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Shared ownership can be registered in the name of relatives or strangers. From the point of view of the law, this is not so important, but the accuracy of determining the share of each owner is an important point. The share is calculated based on the total area and taking into account the number of residents of the house.

The law allows three options for allocating shares:

Based on the agreement of the owners.
Separation of one owner's share from common property.
Division of property in court.

Of course, it is better to divide the shares by agreement of the parties and not bring the matter to court.

How are shares in an apartment calculated?

Before dividing shares, it is important to accurately determine the size of the total area of the house. This value can be divided proportionally to the number of owners.

The calculation is affected by:

Number of shareholders. If there are many of them, then the share of each owner may turn out to be very small.
Indivisibility of property owned by several people on a common basis.
Equality of shares established by Article 245 of the Civil Code of the Russian Federation. This requirement can be circumvented through an owner agreement.
Allocation of a share in kind by remodeling the house and separating the premises with its own entrance. For such allocation of shares there must be technical capabilities.
A one-room apartment can only be divided into shares legally, since the type of premises itself does not allow the allocation of real shares in the form of rooms.
By agreement of the co-owners, shares can be of any size. Equality of shares in this case is not a mandatory requirement.
If one of the owners received a room whose area exceeds the size of his share, he must pay compensation to the other owners of the house or apartment.

In addition, there are a number of nuances that need to be taken into account when dividing shares.

From the common share or residential

The area of the apartment includes both residential and non-residential premises, which are in common ownership and cannot be allocated to someone’s separate share (kitchen, bathroom, etc.).

But in this case, the shares are calculated based on the total area.

Therefore, to allocate a separate room within the framework of an agreement between the owners, one must proceed from the size of the share of this owner in the total area of the apartment. The remainder of his share in common facilities (bathroom, corridor, kitchen, etc.) will be equal to the shares of other owners in them.

From the general share or residential?

It is advisable to seek compromises and not bring the matter to trial. It is very useful to use an online calculator or calculation formula. You will learn about all the subtleties with fractions, fractions and square meters from our article.

How are shares in an apartment calculated?

Residential share - presented in the form of a separate room (for example, one of the owners of a 2-room apartment has a bedroom of 15 m²).
Common is a part of housing, consisting of residential and non-residential space, which belongs to a person.

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How to calculate a new share in an apartment if existing shares are redistributed? In this case, the rights of one or more shareholders are subject to change, due to which a new accounting unit appears.

The resulting amount may be ordered by the court to be paid to the person who demands the allocation or division of shares. The formula for calculating the share for each person when buying an apartment allows you to take into account the interests of each owner of the share in common law. Compensation can be calculated in a similar way when a share is alienated to third parties and the right of pre-emption is exercised.

Online calculator

The service how to calculate shares in an apartment calculator will allow you to establish the specific size of the allocated unit by the ratio of the total area of such an object and the living area per individual family.

The value of the share can be cadastral or market, as well as the price of the total property. At the same time, the cost of the share is always less than its actual price, since the buyer does not receive the entire object. The most profitable option is to sell the entire apartment by agreement with the owners. The money received will be divided according to the sellers' shares.

title of the document, address and date of preparation;
information about the owners - full name, passport details, addresses, contact information;
information about the apartment: address, cadastral value, entrance, floor, residential and non-residential area, number of rooms, other information;
title documentation for the apartment;
an indication of the owners’ desire to establish common shared ownership instead of joint ownership;
digital value of the share;
area for each person;
rights and obligations of the parties;
additional terms of the transaction;
number of copies of the drawn up agreement, their storage addresses;
signatures of the parties to the transaction, their full names in the unabridged version.

Drawing up an agreement

This option requires the general consent of all homeowners. The agreement is drawn up in writing and must be notarized. At the same time, if only close relatives are involved, you don’t have to contact a notary agency employee.

How to calculate the value of a share in an apartment if you need to determine the amount of compensation for the court? You can calculate the cost of a share in common ownership in an apartment using an online calculator for calculating the area to be purchased, as well as drawing up a report on the market value of the property.

The right to own a share in an apartment is a very common and controversial type of property in our country. Most of our compatriots own living space together with their family on the basis of common property, which, according to the Civil Code, can be either joint or shared. In the latter case, the right to own a share of the apartment is determined.

