Agreement on determining the shares of owners. Agreement on determining shares in the right of shared ownership of an apartment

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The emergence of private property in Russia has further strengthened the importance of regulatory legal acts that define the rules for regulating property relations. According to the norms of the current legislation of the Russian Federation, a citizen can own a thing entirely, or receive a certain share from it. In legal doctrine, the division of common property into parts is called the allocation of shares.

To legalize the procedure, the parties are required to enter into an agreement on the allocation of shares. We will consider in more detail the meaning of the document, as well as the points that should be specified in it, in this material.

AGREEMENT on determining shares in an apartment

Russia, city of Rostov-on-Don, February ninth, two thousand and nineteen
We, the undersigned: citizen Petrov Petrovich, born November 20, 1968, passport: series 60 03, No. 150345, issued 04/10/2003. Department of Internal Affairs of the Pervomaisky district of Rostov-on-Don, division code 612-054, registered at the address: Rostov-on-Don, Krasnoarmeyskaya street, house No. 61, apt. No. 10, on the one hand, and citizen Ivan Ivanovich Ivanov, born March 15, 1978, passport: series 60 05, No. 280567, issued 07/05/2005. Department of Internal Affairs of the Kirov district of Rostov-on-Don, unit code 612-052, registered at the address: Rostov-on-Don, Gazetny lane, house No. 75, apt. No. 23, on the other hand, hereinafter referred to as the “Parties”, have entered into this agreement as follows:

The parties to this agreement own, by right of common joint ownership, residential apartment No. 23 (twenty-three), letter “A”, located at the address: Rostov-on-Don, Tekucheva Street, building No. 47 (forty-seven) and having cadastral number 61 :55:0010289:12:7/3.

The above apartment consists of three living rooms, a kitchen, a bathroom, a toilet and a corridor, with a total area of 62.5 (sixty-two point five) square meters. m., incl. living area of 48.4 (forty-eight point four) square meters, located on the fourth floor of a five-story brick residential building (there is a balcony), which is confirmed by the cadastral passport of the premises, issued on January 12, 2019 by the Office of the Federal State Registration Service, Cadastre and cartography for the Rostov region and a technical passport issued on January 14, 2019 by the Bureau of Technical Inventory of the city of Rostov-on-Don.

The above apartment belongs to the parties to this agreement on the right of common joint ownership on the basis of the Apartment Sale and Purchase Agreement dated 08/03/2005, which is confirmed by the Certificate of State Registration of Rights: series 61-AN number 234253, issued on 09/22/2005. Department of the Federal Service for State Registration, Cadastre and Cartography for the Rostov Region.

In order to ensure the right of each participant in the common joint ownership of the above-mentioned apartment to own, use and dispose of the common property, the parties agreed on the need to terminate the common joint ownership and establish common shared ownership of the above-mentioned apartment.

The parties have agreed that the shares of the participants in the common joint ownership of the above-mentioned apartment are equal and as a result of the establishment of common shared ownership of the above-mentioned apartment, each of the parties to this agreement should own 1/2 (one second) share, in the right of common shared ownership of the above apartment.

In accordance with Articles 8.1 and 131 of the Civil Code of the Russian Federation, the termination of common joint ownership of the above apartment and the emergence of common shared ownership of the above apartment is subject to state registration in the Office of the Federal Service for State Registration, Cadastre and Cartography for the Rostov Region.

You can download this sample agreement:

The right to 1/2 (one second) share in the right of common shared ownership of the above apartment arises from citizen Petrov Petrovich from the moment of registration of this right in the Unified State Register of Rights to Real Estate and Transactions with It.

The right to 1/2 (one second) share in the right of common shared ownership of the above apartment arises from citizen Ivan Ivanovich Ivanov from the moment of registration of this right in the Unified State Register of Rights to Real Estate and Transactions with It.

This agreement is considered concluded from the moment the agreement is signed by the parties.

10.

This agreement is drawn up in three copies, two of which are handed over to the parties to this agreement, and the third copy remains in the files of the Office of the Federal Service for State Registration, Cadastre and Cartography for the Rostov Region.

COMMENTARY on the Agreement on determining shares in an apartment

The presented sample document is the simplest example of an agreement on determining shares in an apartment located in an apartment building, which can be concluded between individuals and which contains a minimum set of information and essential conditions necessary for concluding an agreement on determining shares in an apartment and subsequent state registration rights of common shared ownership of the specified real estate.

Property owned by two or more persons belongs to them under the right of common ownership.

