Allocation of a share in an apartment is an operation with which many citizens are familiar. There are several ways to carry out this procedure. It all depends on the specific situation. Today we will try to study all the features of allocation of shares in housing. What should every citizen remember about this? What are the nuances to look at first?
Who has the right?
For example, who has the right to allocate shares. Not every person is endowed with such opportunities.
The right to allocate a share in the apartment is for all owners of a particular housing. As a rule, this operation is carried out in the presence of shared or joint ownership. For example, between spouses or family members.
Only homeowners are able to allocate shares. And this is quite normal. Third parties and organizations have nothing to do with such an operation.
What is it?
And what is called the allocation of a share in the apartment? As a rule, it is customary to describe the process of securing to a citizen a specific part of the housing. Let's say the rooms.
The operation provides for the transfer of part of the property to a citizen by allocating it in kind. Compensation for a share is also possible.
In fact, a person will single out a specific part of the apartment in whose territory he is the owner. In this case, real estate transactions will be greatly facilitated.
Selection Methods
And how to implement the task? There are several scenarios. It all depends on what decision all property owners will come to.
In general, the section of the apartment can be held:
- peacefully;
- through the court.
In the first case, it is enough to conclude a special agreement with the notary. In the second case, submit an application to the judicial authority so that the authorized person himself assigns specific parts of the housing to the owners. How to act? Everyone decides for himself. But in practice, it is best to conduct a peaceful division of property. Unfortunately, this is not always possible.
Section and selection
Let's start with the division of property in shared ownership. Consider a situation in which owners can agree among themselves on who and what part of the housing is assigned.
The allocation of shares does not provide for the termination of common property rights in relation to other homeowners. If the division of property is carried out, then the common property rights lose their place. The apartment, as it were, is divided into parts that are not dependent on each other in the legal sense.
About the peace agreement
Suppose that citizens decide to allocate shares in a shared apartment. In this case, as we have said, you will have to come to the notary with an agreement and sign it. Otherwise, you must go to court for help.
The algorithm of action in a peace agreement will be as follows:
- To form a package of documents necessary for concluding a contract.
- Write an agreement on the allocation of shares in housing. A detailed description of what will be transferred to the property of each owner of the apartment is required.
- Pay for notarial services if necessary.
- Sign a contract.
- Head to the Rosreestr and register the property rights (make changes to the cadastral base).
It would seem nothing difficult. Indeed, this alignment is the least troublesome. But peacefully allocating a share in housing is problematic. People simply cannot agree among themselves.
Through the court
In this situation, forced allocation of shares in kind occurs. If this is not possible, then the rest of the apartment owners pay the plaintiff money in the amount of the value of the applicant’s share in the property. But, as practice shows, it is usually possible to produce a natural section.
If a citizen was promised monetary compensation, then after receiving the money he completely loses the ownership of the apartment. If desired, each owner of shared property may demand a payment in return for his part of the housing.
Sometimes it happens that a person in an apartment has a small fraction, which is very problematic to isolate in kind in real life. In this case, monetary compensation is usually offered.
Filing: Action Algorithm
The allocation of a share in the apartment with the right approach is made without much difficulty. Even through the court.
In order to file a claim, you will have to:
- Prepare some documents.
- Write a statement on the allocation of a share in the apartment. It details the current situation.
- Wait for the hearing and participate in it.
- Get a court order on the issue under study.
Based on the court decision, new data will be entered into the Rosreestr. The judgment may be appealed, but in practice such cases are extremely rare.
Joint property
The above tips are relevant for shared ownership. But there is such a thing as joint property. It is most often found in spouses. This form of ownership means ownership of housing without the allocation of specific shares. That is completely equally.
The allocation of shares in a joint apartment is usually done after a preliminary assessment of the size of each owner’s share. If the laws do not contain any indications on this score, then it is generally accepted that all owners have equal shares of housing in their property.
How to allocate a share in this case? Joint ownership is subject to all the rules and principles listed above. That is, citizens can resolve this issue peacefully or through a court. It all depends on the specific life situation.
About calculations
Writing a statement on the allocation of shares in the apartment is not so difficult. A sample of this document will be presented later. First you need to understand how to correctly calculate the share of each property owner.
In the case of apartments, everything is extremely simple. It will be possible to calculate how much and who is due, if you find out the area of ​​housing. But, as a rule, this indication applies only to cases in which equal shares of property are allocated to all owners.