How to calculate shares in an apartment online calculator

Before you start calculating shares, you need to establish the total area of the living space - in square meters. Based on this indicator, apartments can be divided into parts in proportion to the number of co-owners.

When making a request to allocate an independent share, keep in mind that it is not always possible to do this in kind. Very rarely, the number of meters due to a tenant is equal to the size of one room. This issue is usually resolved by paying monetary compensation in favor of the remaining owners.

Here the percentage denotes the commission, which is a characteristic of the employee’s work. Interest is used in various statistical calculations, in many areas of economic activity, accounting, and in financial institutions (when calculating payments on loans, deposits and other financial services).

Section stages

If you compare this formula from Excel with the usual formula for percentages from a math course, you will notice that it does not multiply by 100. When calculating a percentage in Excel, you do not need to multiply the result of division by 100, since Excel will do this automatically if for the cell Percentage format is specified

If the family into which the second child was born also belongs to the category of a young family, that is, the age of the parents (or one parent, if the family is single-parent) does not exceed 35 years, then this family has new opportunities. According to the subprogram “Providing housing for young families” of the federal target program “Housing” for 2011–2015, young families with a child can count on a subsidy in the amount of 35% of the average cost of housing allocated to applicants (30% if there are no children in the family).

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The legislator approved a provision according to which several owners have equal rights to apartment premises, with the exception of a number of situations. That is why, when determining share indicators, it is necessary to first calculate the ratio of the total area of the object to the parameters of the living space per each owner.

Section on shares of communal apartment

Number of sharecroppers. The more applicants for the allocation of a separate unit of living space, the fewer square meters they will get.
If real estate is classified as joint property, it is not subject to division into shares.
Initially, the shares of residents are absolutely equal (clause 1 of Article 245 of the Civil Code of the Russian Federation). If users intend to deviate from the principle of equality, they will have to enter into an appropriate agreement.
When dividing one-room apartments, shares cannot be expressed in the form of separate rooms, since this is impossible with the existing layout.
By allocating a share in kind, separation from shared ownership is allowed. Allocation in kind involves the creation of an autonomous separate room with a separate entrance, access to communications and utility networks.
If the footage of the received share does not correspond to the declared parameters, the co-owner has the right to expect payment or receipt of compensation from other owners. In this case, he loses ownership of the share in favor of other owners.

allocation of a share in kind is rarely possible, since the size of such units almost never coincides with the boundaries of separate rooms;
compensation for the cost of the share will be necessary if it is impossible to allocate independent accounting units in kind.

Apartment share tax

11.2. Hello. It is not entirely correct to talk about privatization in its real sense in relation to a cooperative apartment. Still, privatization is the transfer of the right to property from the state. In this case, privatization is a procedure for registering property rights. This does not change her status. If your parents paid the share while they were married, then it is joint property. Each spouse gets ½. Then, after your mother’s death, her share will be divided equally between the first-priority heirs according to the law, if there is no will.

15.1. If the husband is ex, then the real one has nothing to do with the family, incl. and to calculating the level of property security. About the Procedure for assessing need based on property security to provide social support measures to low-income families More details >>> 2.1. Family members own no more than one residential premises or there are two or more residential premises, the total area of which is no more than 18 square meters for each family member. But his share must be deducted from the sum of the square footage of both households.

How to determine the amount of compensation?

It is impossible to divide a one-room apartment into separate rooms, and that is why it can only be divided according to shares in the right of common ownership, since it is impossible to allocate a room in it that will have a separate entrance.

Agreement on determining shares

If there are good relations between the owners of the living space, then it is possible to agree on the division of property without any conflicts or litigation. This is the best option because it allows you to take into account the interests of each owner. The court, based on the law, will simply divide the apartment into equal shares. And the agreement can determine each owner’s share of a different size. For example, some will get a larger room, and some will get a smaller one, but with a balcony. As a result, everyone will be satisfied, especially since their property will not include abstract shares in square meters, but their real embodiment in the form of specific rooms in the apartment.

