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.

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Agreement on determining shares in common property

Example of an agreement on determining shares in common property

Agreement on determining shares in common property

Omsk October 17, 2021

We, the undersigned,

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:

1. 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.

1. 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

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

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

1. Each co-owner has the right to demand the allocation of a share located in the common property.
2. 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.
3. The right of shared ownership is subject to state registration. All costs associated with state registration of rights are borne jointly by the parties.
4. The disposal of property in shared ownership is carried out by agreement of all its participants.
5. 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.
6. All changes and additions to this agreement must be made in writing and signed by both co-owners.
7. 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.
8. Details and signatures:

Rylin S.S.

Dobryanova T.I.

Methods for allocating the share of spouses

There are three ways to initiate the procedure for dividing real estate:

1. By agreement of the parties.
2. During the conclusion of the marriage contract.
3. With the help of the judiciary.

Sample agreement on determining a share in an apartment.

In the first case, an agreement is drawn up with a notary, which is considered legal if all formal and legal norms are observed.

In this document, the shares can be divided in any way that suits the spouses (taking into account the interests of minor children, if any). Read here how a marriage contract differs from an agreement.

The second option for dividing real estate is the least expensive in terms of time and money investments, since everything was decided in advance, and in fact all that remains is to implement the agreement signed before the marriage.

The third method is necessary for those couples who have not drawn up prenuptial agreements and cannot come to an agreement on their own. The court most often divides the property in half, and only extremely strong evidence can force them to slightly change the shares of the former couple.

Most often, an agreement on the distribution of shares between spouses is drawn up according to a sample, but this is not mandatory. There are many standard contracts in this area, but it is best to use the simplest and most understandable option.

What is an agreement to determine shares in common property?

This is not about the real division of property that is in shared ownership (or was in common ownership before the allocation of shares). But only about determining the size of shares by agreement between the parties. When determining shares, common property turns into shared property. And only then is it possible to allocate your share in kind. In a pre-trial procedure (an agreement on the division of a land plot between the owners, on the allocation of a share) or by filing a statement of claim.

A popular question is: is it necessary to allocate equal shares to children as their parents (when using maternity capital funds)? It's not obligatory. However, the Pension Fund of Russia recommends taking into account the minimum housing standards that are established in each region (or municipality) and allocating shares whose area will not be lower than the established one. On average, this is 10-12 sq.m.

Is it possible to specify the allocation of shares in a marriage contract?

It is not necessary to draw up a separate agreement on the allocation of shares in an apartment according to the sample; you can include the necessary clauses in the marriage agreement.

If the marriage contract specifies shares other than the division according to the general rule (50/50), then the spouse will not be able to appeal the essence of the agreement in court, provided that it was signed voluntarily, without outside pressure and in good health of the parties.

In addition, the prenuptial agreement can specify special circumstances under which the shares may change. For example, if the reason for the divorce is the infidelity of one of the spouses, his share in the common property may decrease if this is agreed upon in advance and written down in the documents.

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.

Grounds and procedure for allocating the share of spouses

Most often, the basis for allocating the spouses' share in common real estate is divorce proceedings. If neither party wants to be compensated for their share of the property, then in a divorce it will need to be divided through a share agreement.

The procedure for allocating the spouses' share depends on whether this will happen in the courtroom or outside it. If citizens were able to come to an agreement on their own, then the entire procedure for dividing property will take place in the notary’s office and will take a maximum of two to three days. If the case goes to court, the litigation can last from a month to three, depending on the judge’s workload and the presence of circumstances complicating the process.

How to correctly draw up an agreement on the division of a land plot between owners

The agreement for the real division of a land plot is drawn up in simple written form between all its owners.

If real estate belongs to several persons on the basis of joint or common shared ownership, then its division is impossible without drawing up the specified document.

However, before drawing up this agreement, the following steps must first be carried out.

Owners must determine:

• how the land plot will be divided, namely into what shares and shares;
• boundaries of newly created plots.
• the legality of such a division, due to the fact that not every property is subject to division.

Find out more about indivisible land plots.

What areas can be divided?

Basically, restrictions on division are related to the intended purpose of the site or its form of ownership.

Thus, during division, each newly created plot must have exactly the purpose that corresponded to the original purpose of the original plot.

