Agreement on division and determination of shares in common joint property: sample

Sometimes a situation arises for owners in which it is necessary to draw up an agreement on determining shares in property. To ensure that it does not contradict the law, one must refer to the RF IC, the RF Civil Code, as well as a number of federal laws (for example, Federal Law No. 256 “On Maternity Capital”) and by-laws. All interested parties need to monitor legal developments on this issue. Thus, in the current year 2021, the procedure for registering agreements regarding real estate acquired using maternity capital has changed.

What is a share distribution agreement?

The procedure for allocating shares in common joint property has become widespread over the past decade. This is due, first of all, to campaigns to provide maternity capital and privatization. The process of allocating shares in 2021 in most cases is related to real estate, but by law it can be carried out in relation to any property.

It is necessary to distinguish between joint and shared ownership. In the first case, the parties own the property jointly under the same conditions with equal rights and obligations (standard example: a spouses’ apartment, which is joint property). The right of shared ownership presupposes individual ownership of a specific part of the common property.

The reasons for drawing up an agreement to determine the share in 2021 may be different:

• The parties to the agreement are strangers who have become the owners of one apartment. Further division by court is impossible unless everyone legally fixes their share;
• when purchasing real estate, maternity capital was used, which automatically imposes an obligation on parents to allocate shares in the apartment to their children;
• spouses prefer in advance to differentiate ownership rights to property not according to the principle of equality of shares defined by the Family Code;
• legal necessity to allocate shares in the apartment for children.

The size of shares can be determined at the discretion of the parties. The main thing is that when drawing up an agreement, all participants agree with it. Otherwise, it becomes necessary to go to court.

Rules for the distribution of shares in the common property of spouses during a divorce.

This document does not record the actual division of property, it only determines the share of the right for each owner. If the property was in common ownership, then from the moment the agreement is signed and certified, it becomes shared property.

On our website you can see and are in common ownership.

Options for real division of property

In most cases, the real division is relevant for land plots or private households. It is used less often for an apartment and almost never for any other type of property. In the usual manner, the property is simply physically divided into several parts (fences are installed on the site, new partitions are installed in the house). But in some situations, when it is not possible to actually divide a particular object, the parties can agree that the shares are redeemed or exchanged for other property. In fact, this will no longer be a separation agreement in its pure form, but it may include similar clauses.

The actual division of property with the simultaneous termination of shared ownership can be a rather complex process, especially when the property has many owners with different interests and parts of ownership. In such a situation, it is recommended that you first discuss the issue with experienced lawyers at our free consultation. We will be able to determine the main points of the division of property, elements that deserve attention, and even help with the support of this transaction.

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Legal regime of marital property

The RF IC determines that property acquired by spouses in a legal marriage with funds from the common family budget is joint property (Article 33). If they wish to establish a different form of ownership, then before or after the wedding they have the right to draw up a marriage contract (Article 42).

If one of the spouses has such a desire, then the division of property in common ownership can be carried out both during the marriage and after its dissolution. A third interested party may also request the procedure.

For example, creditors who need to collect debt from a husband or wife.

Spouses have the right to divide joint property through a settlement agreement. The division may be carried out in kind or in shares (Article 38 of the RF IC).

If we are talking about real estate, then the spouses own it as joint property or draw up an agreement to determine the share. If controversial issues arise in the division of property, the husband or wife have the right to file a claim in court. When dividing common property in 2021, the shares of the spouses will be recognized as equal, unless other conditions are fixed in the marriage contract. When a real division of property is made, each spouse receives real estate according to the previously awarded shares.

Division of common shared property

The division of a residential building in kind between owners is carried out when they want to separate their part from the common property.

If there are difficulties in the section, experts offer their solutions, adjusting the shares and calculating the amount of compensation.

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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.

AGREEMENT on the real division of a residential building in the city of __________________ _________________ (date in words) We, the city of __________________________________________________________ and the city of __________________________________________________________, residing on _______________________________________________________________________, have entered into this agreement as follows: 1.

