Agreement on division of shares in an apartment (sample) 2021

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Real estate is quite an expensive proposition. It is no coincidence that many people register an apartment as common shared or joint ownership. Simply put, they determine the circle of potential owners of residential premises.

Very often the shares of the co-owners of the apartment are simply absent. For example, if housing is owned by a husband and wife, brother and sister, father and daughter, the property is registered as common joint property. But even this form of ownership is not suitable for everyone. Individual co-owners want to determine their shares, i.e. highlight them by making changes to the registration documents.

One way to determine shares in an apartment is to conclude an agreement. How to compose it, what to indicate and how much it will cost – our article is devoted to answers to these and other questions.

It is often necessary to draw up an agreement on the allocation of a share in kind - what kind of agreement is this, who is drawn up and how much it costs, read our article “Agreement on the allocation of a share in kind in common shared property.”

How to correctly draw up an agreement on the division of shares in an apartment

When drawing up an agreement, you need to take into account the rules and features specific to such documents. Otherwise, the notary will not be able to certify the agreement and, as a result, it will not be valid.

Conditions

The agreement may only contain clauses relating to the division of property and the determination of the share of each party. Any other items related to them are also allowed. It is impossible to indicate clauses that define the rights and obligations of one of the parties during their life together. To do this, you should use a marriage contract, which, compared to an agreement, is a more convenient option to determine the rules of the relationship, but it can only be concluded during marriage or before marriage. As a result, it is not suitable for those couples who are planning to divorce (which is when property division is usually required).

Otherwise, the legislation does not limit the parties in any way, except for the fact that they are required to indicate in the document only those objects that belong to them as joint or personal property. In our case, in order to determine and divide the shares in the apartment, it must be registered in the name of the husband and/or wife.

Example : Spouses can divide an apartment into shares if it was purchased during marriage or belonged to either spouse before the wedding (in the latter case, it must first be recognized as joint property). But they cannot dispose of or somehow divide the apartment registered in the name of children, parents or third parties.

Deadlines

This type of agreement can be drawn up during a marriage or after a divorce. It cannot be concluded before marriage (but a prenuptial agreement can be signed instead). If you plan to enter into an agreement after the divorce, you should remember that the spouses have only 3 years from the moment the rights of either of them are violated. In some cases, this definition is mistakenly understood as the date of divorce, but this is not true. The countdown begins precisely from the moment one of the parties learns or should have learned that its rights are being violated.

Example : The spouses divorced, but did not share an apartment. She remained with the wife and the husband, formally, had no claim to the property. A few years later, he wanted to live for a while in an apartment that also belonged to him, but his wife refused. The countdown of the limitation period begins from this moment.

The agreement usually does not imply any duration. It includes items that must be completed immediately (or in the near, adequate time). However, the parties may agree that the agreement does not come into force immediately, but after a month or even a year.

Compilation rules

There are no strict requirements for document formatting. Since the parties will in any case have to contact a notary for certification of the agreement, it is recommended to immediately ask the selected notary for a form and a sample of such a document. It always contains the following information:

Information about the parties to the agreement (full names, addresses and telephone numbers).
A list of property subject to division with a detailed description of each item. In our case, here we need to describe the apartment, how many square meters of residential and non-residential space it has and where it is located.
Describe exactly how the partition will be performed. For example, the wife is allocated a share of 2/3 of the real estate site, and the husband – 1/3.
Property price. Spouses can determine its value themselves, and if this is not possible, then they can use the services of an appraisal company.

You can draw up several agreements regarding the division of property, the main thing is that they do not contain the same positions. For example, spouses can share one apartment in one agreement, and another in another. But not the same property twice.

Expenses

Certification of an agreement by a notary implies payment of a state fee. Its size is 0.5% of the price of the disputed property, and it cannot be less than 300 rubles. There is also an upper limit. So, regardless of how much the housing costs, if the state duty exceeds 20 thousand rubles, then the parties are still required to pay only 20 thousand and no more.

Separately, it should be noted that you need to pay for notary services. Even if he does not help with the drafting of the document, he will still have to review the agreement. On average, such a service costs about 5 thousand rubles. And the services of an appraisal company can cost about 2-5 thousand more.

Example of calculations : The appraisal report says that the property is worth 5 million rubles.
State duty = 25 thousand rubles. Since the maximum limit is 20 thousand, you will have to pay exactly 20 thousand rubles and no more. The notary will require another 5 thousand and 3 thousand must be paid to the appraisal company. As a result, the division of real estate will cost 20+5+3=28 thousand rubles.

Contents of the agreement on determining shares in common property

To prepare the document you will need:

title documents for property - registration certificates, extracts from the Unified State Register of Real Estate
passport details of the parties, registration addresses
marriage documents, birth certificates of children, etc.

Draw up the text of the agreement according to the above example (sample). It is not necessary to have the document certified by a notary. But an appeal to Rosreestr is inevitable, because the transfer of ownership of real estate, which is the subject of an agreement on determining shares in common property, is subject to state registration.

What are the shares in an apartment?

There are two main options for shares in an apartment. Conventionally, they are called “ideal” and “real”.

Ideal

This is the division of real estate into several shares that belong to different people, but in fact, all owners use all the premises without restrictions. This is practically inapplicable to divorcing spouses.

Real

The apartment is divided into actual shares. That is, one owner has specific premises to which no one else has access. But at the same time, all property owners continue to use common premises, such as a bathroom or kitchen. In the case of divorce, this is also quite rare.

