Fractional ownership of the apartment: registration and sample agreement

A fairly common form of tenure in Russia was shared ownership. Apartments that are decorated in this way, it is sometimes very problematic to sell. And for that there are reasons. But this does not frighten citizens. They are still trying to formalize the property, if not in private, then in shared ownership. But how to do that? What features of this process should be taken into account?

Different forms of ownership

In Russia, there are several types of property. There is a private, shared and joint. Before the start of paperwork, it is necessary to clearly understand the differences in these types of property ownership. Not everyone can see the difference, for example, between shared and shared property.

A private form of ownership is when a person is the sole owner. He can carry out transactions and transactions with the apartment without the consent of the tenants. The most advantageous option.

Shared ownership form - the real estate has several owners. Their shares are clearly defined. That is, everyone has the right to carry out transactions exclusively with his own part of the apartment. To simplify the process, it is necessary to establish in court the identity of who and what part of the property will be owned in accordance with certain shares.

Joint ownership is a type of property that has several owners. But they dispose of them to the fullest on equal terms. That is, the shares of citizens are not defined. This option is the least convenient for the population. Especially to those who decide to sell the property.

Now it is clear what a fractional ownership of an apartment is. If we talk about the registration of real estate for several owners, this is the most profitable option for the development of events.

When can there be

Many are interested in when exactly equity ownership appears. After all, you can often find property in joint ownership. In total there are several variants of the development of events. The shared ownership of an apartment is found in the following cases:

1. If a citizen receives an inheritance. If there are several heirs, the apartment and other real estate is formalized in shared ownership.
2. When a single owner decides to sell part of the apartment to one or another person. Not the most common scenario.
3. The shared ownership of an apartment is found when signing a gift agreement. It can be drawn up in favor of several persons. Then the owners will be owners in shared ownership.
4. If the property is bought by several people. For example, a 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.
5. If there are registered shares in the marriage contract with respect to the property acquired by the spouses. Husband and wife can clearly indicate how much and who will own when buying an apartment. This rule extends not only to new, but also to already acquired housing.
6. The purchase of property is made using the parent capital. In this situation, equity ownership occurs between parents and children. This is a fairly common practice that has been used in Russia recently.

It is worth noting that the owners in the joint ownership of property can at any time to issue an equity form of disposal of property. But the last of the joint will not work.

Getting Started

So, now it is necessary to properly arrange an apartment in shared ownership. You can do it without any problems. Just a few steps - and it's done. Everything begins with the receipt of documents confirming the ownership of real estate. Accordingly, from all the above, we can conclude that the evidence can be the following papers:

• contract of sale of an apartment;
• Marriage contract (can be concluded at any moment of formalized relations between a man and a woman);
• Donative;
• Certificate of ownership (if the sole owner sells a portion of the property);
• A testament and a certificate issued by a notary when he entered into the inheritance.

As soon as the citizen has proof of the rights to real estate (all the features of obtaining the relevant securities are presented below), it is possible to draw up a shared ownership of the apartment. How to do it?

Determination of shares

It will be necessary to somehow determine the shares that will belong to each owner. This idea is implemented in several ways. In the first case, there is an amicable agreement. The contract on determining shares will be concluded directly with the notary. After signing it, you can finish what you started. But in practice, it is rarely possible to agree. Especially the heirs, if the will was not clearly spelled out parts of the property that are put to citizens.

Therefore, the second version of the development of events comes to the rescue. It's about going to court. It is in this body that there will be a determination of the shares assigned in each case to each owner. After receiving a judicial opinion, it will be possible to arrange an apartment in shared ownership. More on this further.

Under contract

Consider the registration of shared property follows the conclusion of a peace treaty. After all, this is the least problematic option. Often it takes place if it is a question of accepting a gift, as well as the division of inheritance. Citizens themselves determine how much and to whom will be allocated. These norms are prescribed in the text of the agreement. As a rule, each share the same shares in the apartment. That is, if there are 2 owners, then citizens can come to an agreement, in which each side is allocated half of the property. In case of unequal division, they usually go to court.

Further, a contract of shared ownership of the apartment is drawn up. His sample will be presented later. In this document, all the nuances of assigning shares must be prescribed. For example, if you can give everyone a separate room, you should prescribe who and what room is given. Also in the agreement all information about the persons involved in the transaction and the real estate object is indicated.

After this, it is necessary to appear with the documents confirming the rights to the apartment, as well as with identity cards and the share agreement, to the notary. In his presence, the agreement is signed. Citizens are given certificates of concluding a shared-ownership agreement. And already with these documents it is necessary to continue registration. There was only one step left: obtaining a certificate of ownership (or extract from the Unified State Register).

