• current costs of maintaining the house;
• Payment of utility services;
• procedure for operating common areas (kitchen, bath, toilet, corridor).

When concluding a peace agreement, do not forget about dividing the land. Although if you plan to live together in the future, then this item is optional.

If there are difficulties in determining the share of each owner, then the problem can be resolved through the court. However, this is not the best option. The judge will not take into account the interests of the owners, but will simply suggest a compromise solution that will suit each of the parties.

If a compromise is not reached, the legal battle could drag on indefinitely. In this case, allocating a share in kind is suitable. We'll look at this option a little later.

Even in case of agreement, the house must be divided into two separate living spaces. In some cases, this will require redevelopment of the building. Construction work must be legalized and an expert report must be obtained that the changes made to the design will not lead to the destruction of the house.

How much does it cost to divide a house into shares?

When dividing a house in kind, the owners will have to pay a certain amount of money, which varies in different situations.

For example, if the co-owners resolved the problem peacefully and agreed to enter into a voluntary agreement, then they will have to pay for the work of a notary to certify the agreement. The cost of such a service depends on the value of the property that the co-owners are going to divide.

So, if the cost of a house is up to 1 million rubles, the cost of the service will be two thousand rubles, plus 0.3% of the cost of the house.

If the property costs more than 1 million rubles, then the notary service will cost five thousand rubles, plus 0.2% of the price of housing construction.

When dividing a house through the court, the owner who files the claim will have to pay a state fee.

The cost of technical expertise ranges from 10 thousand rubles and above, depending on the complexity and volume of the expert report.

Methods for forming shares in joint real estate

In Art. 38 of the RF IC states that the division of an apartment can be carried out both during marriage and after divorce at the request of one of the parties or at the request of creditors. This procedure can take place in the following ways:

1. Based on the terms of the marriage contract.
2. According to the agreement on the division of property.
3. In a court.

According to the rules of Art. 39 of the RF IC, when dividing real estate and determining shares in it, the parts due to each party are considered equal. At the same time, the judge has the opportunity to deviate from this order, based on special life conflicts, which will be discussed in more detail below.

Challenging the allocation of a share in kind

As discussed above, the courts are always attentive to the possibility of allocating a share in a house in kind. But other property owners do not always agree with such decisions, so challenging the division of a house in kind is not so uncommon. Statistics on consideration of such cases show that courts extremely rarely overturn decisions to allocate a share in kind. However, there are positive solutions, so it is worth considering such situations in more detail.

The main argument of the plaintiffs when challenging the allocation of a share in kind is the deterioration of the technical condition that may arise as a result of the division process. For a positive decision, the plaintiff must provide evidence of the possibility of such consequences. As a rule, this is the conclusion of experts who draw a conclusion about the technical impossibility of the division based on facts that were not known to the experts who previously carried out construction and technical examination.

In addition, the basis for canceling the decision to allocate a share in kind may be the appraiser’s conclusion, according to which the property after division significantly loses its market value or makes the object completely illiquid on the market. As a rule, this is possible if the court initially relied on the cadastral value, which often differs significantly from the market value. For example, the house of citizen D., according to the appraiser, is worth two and a half million rubles. But there is a court decision according to which half of this house should be allocated to her ex-husband.

The proposed version of the division involves the formation of two real estate objects with entrances on two opposite sides, a common roof and wall. According to the appraiser's conclusion, each of the separate halves of the house will have a market value of no more than seven hundred and fifty thousand rubles. Thus, the allocation of the former spouse’s share in kind will entail a serious loss of the market value of the real estate, thereby violating the rights of the plaintiff. The court agreed with the plaintiff’s arguments and overturned the earlier decision to allocate a share in the house in kind.

