Legal services :: AGREEMENT OF PARTICIPANTS IN JOINT PROPERTY

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AGREEMENT OF PARTICIPANTS IN JOINT PROPERTY

________________ "___" _________20__
______________________________________________________________________

(Full name.)

passport: _____________ series No. _____________, issued ___________________________,

residing at: _____________________________________________________ and

(Full name.)

passport: _____________ series N _____________, issued ___________________________,

residing at: _________________________________ together, referred to as the “Parties” and “Participants”, have entered into this agreement as follows.

Subject of the agreement

1.1. The parties to this agreement, being joint owners of the apartment (common property):

address: ________________________________________________________________;

floor: _________________________________________________________________;

number of rooms: _____________________________________________________;

total area: _______________________________________________________:

living space: _______________________________________________________;

cadastral number: ____________________________________________________:

______________________________________________________________________________. on the basis of privatization agreement No. _______ dated “___”__________ 20___, Certificate of state registration No. ____________________, issued by ____________________, we agreed to establish shared ownership of this property in the following shares:

the share of _____________________________________________ is _____%; the share of _____________________________________________ is ____________%.

Rights and obligations of the parties

2.1. A participant in shared ownership who has carried out inseparable improvements to this property at his own expense in compliance with the established procedure for the use of common property has the right to a corresponding increase in his share.

2.2. Separable improvements to common property become the property of the Participant who made them.

2.3. The disposal of common property is carried out by agreement of the Parties.

2.4. A participant in shared ownership has the right, at his own discretion, to sell, donate, bequeath, pledge his share or dispose of it in any other way, subject to the rules provided for in clause 2.5 of this agreement in case of alienation. 2.5. When selling a share in the right of common ownership to an outsider, the remaining Participants in shared ownership have the preemptive right to purchase the share being sold at the price for which it is sold and on other equal conditions, except in the case of sale at public auction.

The seller of a share is obliged to notify in writing the other Participants in shared ownership of his intention to sell his share to an outsider, indicating the price and other conditions under which he sells it.

If the remaining Participants in shared ownership refuse to purchase or do not acquire the sold share in the ownership of real estate within a month from the date of notification, the seller has the right to sell his share to any person. When selling a share in violation of the pre-emptive right, any other Participant in shared ownership has the right, within three months, to demand in court the transfer of the rights and obligations of the buyer to him.

Assignment of the pre-emptive right to purchase a share is not permitted. The rules of this paragraph also apply when alienating a share under an exchange agreement.

2..6. Possession and use of common property (living space) is carried out by the Parties in the following order:

_______________________is granted the right to own and use a residential isolated room _____________________sq.m;

_______________________is granted the right to own and use a residential isolated room _____________________sq.m.

2.7. Income from the use of common property is included in the common property and is distributed among the Participants in shared ownership in proportion to their shares.

2.8. Each Participant is obliged, in proportion to his share, to participate in the payment of taxes, fees and other payments on common property, as well as in the costs of its maintenance and preservation.

2.9. Other rights and obligations of the Parties are determined in accordance with current legislation.

Other conditions

3.1. This agreement is subject to notarization and state registration.

3.2. The responsibility for state registration of this agreement lies with

3.3. The costs of notarization and state registration of this agreement are borne by the Parties in equal shares.

Addresses, passport details, signatures of the Parties

Download the document “Agreement of participants in joint ownership (apartment)”

Sample agreement on the procedure for using common shared property

The agreement must include the following information:

Full name of all legal owners;
composition of joint property (house, apartment, total area, technical characteristics of the object);
the size of the shares of each owner;
on the basis of what documents the co-owners acquired ownership of their part of the residential premises;
conditions and rules for the use of residential premises, including the procedure for using common property that is not subject to distribution;
in what order and in what share do the co-owners bear the costs of maintaining the common property;
validity period of the document;
Date of preparation;
signatures of all parties to the agreement.

Example

After the death of their parents, three sisters inherited their shares of a three-room apartment equally for all of them. But the older sister, even earlier, before the death of her parents, was the owner of a part of the apartment in the amount of one third. Thus, the elder sister became the owner of 5/9, and the sisters 2/9 of the share of the living space.

This is important to know: Agreement on the redistribution of shares in common shared ownership

The sisters decided that it was better for them to immediately determine the procedure for using the apartment, in order to subsequently avoid scandals and squabbles about this. The sisters consulted a lawyer and went to a notary’s office, where they drew up an agreement that:

The older sister will occupy the largest room, the younger ones will live in the smaller room, and they will share the smallest one.
All common property will also be shared equally by all sisters, regardless of the shares of each of them.
All expenses for maintaining the apartment of the sister will be borne in proportion to their parts of the living space, that is, the older sister will pay 5/9, and the younger sisters will pay 2/9 of all expenses for the living space.

Of course, the older sister was somewhat infringed on in her rights to use a residential property, but she decided that this procedure for using her parents’ apartment would be fair.

At first glance, it may seem that any more or less literate citizen can draw up such an agreement. But a person who does not have a legal education may miss some important nuances and not notice the illegality of some requirement. Subsequently, this will result in legal disputes, scandals between owners, and difficulties with the law.

To avoid such problems, it is advisable to consult with an experienced housing lawyer. You can get advice around the clock on our website, by calling the numbers provided, or by contacting our lawyers online.

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Drawing up an agreement

An agreement can be drawn up on two grounds:

as a written confirmation of an already established procedure for use;
as a result of an agreement on a dispute.

The agreement is drawn up in simple written form, that is, it does not require notarization. However, this rule will not be an obstacle to contacting a notary if the co-owners so desire.

The text of the agreement must contain the following information:

Full name of co-owners;
description of the right of each of the co-owners to use the residential premises (share by inheritance, share in the common property of spouses, other ways of acquiring the right of shared ownership);
characteristics and address of the residential premises, including information about the area, number of rooms, common areas;
a statement of the terms of the agreement, namely the will of each of the co-owners to establish a general procedure for use;
the actual terms of the agreement. For example, “the co-owners establish the following procedure for use. Ivanov I.I. enjoys a room of 16 m² and has unobstructed access to the bathroom, storage room and kitchen. Ivanov A.I. enjoys a room of 18 m² and has unobstructed access to the kitchen and bathroom. Ivanova M.I. uses a room of 14 m² and has unhindered access to the balcony, bathroom and kitchen”;
signatures of all parties to the agreement and the date of its preparation.

Agreement on the procedure for using common shared property

A large number of residential real estate properties in Russia are used on the basis of common shared ownership. In some cases, these are apartments privatized by several family members, in others - received as an inheritance or as a gift by several beneficiaries at once, in others - purchased, for example, by spouses who subsequently divorced, and the actual division of housing is impossible. So two people continue to live under one roof, like neighbors.

In such situations, disputes and disagreements often arise about the use of real estate that is in common shared ownership. This problem can be solved by simply concluding a voluntary agreement on the procedure for using a common property.

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