A fairly common form of ownership of housing in Russia has become shared ownership. Apartments that are decorated in this way are sometimes very difficult to sell. And there are reasons for that. But this does not scare citizens. All the same, they try to register real estate if not in private, then in shared ownership. But how to do that? What features of this process should be considered?
Different forms of ownership
In Russia, several types of ownership are provided. There is a private, shared and joint. Before you start paperwork, you must clearly understand the differences in these types of property ownership. Not everyone sees the difference, for example, between shared and joint ownership.
A private form of ownership is when a person is the sole owner. He may, without the consent of the tenants, carry out operations and transactions with the apartment. The most profitable option.
Fractional ownership - real estate has several owners. Their shares are clearly defined. That is, everyone has the right to conduct transactions exclusively with his part of the apartment. To simplify the process, it should be established in court who and how much of the property will belong in accordance with certain shares.
Joint ownership is a type of property that has several owners. But they dispose of them in full measure on an equal footing. That is, the shares of citizens are not determined. This option is the least convenient for the population. Especially for those who decide to sell property.
Now it’s clear what constitutes a shared ownership of the apartment. If we talk about the registration of real estate for several owners, this is the most profitable scenario.
When may occur
Many are interested in when exactly shared ownership appears. After all, you can often find property that is jointly owned. In total, there are several scenarios. Shared ownership of an apartment occurs in the following cases:
- If a citizen receives an inheritance. If there are several heirs, the apartment and other real estate are executed in shared ownership.
- When the sole owner decides to sell part of the apartment to one or another person. Not the most common scenario.
- Fractional ownership of the apartment is found upon execution of the gift agreement. It can be composed in favor of several persons. Then the owners will be owners in shared ownership.
- If the property is bought by several people. For example, husband and wife. In this situation, they enter into shared ownership. But if the property is acquired by only one person, a joint form of ownership will appear.
- In the presence of prescribed shares in the marriage contract in respect of property acquired by spouses. Husband and wife can clearly indicate how much and to whom will belong when buying an apartment. This rule applies not only to new, but also to already acquired housing.
- The purchase of real estate was carried out using maternity capital. In this situation, shared ownership occurs between parents and children. This is a fairly common practice that has been used in Russia recently.
It is worth noting that owners in joint ownership of property can at any time draw up a share form of disposition of property. But from the last to the joint transition will not work.
Start of registration
So, now it is necessary to correctly issue an apartment in shared ownership. This can be done without any problems. Just a few steps - and the job is done. It all starts with the receipt of documents confirming ownership of real estate. Accordingly, from all the foregoing, we can conclude that the following papers can be evidence:
- contract of sale of an apartment;
- prenuptial agreement (may be concluded at any time in an officially formalized relationship between a man and a woman);
- deed of gift;
- certificate of ownership (if the sole owner sells part of the property);
- testament and certificate issued by a notary upon entry into the inheritance.
As soon as the citizen has evidence of rights to real estate (all the features of obtaining the relevant securities are presented below), you can draw up a shared ownership of the apartment. How to do it?
Determination of shares
We will have to somehow determine the shares that will belong to each owner. This idea is being implemented in several ways. In the first case, there is a settlement. The agreement on the determination of shares will be concluded directly with a notary. After signing it, it will be possible to complete what has been started. But in practice, it is rarely possible to agree. Especially to the heirs, if the will was not clearly spelled out the parts of the property that are laid to the citizens.
Therefore, the second scenario comes to the rescue. It's about going to court. It is in this body that the determination of the shares assigned in this or that case to each owner will occur. After receiving a judicial opinion, it will be possible to issue an apartment in shared ownership. More on this later.
Under contract
Consideration of registration of shared ownership should be with the conclusion of a peace treaty. After all, this is the least problematic option. Often it takes place when it comes to accepting a gift, as well as the division of inheritance. Citizens independently determine how much and to whom it will be allocated. These rules are prescribed in the text of the agreement. As a rule, everyone is given equal shares in the apartment. That is, if there are 2 owners, then citizens can come to an agreement under which half of the property is allocated to each side. In case of unequal division usually go to court.
Next, an apartment ownership agreement is drawn up. Its sample will be presented later. This document should spell out all the nuances of assigning shares. For example, if it is possible for each to allocate a separate room, it should be prescribed to whom and which room is given. The agreement also indicates all information about the persons involved in the transaction and the property.
After this, it is necessary to come to the notary with documents confirming the rights to the apartment, as well as with identity cards and an agreement on shares. In his presence, an agreement is signed. Citizens are issued certificates on the conclusion of an agreement on shared ownership. And already with these documents it is necessary to continue registration. There is only one step left - this is obtaining a certificate of ownership (or extract from the Unified State Register of Enterprises).
