Documents for registering an agreement on the allocation of shares. Allocation of a share in kind in a private house

Home / Land disputes / Agreement on determining shares in a land plot

Land is considered a valuable resource that can be used for construction and agriculture. Often, plots are registered as shared ownership - each owner has a share in the property right. It is logical that during the division process conflicts may occur: between heirs, spouses, borrowers and creditors.

One way to avoid contradictions and divide a plot into fair shares is an agreement on determining shares of land. By designating percentage values, share owners will be able to dispose of them at their own discretion and will reduce conflicts to nothing.

Why is an agreement needed?

The land plot has boundaries, but this has nothing to do with the legal procedure - determining shares. The parties need to come to an agreement and determine the size of the shares of all owners of the land plot.

Shares are not expressed in a specific piece of land - it is a percentage of the total property per plot.

In what cases is it necessary to determine shares:

Inheritance to land

If the plot was inherited by several shareholders, they can draw up an agreement and determine their shares (Article 1165 of the Civil Code of the Russian Federation).

Property division

The termination of family relations is also associated with the division of land if the plot was acquired by the spouses during marriage. Usually in such cases the land is divided equally (Article 39 of the RF IC), but other options are also possible. For example, replacing a percentage share with monetary compensation.

Allocation in kind

Occurs in the case of sale, will, mortgage, exchange, lease and other transactions with land. The allocated owner must enter into an agreement with other co-owners of the site and determine his share (Clause 1 of Article 252 of the Civil Code of the Russian Federation).

An agreement is an alternative to litigation. If the co-owners can come to an agreement, sit down at the negotiating table and determine the share in the property right, they need to draw up an agreement and register the changes in Rosreestr.

Contents and form of the agreement on the allocation of a share in property rights

Before drawing up the document, it is necessary to obtain a BTI opinion on the possibility of real division of property (for real estate). Agree with all participants on the method of dividing the property, the actual value of the shares, the need to pay monetary compensation (when the real part of the property turns out to be more or less than the value of the share in ownership).

Write down all the details in the agreement. On the basis of what documents does each of the participants own the right of ownership, the size of the shares, how the share is allocated, indicating the list of property (possibly with an assessment of its value), all auxiliary buildings and premises. If it is necessary to re-equip the premises, obtain the appropriate permits. Compensations, expenses for state registration and further according to the example.

An agreement on the allocation of a share in property rights is drawn up in simple written form and does not require notarization, but is subject to state registration.

, allocation of a share in an apartment through the court, division of a house, allocation of a share in an apartment in kind, allocation of shares in an apartment

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Lawyers' answers (3)

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Yuri, the simplest option is to go to court with an application for the allocation of a share in kind.

Here is a sample application from SPS Garant

In [name of the court to which the statement of claim is being filed] Plaintiff: [F. I.O. of the plaintiff] [his place of residence] Defendants 1): [F. I.O. of the defendant] [his place of residence]2): [F. I.O. of the defendant] [his place of residence] Statement of claim for the allocation in kind of a share in the right of common shared ownership of a residential building The residential building located at the address: [fill in what is required] belongs to us on the right of common shared ownership. My share of participation is [ enter the required], the share of Defendant-1 - [enter the required], the share of Defendant-2 - [enter the required]. The house with a total area of [value] * consists of [number] of living rooms with an area of [value] *, [value] * and [ meaning] * and [describe other rooms in the house]. The following procedure has developed between us for using the residential building [indicate who occupies which rooms]. The rooms that I occupy are isolated from the other rooms occupied by the Defendants. Redevelopment of the house, taking into account the actual established order of use, will make it possible to allocate a part of the residential building, proportional to my share in the common property right. Based on the above and guided by Article 252 of the Civil Code of the Russian Federation, I ask: 1. Allocate in kind my share in the amount of [enter as required] in the right of common shared ownership of a residential building located at the address: [enter as appropriate], with the provision of rooms with an area of [value] * and [value] *. Annex 1. Documents confirming ownership of a residential building.2. Documents confirming the rights of the parties to existing shares in common property.3. Plan of a residential building.4. House renovation and redevelopment project.5. Construction permit.6. Document confirming payment of state duty.7. Copies of the statement of claim. [signature of the plaintiff or his representative] [date, month, year] GARANT: Plenum of the Supreme Court of the RSFSR in paragraph 10 of Resolution No. 4 of June 10, 1980 “On some issues of the practice of courts considering disputes arising between participants in common ownership of a residential building” clarifies that the allocation of a share in kind associated with the construction of residential extensions to a house or the conversion of non-residential premises into residential ones is possible only with a construction permit issued by an authorized federal executive body, an executive body of a constituent entity of the Russian Federation or a local government body. Permit for construction (reconstruction) is not required if the re-equipment does not affect the structural and other characteristics of the reliability and safety of a residential building, does not violate the rights of third parties and does not exceed the maximum parameters of permitted construction, reconstruction established by town planning regulations, as well as in the case of construction of buildings and structures for auxiliary use, in other cases when, in accordance with the Town Planning Code of the Russian Federation and the legislation of the constituent entities of the Russian Federation on town planning activities, obtaining a construction permit is not required (Art. 51 of the Town Planning Code of the Russian Federation).

