Agreement on the determination of shares is a form of interaction between owners. The common ownership of the house does not stop, it becomes more formalized. Consider why such agreements are concluded and what needs to be considered when they are drawn up.
Common property
Legislative acts, starting in the 1990s, provided for the transfer of housing and land into the ownership of citizens. Not always one person became the owner, there could be more. And the share in the common property was not determined again. It was just that the documents included an indication of joint ownership. Another source of its occurrence is marriage.
Disputes over the use and disposal of property, inheritance and other circumstances raise questions about the share in the property. The parties are entitled to conclude an agreement. If an agreement on the determination of shares does not work out, they turn to the court.
What is it about?
By law, real estate is a capital building. Their feature is in close connection with the earth's surface and the inability to move them without harm to the structure. The law equally applies to them both residential and non-residential premises.
The second category of real estate is land. When dealing with the registration of shares, we must not forget - transactions are concluded in respect of property put on cadastral registration and the right that is registered.
Cases of imprisonment
- The agreement between the owners.
- Settlement in court before a judge decides.
- A prenuptial agreement signed before marriage or after its conclusion.
The law obliges to allocate shares in the total property to children when buying real estate at the expense of maternity capital.
The question is often asked: is there a reason to conclude an agreement on the determination of shares? Owners have the right to dispose of their property as they wish. The reason has no legal value. Usually the desire to issue a share arises from the desire to sell your part or a dispute about the procedure for use.
The exception is the court - the applicant must indicate the reason or reason for the application.
Sample agreement structure
A sample agreement on the determination of shares is built approximately according to the following scheme:
- date and place of conclusion of the agreement (city or town);
- information from the passport (F. I. O., date of birth, place of birth, passport number, date of issue);
- object or subject of agreement (house, apartment, room, non-residential premises, land);
- location of the property;
- area, number of floors (indicated with respect to one-story buildings), number of rooms;
- the size of the share that belongs to each of the parties to the agreement from the moment of its conclusion;
- a document giving the right of ownership (agreement, certificate of inheritance, date of issue or signing);
- signatures of the parties to the agreement.
Contracts differ in wording, their scope, but their essence remains unchanged.
The settlement must meet the requirements for court decisions (signature of the judge and the seal of the court).
Share size
The provisions on joint ownership speak of equality of owners' rights to common property. The parties are entitled to depart from this rule based on their desires. The restrictions apply to children's rights. In the case of them, no derogation of property rights is allowed, and the law also applies to persons recognized as legally incompetent.
The legislation does not say anything about the minimum size of shares in real estate. Take for example an agreement on the determination of shares in a common property between several apartment owners. The number of owners often exceeds the number of people who can live in it in reality. There are no requirements on the compliance of the minimum size of shares of one owner with sanitary standards.
Its acquisition is allowed for a variety of reasons: inheritance, purchase, gift, court decision on recognition of the ownership of one of the tenants.
Should I contact a notary?
Earlier, the legislation was amended regarding the procedure for concluding real estate transactions. Some of them now can not do without the participation of a notary. The definition of ownership shares is not included in the list. The parties are entitled to sign the agreement in a simple form.
If the interests of children are affected, the consent of the guardianship authorities to the transaction and an appeal to a notary will be required.
Registration of rights
In the model agreement on the determination of shares in an apartment or other property, registration of changes in the form of common ownership is provided.
To carry out the procedure, the following package of documents is required:
- statement signed by all participants;
- a copy of the passports of all participants in the transaction;
- copy of the agreement signed by all participants;
- copy of a document giving rights to property;
- receipt of payment of duty.
A technical passport is submitted if it is not in BTI or in Rosreestr. At the time of writing, cadastral registration and registration of rights is carried out simultaneously.
The procedure takes about a month. Due to the lack of all the necessary documents, their improper execution, the service employees are obliged to suspend registration and give a deadline for eliminating the deficiencies.
The completion of an agreement on the determination of shares in joint ownership is sometimes impossible due to problems at the registration stage.
Entry into force
According to the law, the entry into force of a document is connected with the moment of making an entry in the register, and not with the moment of signing the text by the parties. But the fact of signing imposes obligations on the parties. That is, it is simply impossible not to refuse the signature, and in the event of a trial, it will play its part.
Finally
The agreement on the determination of ownership shares is developed according to a single scheme. It is required to enter information about the participants, the subject of the agreement, the termination of the right to joint ownership and the occurrence of shared ownership.
Transactions involving children require the consent of the guardianship authorities and notary certification.
The final stage is registration of a change in the format of ownership of real estate. An application is submitted, and a package of documents is attached to it.