Sample contract
Now it’s clear how the shared ownership of the apartment is peacefully formalized. A sample agreement may look like this:
We, Ivanov Ivan Ivanovich, born in 1965, and Sidorov Pyotr Klimentevich, born in 1968, set this contract:
Determination of shares in the apartment located at: Moscow, Moskovsky Prospect, 30, apartment 3. The apartment has a living area of 82.5 square meters, of which 65 are residential. In accordance with the agreement, each of us owns:
- Ivanov Ivan Ivanovich 50% of the total area;
- Sidorov Petr Klimentievich 50% of all real estate.
This agreement provides the owners with the allocation of shares in kind. Ivanov Ivan Ivanovich owns 2 rooms: 10.5 and 22 square meters, Sidorov Peter Klimentevich the remaining 2: 18 and 14.5 square meters.
This agreement was concluded on February 25, 2016.
Signatures of the parties:
It's all. It is not necessary to use this particular template. This is just a primitive agreement between the parties on the allocation of shares in the apartment with the definition in kind. As soon as the notary confirms the transaction, you must contact the appropriate authorities to complete the procedure.
If inherited
What if the division of shared ownership of an apartment occurs in the presence of a will and at the time of inheritance? In this situation, the actions are slightly different from the settlement. The thing is that then it is required to enter into the inheritance. The notary will issue to everyone a certificate of receipt of the testator's property in certain shares. If desired, you can agree between the other heirs and draw up an agreement on the allocation of parts in kind. It will look approximately the same as the sample agreement.
In order to enter into the inheritance in the presence of shared ownership, it is necessary to write in advance the consent to receive property from the testator. Then, on a date fixed by a notary, a citizen brings with him:
- identification;
- documents for the property received (extract from the BTI and a copy of the house book);
- receipts on payment of state duty (for distant relatives);
- agreement on the allocation of shares in kind (if any).
Passports are required from each heir. The notary will issue certificates of acceptance of the property, if there is an agreement on the allocation in kind of shares in the apartment, he will assure his legality. And then all the heirs must go to certain authorities in order to register the apartment as a property.
By court
But that is not all. Shared property in a communal apartment, as well as in housing, where the owners cannot agree among themselves on whom and what is due, is executed through the court. It determines the shares in kind. So each person is assigned a specific room, which relies specifically for its use.
If allocation of a share in kind is not possible, the damage caused to one of the owners is calculated. And the parties pay monetary compensation for one or another part of the apartment. Actually redeem it. From the moment of receipt of funds, the citizen ceases to be the owner of the premises. A fairly common practice in Russia.
The following is required to be submitted to the court (district):
- statement of claim;
- receipt for payment of state duty;
- documents confirming the rights to real estate;
- cadastral passport of the apartment;
- marriage / divorce certificate (if we are talking about spouses);
- documents on the birth of children (if their interests are affected);
- certificate of family composition (optional);
- extract from the house book and BTI.
After the meeting, the court makes a decision on the allocation of shares in kind and issues an appropriate opinion. This is how often shared ownership of an apartment is made out when the spouses are divorced. The issued judicial opinion is an important document that will allow you to complete what you started.
Where to go
As soon as all the nuances of the division of property, as well as the determination of shares in kind, are behind, the shared ownership of the apartment must be finalized. It remains to contact the appropriate authorities to obtain a certificate of ownership. Now citizens can apply in the following ways:
- through the public services portal;
- by contacting the MFC;
- through the cadastral office;
- by sending a request to Rosreestr.
Final stage
Now it remains only to submit an application and wait for an answer. It is recommended to contact the Rosreestr or the cadastral chamber. Moreover, all owners at the same time. They should bring:
- identity cards (only passports are accepted);
- documents-grounds for the rights to the apartment (a deed of gift, a certificate from a notary about the receipt of an inheritance, a judicial opinion, a will, a contract of sale of property);
- receipts and extracts on the transfer of money to one of the owners (if in court a ransom occurred or a citizen sold part of his property);
- application for a certificate of ownership;
- cadastral passport;
- receipt of payment of state duty (350 rubles);
- Help from the BTI.
Further, on the appointed date with identification cards, you can pick up a certificate of ownership of the apartment. Now this document has been replaced by an extract from the Unified State Register of Perpetual Action.
Why allocate shares in kind
Some are wondering why have shared ownership allocated in kind. This approach will help solve many problems. After all, each owner will be assigned a certain territory. Is the citizen allocated in kind the shared ownership of the apartment? The sale, the contract of sale and the implementation of the relevant transaction will pass without any problems. The owner will not need to obtain permission from other owners to sell their part of the property.
In addition, with shared ownership, co-owners are entitled to purchase the sold part of the apartment among the first buyers. That is, first the seller must offer them to buy back the share, then receive a refusal, only then look for buyers among the population.
In general, shared ownership solves many disputes. Especially if it is highlighted in kind. Now it’s clear how the shared ownership of the apartment is made out. By the way, if we are talking about a deed of gift, the process of obtaining a certificate of ownership will proceed in the same way as when entering into the inheritance. Only instead of a will is a deed given.