If you have any additional questions, please contact me.
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Lawyer, Chelyabinsk

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It is possible to divide a living space, or allocate a share in kind, if the living space has a separate entrance, kitchen, corridor, and bathroom. Those. It is almost impossible to divide an apartment in kind. Art. 252 Civil Code of the Russian Federation

If the allocation of a share in kind is not permitted by law or is impossible without disproportionate damage to property in common ownership, the allocated owner has the right to have the value of his share paid to him by other participants in shared ownership. You did not highlight it in kind, but determined the order of use. This agreement on determining the procedure for using residential premises You can draw up an agreement on determining the procedure for using residential premises yourself, indicating who occupies which rooms, and register the agreement on determining the procedure for use, and not the allocation of a room in kind, in the registration chamber.

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Lawyer, Saratov

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Hello, Yuri!

In accordance with Art. 252 of the Civil Code of the Russian Federation, property that is in shared ownership can be divided between its participants by agreement between them. Also, any participant in shared ownership has the right to demand the separation of his share from the common property. This can be done by either allocating a share in kind or by acquiring the share of the allocated co-owner by the remaining participants in shared ownership or by one of them. That is, since there is an agreement in principle between the remaining participants in shared ownership, your colleague can order an examination on the possibility of allocating part of the apartment in accordance with the shares of the co-owners, in compliance with construction, sanitary and hygienic, fire safety and other rules, on the actual cost of the apartment, and also the cost of each part of the apartment expected to be allocated. That is, there are three options: division by agreement of co-owners of an apartment that is in shared ownership; allocation by agreement of your colleague’s share from the common property; acquisition of your colleague’s share by other co-owners (one of them) without allocation in kind. If there is no agreement on the method and conditions for dividing common property or allocating a share, your colleague may go to court. In accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 dated 07/01/1996, the court has the right to refuse your colleague’s claim for the allocation of his share in kind, if the allocation is impossible without disproportionate damage to property in common ownership. Such damage should be understood as the impossibility of using the property for its intended purpose, a significant deterioration in its technical condition or a decrease in material or artistic value, inconvenience in use, etc. But at the same time, if it is impossible to divide the property between all participants in the common property or allocate a share in kind, the court, at the request of your colleague, has the right to oblige the remaining participants in the shared property to pay him monetary compensation, upon receipt of which he will lose the right to a share in the common property.

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Cases regarding the division of common property are quite common. Sometimes this issue is resolved in court, but in most cases, spouses divide an apartment, house or land by concluding an agreement on determining shares.

The judicial procedure is lengthy and occurs, as a rule, if there is a dispute between the parties about the size of shares in common property. For this reason, a more suitable option is to reach mutual understanding and voluntarily enter into an agreement, which will determine who owns what part.

We will tell you in what cases an agreement on the division of shares is concluded, what requirements apply to the document and how to register it with Rosreestr

How to draw up an agreement correctly?

Let's figure out how to draw up an agreement on determining shares in land, what to include in it and what to pay attention to?

Form and content

The first thing you should focus on is the form of the document.

An agreement to determine or change shares in land has a simple written form . There are no special requirements here, but you need to adhere to the structure of the contract.

Please note that the agreement on the distribution of shares must be certified by a notary - the requirement came into force at the beginning of 2017.

The contents of the agreement include:

document's name;
settlement (city);
date, month and year of imprisonment;
Full name, address, passport details of the parties - participants in common property;
address of the land plot, cadastral number, category of land, area, presence of buildings;
information about the absence of encumbrances - municipal ownership, arrest, pledge, easement;
information about documents for the land plot;
terms of division and size of shares;
consent to redistribution of shares;
rights and obligations of the parties;
method of bearing expenses - usually in accordance with the size of shares;
number of copies (notary, Rosreestr, parties to the transaction);
personal signatures;
place for the notary's seal.