Suppose the apartment is 120 m 2 . She has 4 owners. Each relies 120/4 = 30 m 2 . That's all. Elementary mathematical actions! Only in real life is everything much more complicated. Especially if somewhere it is indicated that some of the owners have a larger or smaller part of the property. Usually it is precisely this alignment that makes you go to court.
We make a statement
What does an agreement on the allocation of a share in an apartment look like? Let's start with a peace agreement. The lawsuit will be drawn up on similar principles.
So, the agreement on the allocation of shares in housing contains the following information:
- name of the paper with clarification;
- place and date of compilation;
- personal data of the parties;
- addresses of all property owners;
- data of title documents;
- cadastral information about housing;
- information about encumbrances, restrictions;
- property data;
- arrangements for the allocation of shares.
The document is mandatory signed by each participant. He is also certified by a notary. When preparing the application, it is necessary to print 1 copy more than the owners of the apartment. This copy remains with the notary.
Structure
The application for the allocation of shares in the apartment has a certain structure. Just like a lawsuit. Which one?
When compiling the listed securities, you will have to remember the rules of conducting business correspondence and documentation. The structure of the lawsuit will look like this:
- "Hat". It is drawn in the upper right corner.
- Name.
- Main part. This is a description of the principles of the division of property with detailed characteristics.
- Conclusion It usually puts the signatures of the parties and the date of the conclusion of the agreement / filing of the claim.
Standard and easy! The lawsuit on the allocation of shares in housing does not have any features. Especially if the apartment was purchased without a mortgage and completely at the expense of the owners.
Documentation
What papers are useful for the implementation of the task? Their list depends on the method of obtaining property ownership.
Documents for allocation of a share in an apartment are most often needed as follows:
- passports of the parties;
- claim / contract;
- certificates of ownership;
- extracts from the USRN.
Also sometimes required:
- contract of sale;
- statements of owners' investments in the apartment when it was purchased.
This is the minimum list of requested papers. The allocation of shares in the apartment for maternity capital or, for example, for a mortgage, requires more documents. Especially when going to court.
With the participation of maternity capital
What if maternity capital was involved in the purchase of housing? Allocation of a share in an apartment to children under such circumstances is a rather important point. Parents must provide part of the apartment to their minors. Otherwise, they will be forced to do so in court.
An operation without a judicial authority is allocated 6 months from the date of purchase of a home. Allocation is most often done by a notary public. Parents decide how much property to give to the children.
Used maternity capital? Allocation of a share in the apartment to children in this case additionally requires the following papers:
- Payments, which indicate data on investments in the capital;
- birth certificates of children;
- marriage / divorce certificate (if any);
- adoption documents (if any).
It is recommended in this case to comply with applicable law and resolve the issue peacefully. Unfortunately, more and more often parents “forget” to allocate shares in apartments to children after using maternity capital.
Mortgage
Mortgage is also quite common in Russia today. It involves the purchase of apartments on credit. The allocation of shares in a mortgage apartment is usually made in advance. All the features of this process are usually prescribed in the corresponding contract.
But, as it is not difficult to guess, the issue not always studied is resolved peacefully. If desired, you can allocate a share in the housing at a notary or in court. The list of documents will be supplemented:
- mortgage agreement;
- payment schedule with receipts.
If one of the owners invested his personal money in the property, then evidence of this act is also attached to the lawsuit.
Sample
A sample application for the allocation of a share in the apartment has already been submitted to us. It is impossible to say with confidence that the proposed templates are exhaustive.
The thing is that each case is individual, and therefore the peace agreement and the statement of claim will always be different. This fact will have to be taken into account. But the studied templates allow us to understand the basic principles of creating documents.
Summary
From now on, it is clear how the allocation of a share in the apartment occurs. With proper preparation, such an operation will not cause any trouble or problems.
Can't settle this issue peacefully? Then it's time to go straight to court. Judicial authorities will help resolve property disputes and assign one or another part of it to each landlord. With small shares in housing, consideration may be given to the payment of compensation. But this is not so common.
In fact, with the right approach, everything is much simpler than it seems. The main thing is to prepare a package of documents and try to peacefully resolve the issue. It is possible that the owners of the apartment will agree to a peace treaty.