How to properly divide a private house into shares? How to draw up an agreement for the division of a land plot

15

There are a great many situations when the owners of a residential building and the land plot on which the building is erected want to make a real division of property.

Among the most popular:

• division of the house as jointly acquired property between spouses during or after divorce;
• division of an inheritance issued in equal or proportional shares to one or more heirs;
• allocation of a co-owner's share in case of common shared ownership (for example, if we are talking about a house “for 2 owners”).

In any of the listed cases, the parties to the dispute can either resolve the dispute peacefully by making a mutual decision on the division of property and concluding an agreement, or demand the division of property through the court. An example of a voluntary division is an agreement between heirs on the division of inherited property.

What is a division of a residential building in kind?

The real division of a residential building in kind is the division of common property into shares and the transfer of these shares into private ownership. When a property is jointly owned by co-owners, it is very difficult to make decisions related to registration, payment of utility bills, and home repairs. Therefore, the owners allocate their share from the total not only in documents, but also in a separate room. It is practically difficult to implement such a division. There may be several reasons:

• technical;
• financial;
• interpersonal conflicts – the reluctance of residents to come to an agreement peacefully.

When can you divide a house in kind?

To divide a property, you must follow Art. 252 of the Civil Code of the Russian Federation, take into account the technical characteristics of the object and the possibility of implementing the section in reality.

Division of a house in kind is possible if:

• there will be no need for significant restructuring or reconstruction of housing;
• the selected facilities comply with technical and sanitary standards;
• engineering communications are not broken;
• the rights of neighbors are not infringed;
• all rooms are separate, each has a separate entrance;
• allocated premises are suitable for living.

Important. If an object is recognized as emergency, it is impossible to divide it.

How to divide a house in kind

When starting the division process, it is necessary to order a construction and technical examination to determine whether it is possible to allocate a separate area with a separate entrance to each owner.

All changes must be reflected in the expert’s opinion:

1. is it possible to complete the technical part of the section;
2. options for possible redevelopment;
3. cost of construction work;
4. the amount of compensation if it is impossible to divide the object in a proportionate proportion of parts;
5. assessment of the market value of an object divisible in kind.

After the conclusion of the examination, it is necessary to obtain permission to put the reconstructed facility into operation and a technical plan of the building. If it is possible to divide a house, and the adjacent land plot is registered in the cadastral register, then the land plot can also be divided. The allocated areas should not change the type of permitted use.

The cadastral engineer determines the boundaries and size of each plot. If the size of the allocated plot is small, you need to contact the municipality in order to find out the minimum that is established in the region regarding the size of plots (Federal Law of July 24, 2002 No. 101-FZ)

In the event that the size of the allocated plot is less than the established minimum norm, the land will remain in common shared ownership.

How many shares can a house be divided into?

When dividing a house into shares, it is necessary to take into account the conditions for the division established by the norms of Art. 252 of the Civil Code of the Russian Federation and conclusions of construction and technical expertise. The division is possible if:

• there is no prohibition on dividing real estate;
• the general technical characteristics of the facility will not deteriorate;
• the purpose of the allocated parts will not change;
• the price of individual shares is equal to the market value of the entire object;
• Separately allocated rooms are equipped with an individual entrance and are comfortable for living.

The law stipulates that joint property is divided into a maximum of three parts. If there are four or more co-owners, other methods of property distribution are used.

Minimum standard for living space during division

In accordance with Article 38 of the Housing Code of the Russian Federation, the standard living space is 12 square meters per person. This indicator has different meanings depending on the purposes of its use and the region.

If the area of ​​the premises of the allocated share is less than the established norm, division is permitted. An important condition is that all technical and sanitary standards are met.

The critical norm for the allocated individual share is 8.1 sq.m. The area of ​​living space cannot be less than this indicator.

Agreement on the real division of a residential building

AGREEMENT on the real division of a residential building No.

g.
"" g.

Citizen, passport (series, number, issued), on the one hand, and citizen, passport (series, number, issued), on the other hand, hereinafter referred to as the “
Parties
” residing at the address, have entered into this agreement, hereinafter referred to as the “Agreement ”, about the following:

1. We own, by right of common shared ownership, a residential building located at the address , located on a plot of land provided for use measuring sq.m.: gr. - 1/2 share and gr. - 1/2 share.