An example of an agreement on the allocation of a share in property rights

Agreement on the allocation of a share in property rights

We, the undersigned,

Egorov Vladimir Evgenievich, born on March 10, 1967, passport of a citizen of the Russian Federation series 51 17 number 498878, issued by the Department of the Federal Migration Service of Russia for the Sverdlovsk region in the Oktyabrsky district of Yekaterinburg on March 15, 2012, living at the address: Russia, Arkhangelsk region, Kotlas , st. Manokhina, 117, hereinafter referred to as “Side 1” on one side, and

Fateev Dmitry Semenovich, born October 16, 1972, passport of a citizen of the Russian Federation series 43 58 number 777898, issued TOM p. Sovetskoye, Arkhangelsk region, February 20, 2005, living at the address: Russia, Arkhangelsk region, Kotlas, st. Manokhina, 117, hereinafter referred to as “Party 2”, on the other hand, when referred to together, hereinafter referred to as “Owners”,

have entered into this agreement as follows:

The owners own, by right of common shared ownership, residential building No. 117 at the address: Russia, Arkhangelsk region, Kotlas, st. Manokhin, cadastral number 71:27:83648:287, number of floors 2, total area 152 sq. m., located on a land plot with cadastral number 71:27:83648:28, with a total area of 1200 sq. m. m. The above residential building consists of 4 isolated rooms (20 sq.m., 50 sq.m., 12 sq.m. and 18 sq.m. respectively), 2 kitchens (15 sq.m. and 12 sq.m. ), 2 bathrooms.
Party 1 owns ¾ of the share in the ownership of the above residential building on the basis of a donation agreement dated 05/11/2016, which is confirmed by the Certificate of Registration of Ownership, series PA number 798 dated 06/20/2016.
Party 2 owns ¼ share in the ownership of the above residential building based on the law, series AK number 898782.
In order to terminate common shared ownership, the owners came to an agreement on the allocation of a share in ownership and the division of a residential building in accordance with technical conclusion No. 47 of the BTI dated 03/10/2018 as follows:

Party 1 owns ¾ of the house's share, consisting of an isolated part of the main building on the ground floor, consisting of living rooms with an area of 50 sq.m., 12 sq.m., 18 sq.m., a kitchen with an area of 12 sq.m., a bathroom on ground floor. The entrance is separate.

Party 2 owns ¼ share of the house, consisting of an isolated part of the main building on the second floor, consisting of a living room with an area of 20 sq.m., a kitchen with an area of 15 sq.m. m., bathroom on the second floor, storage area of 5 sq. m. Entrance – separate, external staircase.

produced on the basis of a separate agreement.
The owners have no claims against each other.
The shared ownership of the Owners in the said residential building is terminated due to the actual division of the common property. The ownership right of each party to the part of the residential building allocated in accordance with the terms of this agreement arises from the moment of state registration of rights by the parties.
The parties independently bear the costs of registering the right to the part of the residential building and outbuildings belonging to them after the allocation.
This agreement is drawn up in 3 authentic copies, one for each Party and for the Rosreestr Office for the Arkhangelsk Region.
Details and signatures:

Egorov V.E.

Fateev D.S.

Sample agreement on determining shares in a land plot

Below is a form and template for filling out the agreement. Download them to your computer and create your own version.

Compilation procedure: step-by-step instructions

Drawing up an agreement to determine shares in land consists of the following steps:

Designate the land area.
Make sure that the land is registered in the cadastral register and has documents.
Order cadastral work, register the site with Rosreestr - in case land surveying was not carried out.
Discuss the size of shares with all co-owners.
Prepare documents:

passports;
legal documents for a plot of land - acts, certificates, contracts;
cadastral passport or extract from the Unified State Register of Real Estate;
receipt of payment of state duty.

Draw up an agreement, have it certified by a notary, and sign it.
Register the transaction at the Rosreestr branch through the MFC.

Note that the determination of shares in land differs from the allotment - the first transaction requires notarization, and the allotment is made by agreement of the co-owners without a notary. Read more about this in the article “Allocation of land share from agricultural land.”

Procedure

A prerequisite for the voluntary determination of shares in a land plot is the consent of all co-owners to formalize the division.

