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AGREEMENT ON REDISTRIBUTION OF SHARES OF THE TOTAL AREA OF THE APARTMENT AGREEMENT _____________________________________________________________________ (place and date of conclusion of the agreement in words) We, gr. ________________________________________, passport: series ____________ No. __________, issued by _______________________________ ___________________________ and gr. ___________________________________, passport: series ________ No. _____________, issued by _________________ _________________________________________, acting for himself and his minor son (daughter) - gr. ___________________ _____________________________________________, living at the address: (full name of the child, date of birth) ____________________________________________________________________, have entered into this agreement as follows: 1. We own apartment No. by right of equal ownership. ____, consisting of _____ room(s) with a total area of ​​________ sq.m., living area of ​​_________ sq.m., located at the address: ______________ ____________________________________________________________________. 2. The specified apartment belongs to gr. _________________________________ and gr. ___________________ on the basis of transfer agreement No. __________ dated “__”_________ 20___, issued by _________________________________ _______________________________ _____________, registered by the Department of Municipal Housing of __________ “__”________ 20___ for No. ________________ and certificate of ownership of housing No. ____________ dated “__”___________ 20___ Public areas are jointly owned. 3. By agreement of the parties, we redistribute the shares as follows: - gr. ___________________ and gr. ___________________ belong in equal ownership to ___________________________________ shares of the total area of ​​the apartment, which corresponds to room(s) measuring _____ square meters. m. - gr. ___________________ belongs to _________________________ share of the total area of ​​the apartment, which corresponds to room(s) measuring ________ square meters. m. 4. The parties pay the costs of drawing up and executing the contract equally. 5. The agreement is drawn up in triplicate. A copy of this agreement is kept in the files of the ______________________________ notary office, and one copy is issued to the parties to the agreement. Signatures of the parties: ____________________ ________________ (signature) ____________________ ________________ (signature) “__”____________ 20___ this agreement is certified by me, ____________________________________ by 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, the ownership of the apartment was verified. The powers of the minor's representative have been verified. The text of the gift agreement was read aloud. This agreement is subject to registration in _______________________ (name of __________________________ city __________________ state body) Registered in the register under No. ____________ Charged at the rate: ______________________ rub. m.p. Notary: __________________ (signature)

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Agreement on division of property between heirs

A written agreement on the division of inherited property between heirs requires compliance with the following conditions:

  1. Signed by all parties to the transaction.
  2. There is actual separation.
  3. The share is successfully used, indirectly confirming its acceptance.

The possible division of the inheritance by agreement between the heirs allows for some differences from the principle of equal shares provided for by law. The co-heirs may not adhere to it, distributing the property by mutual agreement (for example, common shared ownership of an indivisible object is eliminated). It is allowed to pay compensation in the amount of the difference of the majority in relation to the rest.

What to consider when concluding an agreement on the redistribution of shares in the inheritance:

  1. The debts of the deceased are distributed in proportion to the shares of the heirs who accepted the property.
  2. You can't give up part of your share
  3. An agreement between the heirs on the transfer of a share to a claimant who missed the distribution of the property of the deceased is allowed. This is not regulated or prohibited by law
  4. A voluntary agreement on inheritance between heirs is an opportunity to peacefully resolve the issue of indivisible things (the advantage in the possession of one of the persons may be taken into account)
  5. Concluding a transaction in the presence of minors and incapacitated interested parties requires mandatory approval of the guardianship and trusteeship authorities

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How to redistribute shares in an apartment

Redistribution of shares in an apartment is a rather complicated procedure, because the interests of all parties must be taken into account. It is precisely to ensure that everyone is happy, and also to ensure that each party clearly understands what they are losing and gaining, that an appropriate agreement is drawn up.

Procedure

  1. Discuss the terms of the agreement between all interested co-owners.
  2. Draw up an agreement (see sample below).
  3. Have the agreement certified at any suitable notary office.
  4. With the agreement, contact Rosreestr and make changes to property rights.

Documentation

To conclude and sign such a document, the following package of documents should be prepared:

  • Passports of all parties to the agreement.
  • Passport and power of attorney for the representative/representatives (if required).
  • A document confirming ownership of the shares (for example, an extract from the Unified State Register of Real Estate).
  • The document on the basis of which the right of ownership arose (privatization agreement, purchase and sale, donation, exchange, etc.).
  • Birth certificate (for minors who do not yet have a passport).
  • Permission for the procedure from the guardianship authorities (relevant only for minors).

It is recommended to make copies of each paper. They may be required both by a notary and when re-registering property rights in Rosreestr. In some cases, additional documents may be required.

Expenses

Costs largely depend on the region of residence. So, in Moscow, a notary can charge 5 thousand rubles for certifying such a transaction, in the region 3-4 thousand, and in remote settlements of other regions: 1-3 thousand. In addition, you will need to pay a state fee for making changes to ownership - 2,000 rubles for each person.

Example: If you need to redistribute shares in an apartment so that two shares of 1/2 of the apartment turn into 3/4 and 1/4, this means that you need to make changes to the register twice. As a result, the state duty will be 4,000 rubles.

Deadlines

If desired, the entire procedure can be completed in just a few days. In fact, everything that needs to be done before registering with Rosreestr can be done in just 1 day and after that you can wait until changes are made to the register.

Related documents

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  • Certificate of ownership of land (approved by the Resolution of the Council of Ministers of the Russian Federation dated March 19, 1992 No. 177)
  • Certificate of ownership of land and property shares (appendix to the regulations on the commission for land privatization and reorganization of a collective farm (state farm), approved by the Ministry of Agriculture of the Russian Federation on January 22, 1992)
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  • Agreement between the owner and his family members
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  • Application to the State Traffic Inspectorate for registration of motor vehicles and trailers for them
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  • State act on the right of ownership of land, lifelong inheritable possession, perpetual (permanent) use of land. Form No. 1 (approved by the Post. See RSFSR dated September 17, 1991 No. 493)
  • State act on the right of ownership of land, lifelong inheritable possession, perpetual (permanent) use of land. Form No. 2 (approved by the Post. See RSFSR dated September 17, 1991 No. 493)
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  • Book of records of state acts on the right of ownership of land, lifelong possession, perpetual (permanent) use of land (Appendix 2 to the instructions on the procedure for issuing (replacing) state acts on the right of ownership..., approved by Co.
  • Sample. Extract from the BTI passport. Form No. 1a
  • Sample. Extract from the register of shareholders
  • Sample. Extract from the forms of state registration of rights to real estate and transactions with it (approved by Roskomzem on September 13, 1996)
  • Sample. Agreement on redistribution of ideal shares
  • Sample. Agreement on the division of property between former spouses
  • Sample. Agreement on the division of property between spouses with additional payment of money
  • Sample application to the state traffic inspectorate for registration of motor vehicles and trailers for them
  • Sample. Application to the State Traffic Inspectorate for registration (re-registration) of vehicles (for legal entities) (Order of the Ministry of Internal Affairs of the Russian Federation dated December 26, 1994 No. 430 (as amended dated March 28, 1995))
  • Sample. Application for transfer of ownership of an apartment
  • Sample. Application for consent to privatize an apartment
  • Sample. Transfer order
  • Sample. An approximate package of documents (materials) for issuing certificates of ownership of land shares and the right to property shares (RF Government Decree dated 01.02.95 No. 96)

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