This type of agreement is a standard document similar to any other agreement. When drawing it up, you should take into account the main features and points that must appear in it, as well as the fact that such agreements must be notarized without fail. Otherwise, they have no legal force.

Shares for an apartment or residential building

The terms of the agreement on the allocation of shares may establish any size thereof. It should be taken into account that after the procedure, each transaction with this real estate will require notarization. Regardless of the size of the allocated share, each owner is an equal participant.

Determination of shares based on maternity capital

Federal Law No. 256 establishes that if real estate was acquired or reconstructed using maternity capital funds, then a share in the apartment must be allocated to each family member. This means that if maternity capital was accrued after the birth of the second child, then both children and each parent should receive equal shares (provided that the spouses are married).

Should maternal capital be shared by the father?

Not really

From April 2021, the procedure for allocating shares for minor children in property has been simplified. Now, if the apartment was initially registered as joint property, when drawing up an agreement, you do not need to have it certified by a notary. But if the property is in shared ownership, contacting a notary office is necessary.

Determination of shares in a mortgaged apartment

An agreement to determine shares in a mortgage apartment in 2021 cannot be valid until the loan debt is fully repaid. It’s just that the bank that holds the property as collateral will not give permission to carry out the transaction, because this will require changes to a large number of documents.

Determination of shares between spouses and children

If there is a need to determine shares in property between relatives, then, at the request of the parties, the agreement is drawn up in simple written form. When a transaction affects the interests of minor children, it is required to initially obtain the consent of the guardianship authorities. Parents or guardians are required to represent the interests of the child. They also sign the text.

Sample agreement on division of common shared property

Moreover, in order to make a gift, he does not need to ask permission from other participants in the common shared property.

The parties' shared ownership of the said residential building with outbuildings is terminated due to the actual division of the common property.

Any owner who owns part of the real estate common property has the full right to allocate his share. How is the calculation done?

The parties' shared ownership of the said residential building with outbuildings is terminated due to the actual division of the common property.

The size of the rooms is different, and accordingly the size of the share. Utilities and taxes, with this type of property, everyone pays for themselves and only for their own meters. The allocated share can be given as a gift or sold without the consent of all other owners. However, during the sale, other “owners” will have the privilege of the right to buy out the share as a matter of priority.

Joint common ownership may include the property of spouses (Article 34 of the Family Code of the Russian Federation) or members of a peasant farm (Clause 3, Article 6 of the Law “On Peasant Farming” dated June 11, 2003 No. 74-FZ).

How to draw up an agreement on determining shares in an apartment

To prepare the agreement for signing, interested parties will need the following documents:

1. Civil passports of all future owners who have reached the age of 14 and birth certificates for persons under 14 years of age.
2. Documents on the right to property, in which shares are determined (extract from the Unified State Register, certificate of registration, etc.).
3. Certificate of marriage (or its termination).

According to Rosreestr Letter No. 14 (dated March 10, 2016), the agreement is subject to mandatory notarization after it is drawn up. After signing, it is necessary to carry out state registration of the right to the received share in the Unified State Register of Real Estate.

Sample agreement on distribution of shares

The agreement on determining shares can be drawn up in a simple free form. All owners must put their signatures on it. If these are minor children, then their parents or guardians sign for them. There are no special requirements for the form of the agreement, but it is desirable that it contain the following information:

• basic information about the owners (full name, passport details or birth certificates);
• information about title documents for the property in which shares are allocated;
• an indication of the address at which the property in which the shares are allocated is located;
• main characteristics of divisible property;
• a clear delineation of shares: which of the owners owns and how much.

This agreement may contain a number of additional terms and conditions.
For example, the conditions for using the property in which shares are allocated, the possibility of making changes to the agreement, etc. To determine shares in an apartment in 2021, interested parties should resort to drawing up an agreement. If a peaceful resolution of the issue is not possible, then litigation will be the solution.