Why do you need to determine shares?

Common joint ownership of an apartment does not provide a clear idea of what shares belong to the participants. If you look at the documents, you can only find out the composition of the owners, which in our case is not enough. It is necessary to determine the exact shares in percentage or other ratio.

Situations when it is necessary to determine shares in an apartment:

The active phase of the divorce process is the division of property between spouses.
The desire to decide on shares during marriage - for example, in the case of a desire to dispose of one’s share.
Opening an inheritance case and determining the shares of claimants to the property of the deceased.
Transfer of shares to minor children, including those conceived but not yet born.
Housing is purchased using maternal capital.

There are other situations, but in general the situation is clear - the definition of shares allows you to designate a specific part in the common property. It should not be lower than the minimum parameter for the region - usually the figure is 12-16 square meters. meters per person.

Co-owners can determine shares in one of three ways:

enter into a voluntary agreement;
to divide an apartment under a marriage contract - replacing joint ownership with common shared ownership;
go to court for forced allocation of shares (see “Claim for allocation of shares in common joint property”).

The recommended method is to draw up an agreement and discuss all the terms of a future housing transaction.

Why divide the apartment into shares?

Allocation of the share of one or another spouse will allow them to sell or exchange their part in the future. This requires the consent of all owners. In practice, usually one owner buys out the shares of all other owners and receives the property for his own unlimited disposal. Alternatively, he can exchange any of his personal property for the share of another owner. Of course, such operations require the consent of the other party. You cannot demand to sell a share or force a change.

What is an agreement to determine shares in common property?

This is not about the real division of property that is in shared ownership (or was in common ownership before the allocation of shares). But only about determining the size of shares by agreement between the parties. When determining shares, common property turns into shared property. And only then is it possible to allocate your share in kind. In a pre-trial procedure (an agreement on the division of a land plot between the owners, on the allocation of a share) or by filing a statement of claim.

A popular question is: is it necessary to allocate equal shares to children as their parents (when using maternity capital funds)? It's not obligatory. However, the Pension Fund of Russia recommends taking into account the minimum housing standards that are established in each region (or municipality) and allocating shares whose area will not be lower than the established one. On average, this is 10-12 sq.m.

Features of determining the share in an apartment

During a divorce, all property, including the apartment, is divided into equal shares between the spouses. But this can be easily changed with an agreement. Spouses can indicate any share if it suits both parties. It should be borne in mind that if the property was purchased using maternity capital, the child is also obliged to receive his share of the apartment, no less than the parent’s share.

Despite the absence of strict requirements for the document, in some cases it can be quite difficult to draw it up correctly. Our experienced lawyers can help with this as part of a free consultation. If necessary, we are ready not only to prepare documentation, but also to accompany the entire process of signing and notarizing the agreement.

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Allocation of shares in maternity capital

Maternity capital is one-time financial support for families who have had a second and subsequent child. Initially, the allocation of funds was aimed at improving the demographic situation and creating favorable conditions for the development of the child himself.

In many ways, it is the intended purpose that is associated with the obligations of the parents to enter into an agreement on the allocation of part of the property to the children. In other words, when including capital funds in the mortgage lending program, it is necessary to prepare an obligation with a notary, according to which the parents will assign a certain part of the future apartment or house to the property of their children.

There are two ways to transfer a share to children:

1. By concluding a preliminary agreement. You can draw up the document yourself or go to a notary who has ready-made forms to fill out.

Apartment division agreement

APARTMENT DIVISION AGREEMENT 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 joint ownership, an apartment with a total area of sq.m., a living area of sq.m., located at the address: .

2. The specified apartment belongs to gr. and gr. on the basis of a transfer agreement dated "" year, issued by the city for No., registered in (name of state body) city No. dated "" year, certificate of home ownership No. dated "" year,

certificate No. BTI No. dated "" year.

Common areas are jointly owned.

3. In order to terminate common joint ownership, as well as to allocate shares to everyone in the above-mentioned apartment, we conclude an agreement for the ideal division of living space:

gr. owns 1/3 of the total area of the apartment.

gr. owns 2/3 of the total area of the apartment.

4. The division of the apartment in ideal shares was made with the consent of the parties.

5. Gr. gave gr. 1/3 share of an apartment consisting of rooms with a common usable area of sq.m., a living area of sq.m., located at the address: , the book value of the apartment is rubles, the cost of the specified share of the apartment is rubles.

6. Gr. as a gift from gr. accepts the specified share of the apartment.

7. The use of shares of the apartment is carried out by gr. , in relation to the Rules for the use of residential premises, maintenance of a residential building and local area.

8. Gr. carries out at its own expense the operation and repair of a share of the apartment, and also participates in proportion to the occupied area in the costs associated with maintenance and repairs, including major repairs, of the entire house.

9. The costs of drawing up and executing the contract are paid by gr. .

10. The agreement is drawn up in three copies. A copy of this agreement is kept in the files of the notary's office, and one copy is issued to the parties to the agreement.

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:

"" year, this agreement is certified by me, a notary of the city (name of the notary office, No., date of issue of the license). The agreement was signed in my presence, the identity of the parties was established, their legal capacity was verified, and ownership of the apartment was verified. The text of the agreement was read aloud.

The agreement is subject to registration with (name of government agency). Registered in the register under no. Charged at the rate: rubles. Notary: