Agreement on termination of shared ownership and real division

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When the need arises to actually divide property that is in common shared ownership, this can be done in two ways: through an agreement or through the court. The first option is much more convenient, faster, simpler and cheaper. The second should be resorted to only in cases where the parties cannot agree and find common ground of interests.

How to correctly draw up an agreement on the termination of shared ownership and on real division

This type of agreement is a standard document similar to any other agreement. When drawing it up, you should take into account the main features and points that must appear in it, as well as the fact that such agreements must be notarized without fail. Otherwise, they have no legal force.

Procedure

1. Assess the property to be divided. By agreement between all owners, this can be done independently or, if one of the share owners disagrees with the assessment, order it from a licensed appraisal company. It should be remembered that the price must appear in the agreement, since it affects the amount of the state duty.
2. Agree all conditions with the owners. If at least one of them is not satisfied with the proposal of the majority, the deal will not take place and it will be impossible to certify the agreement.
3. Draw up an agreement based on the rules and sample below. The document must indicate all owners of shares of the property that is planned to be divided.
4. Have the application certified by any convenient notary. It is recommended that you ask him for a sample and an application form to make the work easier for you and him.
5. Contact the BTI with a request to provide the new owners of the divided property with technical passports.
6. Register ownership in Rosreestr, based on a new registration certificate and a certified division agreement.

Drawing up an agreement

An agreement is an official document that must contain the following information:

• Passport details and full names of all owners of property that is subject to division.
• A description of the property planned for division with a clear definition of all elements, square footage, purpose, if we are talking about a land plot, then also a description of all the buildings on it.
• Data from the technical passport of the BTI.
• Agreement price, defined as the total value of the entire property. The parties can agree that when paying the state duty, they contribute amounts commensurate with their share in the specified property.

Example : A plot of land is owned by 3 people. One has 30%, the second 50% and the third 20%. When paying the state duty, they can pay the required amount in the same ratio. So, half will be paid by the one who owns 50% of the plot, a third will be paid by the owner of 30%, and the rest will be paid by the third owner.

• Description of the current situation with shares. Here you need to indicate who owns what part of the property and on what basis.
• Information about the status of the property and possible problems. It indicates whether the object is collateral, whether it has been seized, and so on.
• A clear description of exactly how the owners of all shares see the future division of property.
• Conditions for the use of common buildings/things. This is relevant if the property contains objects that cannot be divided, but certain parties to the agreement have a need for use.
• Date and signatures of all owners.

Required documents

Since the agreement deals with a specific object, the notary may need the following documents for certification:

• Registration certificate or other similar documentation for the property.
• Documents confirming ownership.
• Passports of all owners.

If the division is between spouses, a marriage or divorce certificate will also be required. In addition, depending on the specifics and features of the property to be divided, the notary may request other documents. It is recommended to take with you everything that is related to the shared object or clarify this point in advance with the notary’s office.

Deadlines

An agreement can be drawn up at any time when the parties agree on how they will divide the property. In the case of spouses, the agreement can be drawn up both during marriage and after divorce. The statute of limitations does not play a role in this case, since it is relevant only for situations where disputes are resolved in court. The entire operation, including the preparation of the document and its certification by a notary, takes a maximum of several hours (provided that all parties have already agreed on all points). It usually takes several days to formalize and receive a new certificate of title.

The procedure for dividing a land plot and a house through the court

If agreement between the owners could not be reached, then the only opportunity for the initiator to separate from the common property the parts of the house and land plot due to him is to send a statement of claim to the district court.

Step-by-step instruction

You must act according to the following algorithm:

1. After we have found out that it will not be possible to divide the property by mutual agreement, we call an engineer from the cadastral chamber to the site so that a specialist can draw up a survey file.
2. We undertake the responsibility for distributing shares as a percentage.
3. We draw up a statement of claim and, together with other documents, send it to the secretariat of the district court.
4. We actively participate in court hearings, defending our position.
5. After the verdict is rendered, we receive a writ of execution, attach an application for registration of property rights to it, and submit everything to Rosreestr.

If the court does not satisfy the claims, the decision can always be appealed to the appellate authority within 10 days from the date of receipt of the court decision.

Statement of claim

Errors in the statement of claim may result in refusal to accept it for consideration. Therefore, take a responsible approach to drafting the document. The requirements for claims are contained in Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation.

Any claim for the division of a private residential building and adjacent land must contain the following information:

• name and address of the court;
• Full name, passport details and contact details of the parties;
• information about the cost of the claim;
• a detailed description of the problem, characteristics of the disputed objects, the order of their distribution;
• references to regulations confirming the violation of the rights of the plaintiff by the actions of the defendants;
• requirements to the court;
• list of attached documentation
• date and signature of the plaintiff.

Documentation

Along with the claim, copies of documents must be submitted to the secretariat of the district court.

Deadlines

The trial will take a minimum of 60 calendar days.

Be prepared that if the court requires an independent examination, the litigation may last up to six months.

Price

Such claims are of a property nature, so the state duty is calculated based on the price of the claim. In 2021, its size is at least 400 rubles, maximum – 60 thousand rubles.

Additional expenses:

• state duty to Rosreestr – 350 rubles;
• extract from the Unified State Register of Real Estate – 400 rubles;
• cadastral plan - 1500 rubles.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

The judicial procedure for separating a share from joint property is very difficult. That is why contact the specialists of our website to get a free consultation before filing a statement of claim.

The participation of an experienced lawyer in the proceedings will significantly save your time and effort. After all, a specialist, acting on your behalf under a power of attorney, will be able to collect documents, take actions to reach a peaceful agreement, go to court, and also register changes in property rights in the Unified State Register of Real Estate.

Options for real division of property

In most cases, the real division is relevant for land plots or private households. It is used less often for an apartment and almost never for any other type of property. In the usual manner, the property is simply physically divided into several parts (fences are installed on the site, new partitions are installed in the house). But in some situations, when it is not possible to actually divide a particular object, the parties can agree that the shares are redeemed or exchanged for other property. In fact, this will no longer be a separation agreement in its pure form, but it may include similar clauses.

The actual division of property with the simultaneous termination of shared ownership can be a rather complex process, especially when the property has many owners with different interests and parts of ownership. In such a situation, it is recommended that you first discuss the issue with experienced lawyers at our free consultation. We will be able to determine the main points of the division of property, elements that deserve attention, and even help with the support of this transaction.

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Briefly about voluntary separation

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

Voluntary division of a plot of land in shared ownership has a number of advantages:

1. Efficiency. Within a few days you can register property in new shares;
2. Saving. Voluntary division of land will cost several times less than a full-fledged trial with examinations, the help of a lawyer and many other problems;
3. The ability to settle all the conditions yourself. The court is limited by law. The parties can agree on anything, up to and including providing a share of a car plot or other property instead of the cost.

In any case, the first thing you need to consider is options for voluntary separation. Then, if an agreement cannot be reached, you can go to court and demand a forced division of the plot in court.

You can also additionally look at the material “Dividing a land plot into two”.