For example, if the property was primarily used for agricultural needs, then the newly formed parts should be used for such purposes. Similar rules will apply when dividing sites for urban development.

If the intended purpose of the plot is a subsidiary plot, then its size is determined by local government bodies by signing local regulations.

In the absence of such documents, land surveying of divisible real estate is carried out on the basis of regulations established by the rules of land use and development.

Important! Theoretically, it is possible to achieve a change in the purpose of the site. But only after the partition. According to the agreement, the parties do not have the right to determine for what purposes in the future the owner plans to use part of his land.

Example. Co-owners Ivanov and Petrov, each owning ½ share of the land plot, decided to actually divide the plot. The land had previously been inherited by them after the death of their father. The necessary cadastral work was carried out, the boundaries of the new plots were determined. Initially, the plot was intended for personal farming, but after concluding a division agreement and registering it, Petrov decided to change the category of land. They submitted an application to change the purpose of the plot to land for individual housing construction.

What to write in the separation agreement?

An agreement on the voluntary division of a land plot between owners must contain the following information:

• personal data about all owners of divisible real estate (full name, information about place of residence, passport number and series);
• information about the shares owned by each co-owner;
• details of the entry in the Unified State Register of Rights to Land, the grounds for its occurrence;
• location of the land plot;
• cadastral number of the plot;
• method of division of real estate approved by all owners;
• data confirming consent to the division of property given by all parties to the agreement;
• reflects the procedure for terminating common shared ownership after state registration of new plots is carried out;
• the absence of encumbrances on the site from third parties, as well as encumbrances in the form of a pledge or arrest, is indicated.
• the moment of emergence of ownership of the divisible plot;
• determining the method of payment for expenses associated with the division of property;
• grounds for the entry into force of the signed document;
• obligations to perform all actions provided for in the agreement;
• place of drawing up the agreement;
• date of endorsement of the document and signatures of all parties to the transaction.

Sample agreement on the division of a land plot of shared ownership 2021

Each case of land division is purely individual. You can try to draw up the necessary documents yourself, but it is better to entrust their preparation to experienced lawyers.

The sample agreement presented below can be used for information and for drawing up an agreement yourself.

Important! The Rosreestr service will not accept an incorrectly drawn up agreement when re-registering property rights.

Is the agreement notarized?

The legislation does not regulate a direct rule that would provide for the obligation of owners to notarize an agreement. However, such actions will not be superfluous if any of the parties changes their mind and refuses the deal, which will help avoid lengthy legal proceedings.

Also, the parties may require notarization of the transaction in case the procedure for registering rights under the agreement is postponed for a long time.

Any land owner has the right to insist on notarization of the concluded agreement.

Today, such a document is subject to state registration in Rosreestr and cadastral registration in the corresponding cadastral division of Rosreestr.

At the same time, the signed agreement on the division of real estate is subject to mandatory endorsement at the territorial branch of the administrative body located at the location of the divided plot, whose powers include carrying out these actions.

Procedure for registering an agreement

An agreement on the division of a land plot is not subject to state registration in a separate manner.

However, it is included in the list of necessary documents that should be submitted to the Rossreestr authorities to register ownership of newly created land plots.

So, to carry out this procedure you will need to collect the following papers:

• personal identification documents of all plot owners;
• application for registration of a plot of land for cadastral registration and registration of property rights to newly created land plots;
• conclusion of the local administration on assigning addresses to new sites;
• land survey plan;
• agreement between property owners on its division;
• documents confirming ownership of the divisible plot;
• confirmation of payment of state duty (optional).

Before applying to register the transfer of rights under a land division agreement, it is better to consult an experienced lawyer.

He will tell you the main composition of the documents and help you determine their list. It is also advisable to ask the question to representatives of Rosreestr at your place of registration.

What is not joint property?

During the divorce process, only jointly acquired property is divided. This is not considered:

1. The property that was purchased before marriage.
2. Inheritance.
3. Gifts (even large ones, like real estate).
4. Results of intellectual and creative work (rights to artistic works, scientific publications).
5. Lottery winnings, if they were correctly registered with the tax authorities.

A sample agreement on the allocation of a share in an apartment can be found below.