The law establishes the following procedure for determining shares:

Project preparation.
Drawing up an agreement.
Notarization.
State registration.

Since the transaction involves shares of real estate, notarization of the agreement is a prerequisite. To pay for notary services, you will have to evaluate the site. An alternative option is to obtain a certificate of cadastral value from Rosreestr. In [current_date format='Y'] year it costs 350 rubles.

The amount of registration costs

No.	expenditures	Sum
1	Legal consultation	From 1500 rub. However, on our website you can get advice absolutely free.
2	Project preparation	Notary registration project. The cost of services depends on the region. In 2021 in the Kamchatka Territory you will have to pay from 5,000 rubles. up to 22,000 rub.
3	Certification of the agreement by a notary	0.3% of the cadastral value of the property
4	State registration	Each owner must pay a fee of 350 rubles.

Project preparation

Initially, the parties must come to an agreement. Ideally, each of them receives an equal share.

Moreover, when registering shares, the financial situation of the parties and the presence/absence of children do not matter. However, they are free to do otherwise.

Initially, it is necessary to obtain legal advice and find out the consequences of the decision; in addition, there is no need to draw up an agreement under the influence of an insurmountable situation. Otherwise, it can be challenged in court.

Formalization of the agreement

In most cases, document preparation is the responsibility of a notary. However, it is necessary to remember that even if the parties bring a ready-made agreement, the notary will still charge the amount for legal services. Therefore, it is advisable to immediately assign the responsibility for preparation to him. If you do not want to pay for this service, you can justify the refusal by the ruling of the Supreme Court of the Russian Federation, which prohibited notaries from imposing paid services on citizens who do not need them.

To prepare the project, you must provide the following documentation:

civil passports of the parties;
title document;
extract from the Unified State Register of Real Estate;
receipt of payment of duty.

The document is drawn up in writing. The number of copies of the agreement is calculated as follows:

for each co-owner - 1 copy;
notary – 1 copy;
to Rosreestr - 1 copy.

Notarization

A prerequisite for notarization is the presence of all co-owners in person. As a last resort, the owner's authorized representative may be present.

The representative must have a notarized power of attorney. Before completing the transaction, the notary will check its authenticity in a special register. Therefore, it is necessary to provide the original.

All parties sign and the notary certifies the document. However, the agreement has not yet been given legal force.

State registration

The last stage is state registration. To do this, the parties must contact Rosreestr.

Documents can be provided in person or through the MFC. A mandatory condition is the presence of a receipt for payment of the duty.

Important! Although the law does not provide for the need to provide a receipt, in practice the lack of payment information will be a reason for refusal.

What is the price?

We explained above that the agreement on land shares must be certified by a notary office. If you ignore this requirement, Rosreestr employees will not accept the application and will not make changes to the state real estate register.

Notary costs are borne by all co-owners of the land plot. The cost of the state duty is calculated based on the price of the land territory - 0.5% of the contract amount (clause 5, clause 1, article 333.24 of the Tax Code of the Russian Federation).

Co-owners pay the state fee together, but bear expenses in proportion to their shares.

Example:

The land plot in the Moscow region belongs to three owners. By agreement, they determined equal shares of the land - ⅓ for each owner.

Having requested fresh data from the Unified State Register of Real Estate, the notary determined the price of the plot - 320,000 rubles. The amount of the state duty: 0.5% of this amount - 1,600 rubles for three, but since the co-owners have equal shares, each of them will pay the notary a third of the amount - 533 rubles.

Another type of expense for a notary is remuneration for technical and legal work: requesting certificates, selecting a sample, printing a form, checking the agreement, studying the nuances, entering into the register, etc.

The total amount for notary services can reach up to 5,000 rubles , depending on the region of Russia.

The newly formed shares are entered into the state real estate register. The parties must pay a state fee on the basis of paragraphs. 25 clause 1 art. 333.33 of the Tax Code of the Russian Federation - the amount will be 350 rubles , and if an entry is required in the Unified State Register of Real Estate for a land plot - 100 rubles.

Legal land transactions require special skills and patience.
Practice shows that most people are not aware of cadastral operations, which, in turn, can lead to the threat of fraudulent schemes. It is very important to draw up a competent agreement on determining the shares of a plot of land - it determines not only the shares, but also the relationship between the co-owners. If you are not confident in your abilities and want to get legal advice, leave your question in the online form or call. Our lawyers will select a sample contract and help you get out of difficult situations. Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!