If the apartment is communal

How to calculate the share in an apartment if it is communal? A feature of such housing is the presence of isolated rooms and common space. This space includes non-residential premises, the right of use of which is available to all residents. Specific rooms are allocated into shares on the basis of Article 42 of the Housing Code of the Russian Federation.

The owner has the right to dispose of his share without taking into account the opinions of other residents of the communal apartment. The calculation of the share includes an isolated room and a part of the common space.

If maternity capital was used

Using maternal capital to buy out a share requires taking into account the interests of the children and husband, namely, allocating them a percentage of this share. You can calculate the share of each family member in advance, or within six months after the purchase and sale transaction.

At the same time, the law allows the determination of shares by concluding an agreement between spouses. For example, they can allocate half of the apartment to themselves, and a third to their children. But it is important to comply with the requirements for the minimum allowable size of living space per person. Sometimes this is very difficult to do if the apartment has a small area.
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Questions and answers about everything in the world

If you have any questions related to obtaining information about the owners of apartment shares, our website specialists will provide you with advice free of charge. They will tell you where it is best to go in your particular case, what documents to collect, and also answer other questions you have.

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If maternity capital was used

Housing in common shared ownership is registered to several owners. They may be relatives to each other or be strangers - it is not so important. It is much more important to calculate the shares in the apartment based on the total living area and the number of living co-owners. This calculation will allow you to avoid legal, everyday, personal and other disputes about the apartment.

Regardless of how exactly the common non-residential area was distributed, both owners have the right to unlimited use of it. However, the option of concluding an agreement on who, when and at what time has the right to use specific premises is often practiced. Example : An agreement may include a ban on taking a smartphone, laptop or books into the bathroom or toilet in order to avoid staying there for a long time. A ban on cooking certain, particularly odorous dishes can also be used (for example, you can’t fry fish at home). And often the refrigerator is also divided. For example, the top shelf belongs to one owner, and the bottom to another.

Since both owners want to own a separate living space, it is quite logical that one will have more and the other will have less. It will be possible to divide it differently only after redevelopment, if it is even available in this case. We will not consider this option. In total, in the end, one owner will receive 5/10 of the residential property for use, and the second – 3/10. But common, non-residential premises are also subject to division. In this case, everyone will receive 1/10. In total, owner No. 1 will have 5/10+1/10=6/10. And owner No. 2 will have 3/10+1/10=4/10.

Appeal to judicial authorities

A single formula used to identify the share of 1 owner is based on identifying the area of the apartment, the size of the owner’s property (if only part of the property is owned), and the sum of areas classified and accounted for in the category of common property.

One of the important parts of the general property law of multi-family houses is the land under the house and the adjacent plot assigned to a specific house. The owners own this land jointly, and therefore manage it within the scope of their rights. The land and the equipment and structures located on it are in need of repair and maintenance. All apartment owners are given the right to vote and receive responsibilities to take care of landscaping according to the calculation of the share of the land plot.

Determination of the share in the land plot under an apartment building

Owning real estate involves having rights to housing and land. Apartment owners can also own land located under an apartment building, as well as other property directly related to the apartment complex. In order to have a complete understanding of the scope of rights each homeowner has, it is necessary to study how to determine shares in common shared ownership. Information about the scope of property rights is important for management, making important decisions, and bearing responsibility for the proper condition of common property and the entire complex of apartment buildings.

The division in this case involves the allocation of an isolated room for one or several owners with the right to a common living area, for example, in a multi-room apartment, one of the residents is allocated a room. But there is also common joint property: bathroom, kitchen, hallway.

To clarify the amount to be paid as compensation, you must first calculate the share of the apartment online, and then make a proportional relationship between this indicator and the total market value according to the appraiser’s report.

How to calculate the share in an apartment: formula

The specific calculation of shares in an apartment occurs as follows. The first step is to determine:

Total area of the apartment.
The size of residential and non-residential space.
Number of co-owners.

The next step is to determine the ratio of the total area, residential and non-residential square meters.

From the calculation of both spaces, it is necessary to determine the share of each owner.

The calculation formula looks like this: a/c + b/c = d, where:

a – living area.
b – non-residential.
с – number of shareholders.
d – share of one tenant.