Note that the courts have ambivalent approaches to these issues, so another court could make an opposite decision. In this case, the court indicates that determining the market value of existing and planned real estate when allocating a share in kind is inappropriate, since a specific, embodied object of right is allocated, and not the possible benefits from its implementation or the process of using it. Therefore, it is impossible to talk about a violation of rights in this case, since each owner receives at his full disposal the property that legally belongs to him.

These circumstances make it extremely necessary to analyze judicial practice on the allocation of a share in a house in kind when filing a similar claim in court. Only on the basis of a detailed analysis can one predict the success of a business, as well as plan participation in it. An experienced lawyer, while preparing for the process, will determine how successful the appeal to the court will be and will always select the necessary evidence base to achieve the desired result of the trial. The help of an experienced lawyer is especially important if the section includes an unauthorized construction. Here, not only law enforcement practice regarding the division of property should be analyzed, but also judicial practice regarding unauthorized construction. Similarly, it is also difficult to allocate a share in a house in kind if there is a dispute over the land plot where it is located. In such a situation, it is necessary to analyze and review judicial practice on land disputes. All this makes the allocation of a share in a house or apartment a very difficult matter, requiring the most careful study of law enforcement practice on a variety of issues in the field of application by courts of legislation in the field of property relations.

Stages of examination

• Study of all documentation for a residential building made available to the expert builder (commission of expert builders);
• Visual inspection of the disputed property with recording of the technical condition of the residential building (since detected deficiencies may prevent the division of the house), determining the percentage of usable (total residential) area in the total area of ​​the household, assessing the possibility of creating separate isolated premises inside the residential building;
• Development of a construction report, which indicates the results of the inspection and lists all possible options for dividing the disputed property.

An example from judicial practice on the division of a house in kind

THE IVANOVS' SPOUSES WERE MARRIED FOR FIVE YEARS . During this time, they purchased a private house in Pushkino with an attic with a mortgage, which they fully repaid in two years and used maternity capital.

During the divorce, the ex-wife stated in court that she paid a quarter of the cost of the house with capital (460 thousand rubles) and asked to take this fact into account during the division, compensating her for these costs by 100% by appropriating the attic.

That is, Ivanova was not counting on half of the house and land, but on the larger part. However, the court did not take this fact into account, since maternity capital is targeted state assistance for certain needs, which includes improving housing conditions.

As a result, the house was divided equally, as was the attic. By the way, the court did not recognize it as living space (according to the examination), but only useful.

Please note that the court made this decision despite the fact that utilities were installed in the attic - light, ventilation, and a heating system.

What property is considered common?

As stated in Art. 33 of the RF IC, the legal regime for the use of property for a married couple presupposes their joint ownership. It is valid when the agreement in the form of an agreement between the spouses or the marriage contract concluded by them does not provide for other options.

Art. 34 of the RF IC says that all goods acquired in marriage are considered common. This includes:

• Salary and other types of income;
• Pensions and social benefits;
• Payment of damages associated with loss of ability to work.

Also, everything purchased with joint money will be common:

• Various types of securities;
• Contributions to the authorized capital of enterprises;
• Shares in cooperatives;
• Real estate.

All of the above, as well as other types of property acquired by a married couple, belong to them as joint property, regardless of the fact in whose name it is recorded or which of them contributed the money.

The spouse who, during family life, raised a child, did housework, or did not earn money due to other circumstances that can be seriously considered, has the full right to common property.

In Art. 36 of the RF IC provides exceptions from the general regulations, according to which an apartment does not belong to common property:

1. Bought before marriage.
2. Inherited.
3. Accepted as a gift.
4. Registered during privatization.

What other pitfalls can you come across when dividing a house in kind?

IT IS WORTH NOTING IMMEDIATELY that if you have started dividing up a house in kind and do not know for sure how the division of a house is done, it is best to seek qualified legal assistance from a lawyer or lawyer.

In these proceedings, the judges themselves often lose sight of important details - the communications section, minor structural elements of the house. And this in the future may lead to a lot of disputes and additional courts, if you want to repair the house and utility networks, sell your part or draw up a deed of gift.