Sample agreement

Now it is clear how peacefully formed share ownership of the apartment. A sample agreement might look like this:

We, Ivanov Ivan Ivanovich, born in 1965, and Pyotr Sidorov, born in 1968, are hereby establishing this agreement:

Determination of shares in the apartment located at: Moscow, Moskovsky Prospect, 30, apartment 3. The housing area of the apartment is 82.5 square meters, 65 of them are residential. In accordance with the agreement, each of us has:

• Ivanov Ivan Ivanovich 50% of the total area;
• Sidorov Pyotr Klimentevich 50% of the entire property.

This agreement fixes the owners' allocation of shares in kind. Ivanov Ivan Ivanovich owns 2 rooms: 10.5 and 22 square meters, Sidorov Pyotr Klimentevich 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 template. This is just a primitive example of the agreement of the parties to allocate shares in the apartment with a definition in kind. Once the notary confirms the transaction, you must contact the appropriate authorities to complete the procedure.

If in the inheritance

What if the section of the shared ownership of the apartment occurs when there is a will and during the inheritance? In this situation, the actions differ slightly from the settlement agreement. The thing is that then it is required to inherit. The notary will issue to each person a certificate of receipt of the property of the testator in certain shares. If desired, it is possible to agree among the other heirs and draw up an agreement on the allocation of parts in kind. It will look approximately the same as the above example of the agreement.

To enter into the inheritance in the presence of a shared property, you must first write an agreement to receive property from the testator. Then, in the notary appointed by the notary, the citizen brings with him:

• identification;
• Documents for the received real estate (an extract from BTI and a copy of the house book);
• Receipts for 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 a contract for the allocation of shares in the apartment in the natural representation, will assure its legality. And then all the heirs must go to certain bodies to arrange an apartment in the property.

By court

But that is not all. A shared ownership in a communal apartment, as well as in a dwelling, where the owners can not negotiate among themselves about who and what is supposed, is formalized through the court. It determines the shares in kind. So for each person fixed a specific room, which relies precisely for its use.

If allocation of a share in kind is impossible, damage to one of the owners is calculated. And the parties pay monetary compensation for this or that part of the apartment. Actually they buy it. From the moment of reception of money resources the citizen ceases to be the proprietor of a premise. Quite a common practice in Russia.

The court (district) is required to produce:

• statement of claim;
• Receipt of payment of the state;
• Documents confirming the rights to real estate;
• Cadastral passport of the apartment;
• Certificate of marriage / divorce (in the case of spouses);
• Documents on the birth of children (if their interests are affected);
• Certificate of family composition (optional);
• An extract from the house book and BTI.

After the meeting, the court decides on the allocation of shares in kind and issues an appropriate conclusion. This is how often the shared ownership of an apartment is drawn up in the divorce of spouses. The issued judicial opinion is an important document that will allow to complete the initiated.

Where to go

Once all the nuances of the division of property, as well as determining the shares in kind behind, the shared ownership of the apartment must be finalized. It remains to apply to the appropriate authorities to obtain a certificate of ownership. Now citizens can apply in the following ways:

• Through the portal "State Service";
• By applying to the MFC;
• Through the cadastral chamber;
• Sending a request to Rosreestr.

The final stage

Now it only remains to apply and wait for an answer. It is recommended to contact the Rosreestr or cadastral chamber. And all owners simultaneously. They should bring:

• Identity cards (only passports are accepted);
• Documents - the basis of the rights to the apartment (a gift agreement, a certificate from the notary about the receipt of the 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 a ransom occurred in the court or a citizen sold part of his property);
• Application for the issuance of a certificate of ownership;
• Cadastral passport;
• Receipt for payment of state duty (350 rubles);
• References from BTI.

Further on the appointed date with identity cards it will be possible to take a certificate of ownership of the apartment. Now this document is replaced with an extract from the Unified State Register of Unlimited Action.

Why allocate shares in kind

Some are wondering why to have an allocated shared property. This approach will help solve many problems. After all, each owner will be assigned a certain territory. Does a citizen have a shared ownership of an apartment in kind? Sale, the contract of sale and the implementation of the relevant transaction will be held without any problems. The owner will not have to get permission from other owners to sell their part of the property.

In addition, with share ownership co-owners have the right to purchase the sold part of the apartment among the first buyers. That is, first the seller should offer them to buy out a share, then get a refusal, only then look for buyers among the population.

In general, equity ownership solves many disputes. Especially if it is allocated in kind. Now it is clear how the shared ownership of the apartment is formalized. By the way, if it is a gift contract, 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 granted a gift.