This formula allows you to calculate equal shares in common property.

How does the residential share differ from the total share?

First, the size of the owner's total share is determined. In addition to the living space, this may include a corridor, bathroom, kitchen, toilet, pantry, balcony. These objects are by default considered the property of all co-owners.
Separation of living space from common property. We are talking about a room that will be assigned to a specific person.

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Conclusion of an agreement on the allocation of shares

Residential. Presented in the form of separate rooms. For example, a two-room apartment is in shared ownership. One of the shareholders owns a bedroom with an area of 12 m2, and the second has a living room with an area of 20 m2. The kitchen and bathroom are not classified as living space.
General. This is part of a residential premises, including both residential and non-residential space, owned by a specific person.

You can calculate the share in an apartment for redemption using the online calculator on our website, which allows you to set the size of shares even in the most difficult cases, when the total and living area of the apartment is divided among a large number of people.

How to calculate shares in an apartment in fractions

The above formula is simple and convenient, but it is not suitable if you need to divide the apartment into unequal shares. Article 245 of the Civil Code determines the possibility of increasing the share through inseparable improvements to the living space. These are considered to be repair work that cannot be separated from the room itself (hanging wallpaper, installing new plumbing, etc.).

In this case, to calculate the share, you need to use a formula that takes into account fractions.

For example, three owners want to share an apartment in which each of them occupies rooms of 14, 12 and 9 square meters, respectively. The area of the total space is 15 meters. It is divided equally, each owner's share will be equal to 5 square meters.

In this case, shares in the apartment can be calculated using the formula:

14/100 + 5/10 = 19/100

12/100 + 5/10 = 17/100

9/100 + 5/10 = 14/100

These values can be fixed in the agreement of shareholders.

How to calculate the share in an apartment yourself online - formula and calculator

Distribution of property into shares is one of the possible forms of joint ownership, use and disposal of residential real estate. From this material you will learn how to calculate the share in an apartment or divide joint property between family members?

How is an apartment divided into shares?

You can divide an apartment into shares for any form of ownership. Joint ownership allows you to allocate part of the housing for each of the co-owners, and the presence of shared ownership allows you to redistribute existing shares or allocate new ones.

Division or separation of individual units from common law is permitted in the following ways:

by mutual agreement of each owner of the object;
as a result of judicial proceedings.

The legislation establishes a fundamental difference between the concepts of division and allocation of shares. In the first option, the common rights are divided into two or more independent legal units, while as a result of the division, the common ownership of the object remains in force along with the emergence of a new independent unit.

In order to allocate the share of each family member in the common right to a property, it is necessary to take into account the rule according to which all participants in joint property have equal rights.

Consequently, unless otherwise provided by agreement of the parties, the common law will be divided by the number of its holders.

Section on shares of communal apartment

Communal apartments initially implied a shared use of the property, where residents received the right to only part of the living space, as well as a general right to utility rooms (kitchen, corridor, etc.).

The emergence of the opportunity to dispose of rooms in communal apartments as an independent piece of real estate required citizens to allocate their share in common law.

The calculation of the allocated unit is carried out based on the living space of the communal apartment occupied by citizens, while the final share of the co-owner includes the living space that belonged to him before the allocation, as well as part of the total area of such an apartment.

Registration of ownership of a share in a communal apartment occurs regardless of the rights of other owners and is confirmed by an extract from the Unified State Register of Real Estate.

Regulatory regulation of the procedure for distributing shares between apartment owners is carried out by the following legal acts:

Civil Code of the Russian Federation;
Housing Code of the Russian Federation;
Federal Law No. 218-FZ “On State Registration of Real Estate”;
Instructions on the procedure for recording housing stock in the Russian Federation.

It is important to understand that not a single regulatory legal act contains specific options for dividing shares, with the exception of recognizing the equality of rights of the parties to joint property.

Therefore, the fundamental point in resolving disputes between the parties will be the conclusion of a voluntary agreement between them.

Calculating shares in an apartment, knowing the area, is easiest to do by concluding an agreement between all owners of the property. Moreover, such an agreement allows you to deviate from the basic rule of equal rights of participants and establish a larger or smaller share for each of them.