Agreement of co-owners on the procedure and conditions of ownership and use of common property

Taking into account the fact that several persons can be the owners of property at the same time, and due to circumstances it is not always possible to allocate a specific share from the total property mass, standards are established at the legislative level that regulate the rights and obligations of co-owners in relation to each other.

Article 247 of the Civil Code of the Russian Federation states that the ownership, use and disposal of jointly owned property is carried out on the basis of agreements of all parties who have a certain property interest.

However, this agreement must necessarily take into account specific shares that belong to the co-owners of the property under the rights of common ownership (Article 254 of the Civil Code of the Russian Federation).

Based on this, it can be argued that the ownership, use and disposal of jointly owned property is carried out based on the terms of the agreements reached by all owners. Taking into account the specifics of objects that are under the control of several citizens at once, several procedures for the exercise of property rights can be established:

use of the property as a whole;
use of a separate part of the property, which is proportional to the share that belongs to a specific owner;
receiving compensation in monetary terms if for some reason it is impossible to use the property.

AGREEMENT on determining shares in the right of shared ownership of a residential building (construction)

Gr. _________________________________________________________, (indicate last name, first name, patronymic)

hereinafter referred to as “Side 1”, and gr. _________________________________ _____________________________________________________, (indicate last name, first name, patronymic)

hereinafter referred to as “Party 2”, and collectively referred to as the “Parties”, have entered into this Agreement as follows:

1. The parties carry out the joint construction of an individual residential building, further referred to in the text of the agreement - “Facility”. Construction of the Facility is carried out in a cottage village on two land plots located at the address: Moscow region, Pushkinsky district, Zhukovka village, plot No.___ with an area of _____________ (hereinafter in the text agreement “Plot 1”) and at the address: Moscow region, Pushkinsky district, Zhukovka village, plot No.___ with an area of _____________ (hereinafter referred to as the contract “Plot 2”)

2. The procedure for the parties’ participation in the construction of the Facility is determined by the agreements

— Party 1- Agreement on the assignment of rights of claim and transfer of capital investments under contract No.___from______, concluded between Party 1 and LLC “InvestStroyCapital-2” Legal address: 141212, MO, Pushkinsky district, pos. Lesnye Polyany, st. Central, 7

— Party 2- Agreement on the assignment of rights of claim and transfer of capital investments under contract No.___from______, concluded between Party 2 and LLC “InvestStroyCapital-2” Legal address: 141212, MO, Pushkinsky district, pos. Lesnye Polyany, st. Central, 7

3. The parties determined the mode of shared ownership of the Facility after completion of its construction

4. The parties have determined that the Party that has properly fulfilled its obligations under the contracts specified in clause 2 of this agreement is considered to have fulfilled its obligations for the construction of the Facility, and from the moment of their fulfillment it has the right to a share in the facility in the amount specified in clause 5 of this agreement.

Agreement on determining shares in common property

Recently, the agreement on determining shares has become widespread, facilitated by the use of maternity capital. Such a document is used when allocating shares to children who are not initially (as a rule) parties to the real estate purchase and sale transaction. An alternative method is a gift agreement.

However, this is not the entire scope of application of such a document. It is also used for any common joint property - property of spouses, peasant (farm) property, etc. But in all cases, it is necessary to have an agreement (agreement) on the amount of shares allocated to each party to the agreement. Otherwise you will have to go to court. The website contains examples of such claims - on determining the shares of spouses in an apartment, on the division of property, etc. And in case of doubt, consulting a lawyer will help you determine how to protect your rights.

Agreement on determining shares in common property

Division of real estate in court

If it is not possible to peacefully resolve issues regarding the property of the spouses, the husband and wife have to go to court. Usually a claim is filed for division of an apartment between spouses. During its consideration, a decision is made on the shares due to the spouses and how the housing will be maintained after the divorce. If we are talking about dividing a mortgaged apartment, a third party must be involved - the bank. Until the loan debt is fully repaid, the property remains pledged to the financial institution, so it is impossible to carry out any transactions with it without prior approval.

When considering a claim for division of property, the judge usually decides that the spouses are entitled to equal shares. The exception is cases where minor children have the right to their share. The presence of a young child may affect the size of the share of the parent with whom he will remain to live.

Having examined the statement of claim for the division of an apartment between spouses, the judge may make the following decisions:

transfer ownership of the housing to the wife (husband), obliging the other party to pay compensation;
sell the property and divide the funds equally;
to divide real estate in kind (accepted extremely rarely).