On the specified land plot there are: one residential log house with a usable area of ​​sq.m., including a living area of ​​sq.m., outbuildings and structures: three stone sheds, a shed, a garage, a greenhouse, a bathhouse, which is confirmed by a certificate from the city technical bureau inventory from "" year for No.

2. 1/2 share of a residential building belongs on the basis of a donation agreement certified by a state notary office according to register No., and 1/2 share of a residential building belongs to gr. on the basis of a certificate of the right to inheritance by law, issued by a state notary office according to register No.

3. In order to terminate common shared ownership, we conclude an agreement for the real division of a residential building:

gr. owns 1/2 (one second) share of the house with a usable area of ​​sq.m., consisting of an isolated part of the main building along the facade, consisting of a room measuring sq.m., a kitchen measuring sq.m., pantry, corridor, veranda, canopy, barn. The entrance is separate.

gr. owns 1/2 (one second) share of the house with a usable area of ​​sq.m., consisting of an isolated part of the main building from the yard, consisting of rooms measuring sq.m. and sq.m., kitchens measuring sq.m., corridor, veranda, two sheds, garage, greenhouse, bathhouse. Separate entrance.

4. The division of a residential building was carried out in accordance with the technical conclusion of the city bureau of technical inventory dated "" year No.

5. We also establish the procedure for using the land plot in accordance with the conclusion of the city bureau of technical inventory dated "" year No.: gr. a plot of sq.m. goes into use. (indicated according to the conclusion of the BTI) gr. a plot of sq.m. goes into use. (indicated according to the conclusion of the BTI)

6. The inventory valuation of a residential building is rubles.

By agreement of the parties, the valuation of 1/2 of the share owned is rubles, and 1/2 of the share owned is rubles.

7. The parties pay the costs of drawing up and executing the contract equally.

8. This agreement is drawn up in 3 copies, one of which is stored in the state notary office, the second copy is issued, and the third is issued.

DETAILS AND SIGNATURES

• Registration address:
• Mailing address:
• Phone fax:
• Passport series, number:
• Issued by:
• When issued:
• Signature:

• Registration address:
• Mailing address:
• Phone fax:
• Passport series, number:
• Issued by:
• When issued:
• Signature:

A COMMENT

Each participant in common shared ownership is given the right to demand the allocation of his share. The possibility of such a requirement arises from the owner’s right to dispose of his share in the common property, including the share of a residential building. The allocation of a share to one of the owners does not terminate the rights of common ownership for the remaining participants. If all participants demand an allocation, the common property is subject to division, entailing its complete termination. At the request of a participant in the common shared ownership of a residential building, the allocation of his share or the division of the house between all participants in the common shared property can be made by the court if the allocated share constitutes an isolated part of the house with a separate entrance (apartment) or it is possible to transform this part of the house into an isolated one by appropriate conversion. When dividing a house, the court indicates in the decision which isolated part of the house is specifically allocated and what share in the house it constitutes. It is also indicated which ancillary buildings are transferred to the allocated owner.

When submitting such a court decision, the alienation agreement indicates the share of the house, as well as specific isolated residential premises and ancillary buildings.

If there is an indisputable relationship between the owners, the agreement on the actual division of a residential building can be certified by a notary. This version of the agreement on the real division of the house is possible provided that the actual division of the house already exists and the ideal shares coincide with the actual occupied area. In most cases, the actual division of a residential building requires the necessary renovations and extensions. In these cases, the division agreement is drawn up with the appropriate permits and after the redistribution of shares between the participants in the common shared ownership of the house.

The right of first refusal is lost after the termination of the right of common shared ownership of citizens to a residential building by dividing it in a judicial or notarial manner.

Where to start dividing a house

Signs of the legality of dividing a house in kind:

1. a dedicated separate room is intended for one family to live in, has a common wall (common walls) without openings with an adjacent room, is located on a separate plot of land and has access to a common area;
2. state registration of the right was carried out and a legal address was assigned;
3. no damage was caused to the property of other shareholders.

After division, each owner can sell, donate, bequeath, or mortgage his part of the property. The first contender for the purchase is a neighbor.