Often, even before going to court, co-owners already live in the house that they have conditionally divided. Often one of the parties lays claim to the rooms it previously used.

But if they exceed the share of one of the co-owners, then the court will not take this factor into account.

It also happens that it is not possible to actually divide a house in kind. Then the plaintiff has every legal right to demand the court to establish rules for using the residential building. In this situation, the court takes into account what kind of relationship has been established between the co-owners, what is the current procedure for operating the house and other minor nuances.

Agreement on the size of shares: nuances and subtleties

Article 254 of the Civil Code of the Russian Federation clearly states the principle by which shared ownership is divided. To begin with, the size of the share of each of the participants in the process is determined. It is considered the same if the situation does not provide for another solution.

But in some cases the shares may be different:

1. The owners agreed on an unequal division of property.
2. The division of property into different shares is required by law.

After establishing the size of the owners' shares, the property becomes not joint, but shared. Then they move on to the question of changing it.

The division of property when all owners come to an agreement is called conflict-free. In this case, the agreement is an act of will, which is equivalent to a transaction. The main thing is that its content clearly indicates the size of each person’s share in the agreed property.

Bottom line

You can divide a house between spouses, children or co-owners if you know all the intricacies of this issue:

• division of a private house is permissible only if the technical component complies;
• old buildings are classified as indivisible real estate;
• if the division is not possible due to small area or necessary reconstruction, then one of the owners must pay compensation at the established price of his share;
• two-story houses are divided in the case of shared ownership or according to No. 218-FZ.

In any dispute, you should know your rights, which will allow you to resolve the matter quickly and without financial expenses. Experienced lawyers of our company are ready to provide oral and written advice, prepare a package of documents or represent the interests of the customer in court.

Allocation of a share based on a marriage contract

In accordance with Art. 40 of the RF IC, a marriage contract is concluded both before marriage and during the existence of family relations, starting its validity from the date of their official registration. It defines the scope of property ownership, including after a divorce, and must be written and confirmed by a notary.

In Art. 42 of the RF IC states that, having signed such an agreement, the husband and wife have the right to change the regime of common property, establishing shared or separate property. At the same time, different types of it can be installed on different objects.

A marriage contract differs from an agreement in that it can be concluded both for existing property and for property that will be acquired. It, among other things, determines what each spouse will receive in the event of a divorce, and also prescribes any conditions under which the apartment is divided. The main thing is that they do not violate the interests of the husband, wife and their children. When concluding a contract, receipt of shares may be made conditional on the occurrence of some event or the fulfillment of some condition.

Based on Art. 43 of the RF IC, a contract between spouses can be changed or terminated at any time by mutual consent.

For example, if at first it was assumed that the spouses determined the shares in the apartment to be equal, in the future it can instead be written down that the wife is owed 2/3 and the husband 1/3. The agreement on changes is drawn up in the same way as the original document. It is not possible to unilaterally renounce a marriage contract.

The contract is also subject to renewal or termination in accordance with a court decision. Its effect ends with the annulment of the marriage, unless it contains conditions regarding divorce.

How is property divided between heirs?

Based on Article 1165 of the Civil Code of the Russian Federation, heirs can enter into an agreement on the division of inheritance that has received the status of shared ownership. The procedure for carrying out the procedure is regulated by Article 252 of the Civil Code of the Russian Federation.

Heirs have the right to enter into a division agreement:

• real estate;
• movable property.

The size of shares can be determined according to agreements reached between the heirs. In this case, it is not necessary to take into account the size of shares prescribed by the notary in the certificate.

The legislative framework provides for restrictions on the division of common shared property when there is a need to protect the rights of one of the heirs:

• If one of the heirs was conceived but not yet born, then the division is carried out when he is born.
• If among the heirs there are those who have lost their legal capacity or people with limited legal capacity, as well as minors, then the guardianship authorities are involved in the process.