A statement of claim for division of property is filed at the place of residence of the defendant or the location of the apartment.

Example of an agreement on determining shares in common property

Agreement on determining shares in common property

Omsk October 17, 2021

Rylin Stanislav Sergeevich, born 07/05/1982, passport of a citizen of the Russian Federation series 19 78 number 193255, issued by the Department of the Federal Migration Service of Russia for the Omsk region in the Sovetsky district of Omsk on 07/10/2012, residing at the address: Russia, Omsk region, Omsk , st. Rasputina, 17, apt. 205 on the one hand, and

Dobryanova Tamara Igorevna, born on September 11, 1985, passport of a citizen of the Russian Federation series 79 84 number 496685, issued by the Department of the Federal Migration Service of Russia for the Omsk region in the Zheleznodorozhny district of Cherlak on September 20, 2011, living at the address: Russia, Omsk region, Omsk , st. Rasputina, 17, apt. 205, on the other hand, hereinafter referred to as “Owners”,

being the legal representatives and jointly acting on behalf of the minor Maxim Stanislavovich Rylin, born on 02/05/2009, birth certificate series KE 798546, issued by the Civil Registry Office of the Sovetsky district of Omsk on 02/15/2009, residing at the address: Omsk, st. Rasputina, 17, apt. 205,

have entered into this agreement as follows:

The owners, by right of common joint ownership, own apartment No. 205, located at the address: Omsk, st. Rasputina, house 17, consisting of 2 rooms with a total area of 53 sq.m., including a living area of 32.4 sq.m., cadastral number 55:49:44565:784 (hereinafter referred to as “property”), on the basis of a purchase agreement sales dated 10/05/2011, which is confirmed by the Certificate of State Registration of Rights, series AC No. 498728, issued on 10/11/2011.

The property was acquired by the owners during marriage and is jointly acquired property in accordance with Art. 34 of the Family Code of the Russian Federation, using maternity capital funds.

By this agreement, the owners, by mutual consent, have agreed to determine the shares in the above-mentioned common property as follows:

– Rylin Stanislav Sergeevich – 1/3 of the total property

– Tamara Igorevna Dobryanova – 1/3 of the total property

– Rylin Maxim Stanislavovich – 1/3 of the total property.

Each co-owner has the right to demand the allocation of a share located in the common property.
The property in respect of which the agreement was concluded has not been sold, is not encumbered by the rights of third parties, is not mortgaged, is not in dispute and is not prohibited.
The right of shared ownership is subject to state registration. All costs associated with state registration of rights are borne jointly by the parties.
The disposal of property in shared ownership is carried out by agreement of all its participants.
All other issues not regulated by this agreement are resolved by the co-owners in accordance with the current civil legislation of the Russian Federation.
All changes and additions to this agreement must be made in writing and signed by both co-owners.
This agreement is drawn up in three copies, one of which is kept by the authorities carrying out state registration of rights to real estate, and one copy by each party.
Details and signatures:

Contents of the agreement on determining shares in common property

To prepare the document you will need:

title documents for property - registration certificates, extracts from the Unified State Register of Real Estate
passport details of the parties, registration addresses
marriage documents, birth certificates of children, etc.

Draw up the text of the agreement according to the above example (sample). It is not necessary to have the document certified by a notary. But an appeal to Rosreestr is inevitable, because the transfer of ownership of real estate, which is the subject of an agreement on determining shares in common property, is subject to state registration.

Clarifying questions on the topic

Hello! Isn’t the agreement in Rosreestr required in notarial form!?

Notarization is required only by the agreement of the spouses on the division of property, including by determining the shares in the right of common joint property. In other cases, notarization of the agreement on the determination of shares is not required.

I bought a dacha 5 years before marriage and executed the document during marriage. What to do during a divorce?

The dacha will be considered acquired during marriage. if the spouse claims it. you will need to prove that you purchased it with your own money before marriage. If you don’t claim, then the property will simply remain yours.

Property – the apartment was purchased during marriage and registered as the property of the husband. Can we distribute the shares as follows: 18/20 shares as joint property of the husband and wife, and the remaining 120 shares as shared property for the children? And without notarization?

You can do it as you wrote. Only with shares you must contact a notary. There is no point in recording shares for children; you will only get problems for the future if you decide to somehow dispose of the apartment or shares.