How the right of joint ownership is terminated

One has 30%, the second 50% and the third 20%. When paying the state duty, they can pay the required amount in the same ratio. So, half will be paid by the one who owns 50% of the plot, a third will be paid by the owner of 30%, and the rest will be paid by the third owner.

We will proceed from the example of spouses who decided to divorce and divide common property. Other situations are completely similar. So, during a divorce, spouses can continue to use common property on the basis of certain agreements, or they can start the process of dividing it.

In most cases, the conclusion of a prenuptial agreement is caused by the purchase of valuable property, for example, real estate.

The inventory assessment of the specified part of the residential building is (indicate the amount in figures and words) rubles, which is confirmed by a BTI certificate dated (indicate the date, month, year).

Registration procedure

The procedure for completing the agreement is discussed in more detail in the list below.

1. Valuation of property that is subject to division. This procedure can be carried out by all participants in the process, or you can use the professional services of a licensed company. The cost of the inheritance must be present in the document, as it affects the amount of the state duty.
2. Coordination of all conditions with all existing owners. If one of the owners does not agree with the main points of the contract, then the conclusion of the transaction may not take place.
3. Drawing up an agreement according to the provided sample. The document must contain all share owners who agree to the division of shared ownership.
4. Certification of the application by a notary. When drafting a document, it is best to take a sample from a lawyer. The specialist will immediately correct all errors and advise the most profitable option for resolving the issue.
5. Contacting the BTI to obtain amended technical passports for all shared owners of real estate.
6. Registration of property rights in Rosreestr upon submission of the necessary documents (new technical passport, division agreement).

Drawing up an agreement

The agreement is an official document that must contain the necessary data of the following nature:

• personal data of all shared owners of real estate (full name, passport details);
• a detailed description of the property to be divided (general area, purpose of the land plot, indication of buildings);
• data presented in the technical passport issued by the BTI;
• the value of the agreement, which determines the actual valuation of the property to be divided. All interested parties also agree among themselves on proportionate contributions of parts of the state duty;
• description of the current situation with the division of existing shares (indication of the ownership rights of all co-owners to this property);
• detailed information about the property and the possible presence of any problems (arrests, encumbrances, mortgaged real estate);
• a clear indication of the plan for the division of shared ownership between all property owners;
• the conditions for the use of additional buildings are determined in the case when there are objects on a given living space that are not subject to division and require operation from the owners of shared ownership;
• date of drawing up the document and signatures of all owners participating in the division of property.

Deadlines for document preparation

Drawing up an agreement on the division of shared ownership can be concluded at any time when agreements are reached between all co-owners of the property. The document is drawn up during marriage or after divorce.

The statute of limitations does not play a special role when concluding a document and is observed when resolving controversial issues in court. If all parties have reached mutual agreement on the division of property, then drawing up the document takes on average 2–3 hours.

Sample agreement on shared ownership and real division

(name of locality) (day, month, year in words)