You should start dividing an object in kind in the following order:

• obtain permission for redevelopment for each allocated share;
• issue a cadastral and technical passport;
• carry out land surveying and prepare the necessary documents;
• draw up an agreement;
• register the property with the state cadastral register;
• register property rights;

How to divide a house into two owners

A house for two owners has two separate entrances and a postal address. The type of the house is multi-apartment, and the category of land is for individual residential construction. In this situation, the procedure is as follows: register the object as common shared ownership (this confirms the intended use of the land) and then allocate shares in kind, as described above.

Important! For objects built in 2006 and later, you must first obtain a certificate of commissioning of the object and then allocate shares.

Method No. 2. Dividing a house into two separate buildings

Dividing a house into two separate buildings is called allocating a share in kind. The essence of this method is to transfer to each of the parties an isolated room suitable for habitation . This is the most common way of dividing a home between two owners.

The main advantage is that each owner can sell his share without the consent of the other homeowner. Please note that this method is not suitable for dividing single-family houses; in this situation, you will have to look for other ways to solve the problem.

The allocation of a share in kind is possible subject to the following conditions:

• each owner must have a separate entrance;
• the allocated part of the property must be suitable for living;
• living quarters are completely isolated;
• division of the land plot is mandatory.

If the building is in disrepair or dilapidated condition, or is unsuitable for habitation, the allocation of a share in kind is impossible even in court.

As in the previous case, it is better to divide one building into two houses through a peace agreement. Unlike the previous method, allocating a share in kind involves paperwork. Here's what you need to prepare:

1. Legalize redevelopment and make changes to the technical plan of the house. When allocating a share in kind, redevelopment is almost always carried out.
2. A complete package of documents is drawn up for each part of the house. In particular, a technical and cadastral passport is ordered. The division of the land plot is carried out by land surveying, about which there must be a corresponding document. All outbuildings on the site are also registered with the state.
3. A written agreement is drawn up between the owners on the allocation of a share in kind. If the division does not occur in equal shares (one half of the house is larger), monetary compensation is negotiated.
4. The package of documents is submitted for consideration to Rosreestr. If the division of real estate does not contradict current legislation, then in two weeks each of the newly created owners will receive ownership of part of the house and the surrounding territory.

If a peaceful settlement is impossible, then the allocation of a share in kind occurs through the courts. Please note that any of the owners can file a claim. This is a rather troublesome option that will require significant financial costs from the plaintiff.

The fact is that a technical plan for dividing the house must be attached to the claim. If this document is missing, the court appoints an independent expert examination, which determines options for dividing the property. The costs naturally fall on the plaintiff.

It is worth noting that if the appointed expert neglects his duties, you will most likely receive a conclusion that it is impossible to divide the building. Accordingly, there will be no grounds for litigation. If you decide to go this route, then take care of the technical documentation in advance.

Options for dividing a private house into shares

You can make a real division of the house and land:

1. by agreement;
2. through the court.

Features of the agreement section

Procedure for dividing a house:

• get together and resolve all controversial issues
• draw up technical passports for the facility as a whole and the planned individual premises;
• sign an agreement on the division of shares in joint property;
• assign cadastral numbers to newly formed objects;
• registration of termination of the right of common shared ownership.

Sample agreement on division of a residential building

After allocating shares in the building, you can allocate shares of the land plot. Submit an application for land surveying. Draw up technical plans for new areas. Assign cadastral numbers to the selected areas. Register ownership of new land plots.

If the land was under the right of use, you will have to enter into lease or use agreements.

Sample agreement on division of land

Features of partition through court

It is not always possible for the parties to reach an amicable agreement, and then the issue is resolved in court. The application is submitted to the district court at the location of the disputed real estate. Sequence when going to court:

• application for a cadastral engineer;
• allocation of shares;
• drawing up and filing a statement of claim in court;
• participation in court hearings;
• obtaining a writ of execution;
• registration of property rights;

Sample claim for division of a house

How to avoid mistakes in the statement of claim or violations of the requirements of Art. 131 of the Code of Civil Procedure of the Russian Federation for the contents of the document, read in detail in the article Claim for the division of a residential building in kind between the owners

Claim for allocation of land in kind

How to divide a plot of land and a residential building

In order to make a real division of the house and land, you can go in two ways, namely:

• enter into a voluntary agreement;
• resolve this issue in court.

Of course, the voluntary method of division is simpler and cheaper for the parties, and also does not require lengthy consideration, unlike a lawsuit. Alas, it is sometimes difficult to obtain consent and cooperation from the second owner for the division of a house and land, so such disputes often lead straight to court.