There is a plot of land owned by mother and daughter (in equal shares). The house has now been built and we are sending a notification about the completion of the construction of the house through the MFC website. At one of the points in filling out such a notice, it is required to provide an “Agreement on the determination of shares in the right of common shared ownership. concluded between the legal holders of the land" (they write, it must be notarized!) How to fill out such a form (the daughter acts under a power of attorney from her mother - a power of attorney drawn up for all occasions) and is it necessary to notarize? Thank you

If such a requirement is established, then the agreement will need to be certified by a notary. A daughter, acting by proxy from her mother, will not be able to enter into an agreement with herself. Therefore, in your case, with documents for a land plot, the mother and daughter must contact the notary in person (or the mother can issue a power of attorney to another person). Then, with the subsequent preparation of documents, the daughter will again be able to act under a power of attorney from her mother.

The apartment was purchased using maternity capital, how to draw up an agreement to determine the shares?

Typically, equal shares are determined for all co-owners (parents and children).

A house with a plot of land was purchased using maternity capital, how to correctly draw up an agreement on determining shares?

Contact a notary. Typically, an agreement is drawn up to determine the shares of all family members in equal shares.

Compilation rules

The agreement on the division of the house is written in any form in compliance with the rules of office work. It is advisable to contact a professional lawyer to draw up the document.

The text must contain the following information:

Date of preparation;
place of compilation;
information about the participating parties (full name, identity card details, date and place of birth, registration and residence address);
civil status of the parties, i.e. whether they are married, with reference to the marriage registration certificate or divorce certificate;
information about the divisible object. It must be complete (address, number of rooms and floors, total and living area, information about the land plot on which the house is built). This paragraph requires references to all technical documentation regarding the building and land;
a new procedure for distributing shares in a house with reference to the technical plan;
signatures of the parties with transcripts.

The agreement must be certified by a notary. Without it, Rosreestr will not register property rights. When contacting a notary, you must submit the following documents:

identification documents of the parties;
marriage/divorce certificate;
cadastral and technical plans of the house;
documents confirming ownership of the real estate.

You will need to pay a fee for notary services. Its size is calculated according to the standards set out in Art. 333.24 Tax Code of the Russian Federation.

Rosreestr: The agreement on determining shares in the common property of spouses is certified by a notary

Rosreestr published an explanatory letter in which, based on the provisions of the Family Code of the Russian Federation, it prescribed that the agreement on determining the shares in the common property of the spouses must be certified by a notary. This definition of Rosreestr will help clarify and help management organizations when counting votes at the general meeting of owners on agenda items. Details in today's article.

Common property of spouses and its division

According to the Family Code of the Russian Federation, the common property of spouses acquired during marriage is their joint property, unless otherwise established by the marriage contract (Clause 1, Article 33 of the Family Code of the Russian Federation). At the request of the spouses, before or during marriage, a marriage contract can be drawn up and concluded in writing, which is certified by a notary (Clause 1, Article 42 of the Family Code of the Russian Federation).

The division of common property or its individual types is carried out upon divorce or during marriage at the request of any of the spouses. In addition, the division of common property can be carried out at the appropriate request of the creditor to foreclose on the share of one of the spouses.

The common property of the spouses , acquired jointly during marriage, is divided between them by agreement. This agreement must be certified by a notary (Article 38 of the Family Code of the Russian Federation). The document serves as the basis for the emergence, change and termination of the rights and obligations of spouses in relation to their jointly acquired property during marriage.

According to the law, the common property of spouses can be divided between them in kind or in shares (clause 3 of Article 38 of the Family Code of the Russian Federation). A document on the division of the common property of the spouses acquired during the marriage, with a definition of the natural value or shares, must be notarized (clause 2 of Article 38 of the Family Code of the Russian Federation).

Possession, use and disposal of common property of spouses

Quite often you may encounter a situation where a specific piece of property is under the control of the spouses.

The law states that any property acquired during marriage is distributed equally between the couple.

Based on this, the ownership, use and disposal of the common property of the spouses is carried out by them independently. Article 35 of the Civil Code of the Russian Federation states that when concluding any transaction with property, the consent of both spouses is automatically provided. If the transaction is carried out in circumvention of the interests of one of the spouses, then he has the right through the court to annul its terms and have the transaction declared illegal.

If the situation concerns property, the rights to which must be confirmed through state registration, then in order to carry out any actions with this property, it is necessary to obtain the notarial consent of the second spouse to implement specific measures to dispose of the total property mass.