    We, citizens of the Russian Federation (indicate last name, first name, patronymic, date and place of birth, gender), residing at the address: ____________, passport (indicate series and number, date of issue and name of the authority that issued it) and a citizen of the Russian Federation Federation (indicate surname, first name, patronymic, date and place of birth, gender), residing at the address: ____________, passport (indicate series and number, date of issue and name of the authority that issued it), who are co-owners of a residential building with outbuildings outbuildings, located at the address: (indicate the region, village (city), street, house number), being of sound mind and good memory, acting voluntarily, have entered into this agreement as follows: 1. The specified residential building, consisting of a main (brick) , log) building (indicate the letter, and the extension) with a total area (indicate the area in sq.m.), living area (indicate the area in sq.m.) and outbuildings and structures: (all outbuildings are listed, indicating the letter) is in the shared property: citizen (full name) – one second (1/2) share in the right on the basis of (specify the name of the title document, for example: certificate of right to inheritance by law (will) dated (specify date, month, year), certified by a notary ( Full name, district), in the register under No. ...; purchase and sale agreement (exchange, gift) dated (specify date, month, year), registered...), which is confirmed by the Certificate of State Registration of Rights dated (specify date, month, year) series and number issued by (specify the name of the body that carried out state registration), registration number, and citizen (full name) - one second (1/2) share in the right on the basis of (specify the name of the title document, for example: certificate of right to inheritance by law (will) dated (specify date, month, year), certified by a notary (full name, district), in the register under No. ...; contract of sale (exchange, gift) dated (specify date, month, year), registered...), which is confirmed by a Certificate of State Registration of Rights dated (specify date, month, year) series and number issued (indicate the name of the body that carried out the state registration), registration number. Another title document may also be specified as a title document, on the basis of which the residential building is owned by the right of shared ownership. In any case, the details of the document being referenced and data on the state registration of the right must be fully indicated. If registration was previously carried out by the BTI authorities, then the number of the BTI registration certificate is indicated. 2. In order to terminate common shared ownership, the parties agreed to make a real division of the residential building and outbuildings in proportion to their shares in the right of common ownership as follows: 2.1. A citizen (full name) acquires ownership of an isolated part of a house with a separate entrance, total area (indicate area sq.m.), living area (indicate area sq.m.). If there is a Resolution recognizing a residential building as a two-flat building, it must be reflected in the agreement and indicate the number of the apartment that becomes the property. 2.2. A citizen (full name) acquires ownership of an isolated part of a house with a separate entrance, total area (indicate area sq.m.), living area (indicate area sq.m.). If there is a Resolution recognizing a residential building as a two-flat building, it must be reflected in the agreement and indicate the number of the apartment that becomes the property. 3. The parties have no material claims against each other. If the division of common property in kind is not made in exact accordance with the parties' shares in the right, the party that received property less than its share in the common property right has the right to receive monetary compensation, which the other party is obliged to pay to it. This also needs to be reflected in the agreement. 4. The agreement comes into force from the moment of its signature and contains the entire scope of the agreement between the parties regarding the subject matter of this agreement, cancels and invalidates all other obligations or representations that may have been accepted or made by the parties, whether oral or written, until conclusion of this agreement. 5. The specified residential building with outbuildings has not been sold, is not encumbered with the rights of third parties, is not mortgaged, is not in dispute and is not under (arrest). 6. Shared ownership of the specified residential building with outbuildings is terminated in connection with the real division of the common property. The ownership rights of each party to the part of the residential building and outbuildings allocated in accordance with clause 2 of this agreement arise from the moment of state registration of the rights of the parties (indicate the name of the state registration authority). The parties undertake to apply for state registration of rights within 30 days from the date of signing this agreement. The parties independently bear the costs of registering the right to the part of the residential building (apartment) and outbuildings belonging to them after the allocation. 7. This agreement is drawn up in three original copies, one of which is stored in (indicate the name of the state registration authority in full) and one copy is issued to each party.

Signatures of the parties:

Gr. (last name, first name, patronymic and signature)_____________________________________________,

Gr. (last name, first name, patronymic and signature)_____________________________________________

Registration

To receive an extract from Rosreestr, owners of all shares must submit to this authority:

• your copy of the agreement on determining shares;
• statement;
• passport or a document replacing it;
• technical and cadastral passports for housing;
• extract from the BTI;
• receipt for payment of state duty.

The registration process in the USRN takes ten days. After this period, you can visit Rosreestr within a month and receive an extract. After a month, if the extract has not been issued, it is transferred to the Rosreestr archive.

After all procedures for determining shares are completed, each of the owners has the right to independently dispose of their part of the apartment:

• sell;
• give;
• leave as an inheritance;
• lay;
• rent out, etc.

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List of required documents

To confirm the legal validity of the agreement, the notary must present a package of certain documents:

• technical passport or other documents confirming ownership of the property;
• passports of all participants in the agreement.

If the division is carried out between two spouses, then it is necessary to additionally provide a certificate of marriage or divorce. You may also need additional paperwork when considering each individual case individually.