All persons who have rights to the property must participate in the agreement, otherwise its conclusion will be impossible.

In order to respect the rights of each participant when forming the size of individual common property units, it is necessary to determine how to calculate the share in the common property right calculator.

How to calculate the share in an apartment?

To calculate each tenant's share of the common law, an owner's share formula can be used.

To do this, you need to know two quantities:

total area of the facility;
living space per each co-owner.

To establish the size of the share, the ratio of the total area of the property to the residential area of each participant is initially calculated. Then there is an equal distribution of the common area to each of the owners.

For example, there is an apartment with a total area of 90 square meters. m and 3 owners. In this case, each person is entitled to 30 square meters. m, since 90/3=30.

In the next section we will give an example of calculating shares in an apartment based on the basic indicators of the total and living areas.

Calculation formula in fractions

To calculate the share, we use the following data for a two-room apartment:

total area - 100 sq. m.;
The living area of the rooms, each of which belongs to different owners, is 30 and 40 sq. m. m.;
area of common areas - 30 sq. m.

For rooms, the share percentage will be: 30/100 and 40/100 shares. Since the area of common areas must be divided on equal terms between each owner, 15/100 must be added to the indicated values.

Thus, the final share for each shareholder will be:

30/100+15/100=45/100

40/100+15/100=55/100.

It is in this ratio that the right of common shared ownership will be registered when concluding an agreement between the parties.

If an agreement is not reached between the parties, the division and allotment of shares will be possible only in court. The requirement for the division and allocation of independent units must be made taking into account the following features:

allocation of a share in kind is rarely possible, since the size of such units almost never coincides with the boundaries of separate rooms;
compensation for the cost of the share will be necessary if it is impossible to allocate independent accounting units in kind.

The parties may agree to use the cadastral value to compensate for the calculation of the share, however, in practice it is the market price that is used.

Online calculator

You can find out the tax rate for your share using the following indicators:

the value of the owner's share;
basic property tax rate;
the amount of the cadastral or inventory value of the object taken into account when calculating the tax.

The total amount of the tax payment coming to the whole object (apartment) and calculated based on the multiplication of the tax rate by the cadastral (inventory) property indicator must be divided by a specific indicator of the share in common law.

The resulting total will be the amount of the tax payment attributable to the share of the specific owner. Get free legal advice

How to calculate the cost of a share in an apartment

The cost of housing can be cadastral and market. The price depends on many factors, such as the location of the apartment, the infrastructure of the area, etc.

Naturally, the share in the apartment will also have a certain value, calculated from the total cost of the apartment.

If the cost of the entire apartment is 8 million rubles, and three people own it, then the value of each of them’s share will be equal to 2,666,666 rubles.

But if the shares are unequal, then to calculate the cost of each of them you need to multiply the size of the share by the price of the entire apartment.

So for the owner of two-thirds, the cost of the share will be 5,333,333 rubles, and for the two remaining owners of one-third - 1,333,333 rubles for each share (that is, for one-sixth of the entire apartment).

How to calculate tax on a share in an apartment

Shares in an apartment must be calculated not only to conclude transactions for the sale of this property, but also to correctly calculate property taxes.

This value depends on the cadastral value of the apartment. This amount is indicated in the cadastral passport and extract from the Unified State Register of Real Estate.

For 2021, the following system of real estate tax rates is in effect in Russia:

The cost of the share is less than 300 thousand rubles - 0.1% of it.
Cost 300-500 thousand rubles – 0.3%.
Over 500 thousand – 2%.

However, it must be taken into account that at the regional level, rates may differ, both up and down.

Features of valuing a share in an apartment

Sometimes an additional assessment of the share's value is required. This may be needed for:

Transactions with shares.
Her insurance.
Use in the authorized capital.
Resolving disputes during divorce.
Collateral when receiving a loan.

It should be taken into account that the assessment of the share is possible only after determining the cost of the entire apartment.

Only a specialist can carry out an assessment. This is not a simple procedure, since the share price depends on a number of additional factors. A reduction factor is usually applied to it, because the presence of other owners and tenants in the apartment reduces the real market price of the share. But what exact coefficient will be applied depends on many factors, including the size of the share.