Author of the article

Real estate under the right of common ownership of spouses

Real estate under the right of common ownership of spouses belongs to spouses under the right of joint and common shared ownership (Article 244 of the Civil Code of the Russian Federation). The spouses' shares in the right of common ownership of real estate are determined by their agreement or on the basis of law (clause 1 of Article 245 of the Civil Code of the Russian Federation). If the size of the shares is not determined, then they are recognized as equal.

The uncertainty regarding the spouses' shares in joint real estate makes it very difficult to count votes at the general meeting of owners of premises in the apartment building. Because, if the proportion of spouses living together in the same apartment or room in a communal apartment is not known, then it is impossible to correctly count the votes at the OSS.

Letter from Rosreestr

Letter of Rosreestr dated 31.03.2016 No. 14-ref/04224-GE/16 “On notarization of an agreement on determining shares in the common property of spouses” (together with Letter of Rosreestr dated 10.03.2016 No. 14-ref/03029-GE/16, Letter The Ministry of Economic Development dated March 18, 2016 No. OG-D23-3321 “On consideration of the appeal”) brings clarity to the issue of division of common property acquired in a joint marriage.

In addition to the Family Code, Rosreestr also refers to judicial practice (Decision of the Supreme Court of the Russian Federation dated November 24, 2015 No. 18-KG15-203, Appeal Determination of the Moscow City Court dated July 28, 2015 in case No. 33-25275/2015), which confirms the fact that :

spouses have the right, at their own request, to dispose of common joint property (part of it) acquired during marriage, on the basis of a marriage contract or any other agreement (agreement);
an agreement on the division of property serves as the basis for the emergence, change and termination of the rights and obligations of spouses in relation to their property acquired jointly during marriage;
The common property of the spouses can be divided between them by mutual consent in kind or in the form of shares.

Based on this, Rosreestr believes that the agreement on determining shares in the common property of spouses acquired jointly during marriage, along with the marriage contract, must be notarized (Articles 38 and 41 of the Family Code of the Russian Federation).

Also in the review of judicial practice on this issue, you can consider Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 of 04/29/2010 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other property rights” . This Resolution of the Plenum contains similar arguments. In addition, the document resolves disputes about the rights to land plots on which apartment buildings are located, referring to parts 1-5 of article 16 of Federal Law No. 189 of December 29, 2004 “On the entry into force of the Housing Code of the Russian Federation” and part 1 of article 36 Housing complex of the Russian Federation.

Thus, this agreement will enable management organizations to correctly determine the spouses’ shares in the common ownership of real estate. Based on clearly defined shares, the management company will be able to correctly count votes at the general meeting of owners . This, in turn, will help management organizations correctly distribute the burden of responsibility for the maintenance of common property in apartment buildings between all owners of premises in a given building in proportion to their shares in the common property.

How to split bills

To distribute payments for housing and communal services, you need to contact the management company or HOA, or the service providers directly, with an appropriate proposal.

The procedure does not involve the allocation of shares in kind and the installation of separate meters (since this is impossible). It is enough that the extract from the Unified State Register indicates the size of the shares for each owner.

So, what documents need to be prepared to separate accounts:

Application to determine the procedure for payment for housing and communal services.

In fact, the procedure for separating bills is precisely the determination of the payment order. The wording “separation of accounts” has not been used since 2005, after amendments were made to the Housing Code of the Russian Federation.

Extract from the Unified State Register of Real Estate.
Passports.
An agreement between the owners, drawn up in simple written form (check the need for its preparation in your management company).

In the agreement, the parties indicate in what proportions payment for housing and communal services should be made and ask the management company to generate separate receipts for each party.

In practice, management companies most often refuse to split accounts. If the distribution of bills occurs because one of the residents refuses to pay, and the other no longer wants to bear the costs alone, then the division of receipts for utilities is not beneficial. So they will have even more debtors.

The Criminal Code can consider an application for at least a month. If a refusal is received, the owners (or one of them) have the right to go to court to resolve their issue.

Download an application for division of a personal account for payment of utilities (sample)

agreements on the division of utility bills (services)

Read: The procedure for carrying out major repairs in an apartment building

Through the court

District courts deal with such cases. In addition to the claim to determine the procedure for payment for housing and communal services, the court must provide legal documents for the apartment and state fees.

The court may decide on contributions for utility costs in accordance with the size of the share in the common property right. But a court decision is not a guarantee of ending communal disputes between owners.

After the court decision enters into legal force, it must be transferred to the Criminal Code for the generation of separate receipts.

Download the statement of claim for division of a personal account (sample)