Shared ownership of a house: the essence of the regime and the procedure for registration

Pravozhil.com > Real estate registration > Allocation of a share in kind in a private house, how it is done

Many people do not understand the difference in the concepts of “division of property” and “allocation of a share in kind in a private house.”

The second means that one of the owners takes part of the property into individual ownership.

That is, he receives property that he has the right to dispose of without the consent of other owners.

But for this procedure certain conditions must be met.

Therefore, this procedure mainly applies to residential buildings rather than apartments.

Features of the shared ownership regime

Shared ownership implies ownership and disposal of a certain part in the common property with certain restrictions. If a citizen wants to sell, donate or bequeath his share, it is necessary to take into account the interests of other owners ().

In addition to the fact that the owners dispose of the property with the consent of the other participants, they also bear expenses in proportion to their shares.

Knowing what common shared property is, it is easier to understand the rules of joint ownership. Specific parts belonging to co-owners are not allocated in such a situation. For example, by default it is considered that an apartment purchased by spouses is divided in half between husband and wife. The same can be said about owning a house or a joint farm ().

We invite you to find out in more detail what is the difference between shared ownership and joint ownership.

Shared ownership of residential premises and territory

Common ownership of a house and land occurs very often in practice. The owners exercise their rights in accordance with the intended purpose of the property and to the extent permitted by law. However, if one of the owners of the building contributed to making the house better, equipped it with new equipment, completed the premises, made repairs, he has the right to claim an increase in his part in real estate.

Since a private house is located on a plot of land, this territory is also in the shared ownership of citizens. You cannot sell an exclusively residential property. A transaction should also be drawn up for a land plot under a private house in shared ownership. These components are inseparable from each other.

Learn more about what features common shared ownership of a land plot has.

The emergence of shared ownership of a house or land

The law provides for the granting of ownership rights to one piece of real estate to several people. According to Art. 244 of the Civil Code of the Russian Federation, common property is property that belongs to 2 or more citizens.

If the land and house are common to several owners, it is joint property. If the shares of each of them are allocated in this property, this is shared ownership.

The size of the shares of each participant is established on the basis of a written agreement or in court. By default, if there is no agreement, the shares are considered equal.

The most common situations as a result of which a citizen can become the owner of a share are as follows:

• Receiving property as an inheritance . If a house or land is inherited under a will, the shares of each of the beneficiaries can be determined by the testator. Without direct instructions on the inheritance of parts of property, it is considered that everyone inherits in equal shares (Article 1122 of the Civil Code of the Russian Federation). Also, a share in the inheritance can be allocated according to a court decision if there is a dispute.
• Privatization of real estate.
• Construction of an object on a plot of land , provided that the house will be divided between several owners.
• Receiving property as a gift.
• Construction of a joint farm on a plot of land.
• Allocation by former spouses of shares of property that was jointly acquired during marriage.

Example. The couple purchased a plot of land to build a house. The land was registered in the name of the husband, but according to Art. 256 of the Civil Code of the Russian Federation, property acquired during marriage is considered joint. Each of them owns half of the property. A couple has the right to determine each person’s share in joint property by concluding an agreement or going to court (clauses 2, 3 of Article 38 of the RF IC).

Registration of a share of a house or land

It will not be possible to fully dispose of your share of the house and land without registering the property as your own. To do this, the shareholder needs:

1. Contact the BTI to obtain a technical passport and building plan.
2. Register the property with cadastral registration in Rosreestr. As a result, an extract from the Unified State Register will be issued, with which you can register ownership. If the building is located on the territory of summer cottages, entry into the cadastre is not required.
3. Register property rights in Rosreestr.

Without this procedure, owners will not be able to fully realize their rights and obligations.

For state registration of shares in real estate, it is necessary that the corresponding applications be submitted by all owners whose shares will be changed (distributed) on the basis of the document. If one shareholder applies, he must provide written consents of all interested parties (clause 2 of Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate”).

It may be impossible to allocate a share from joint property if the premises and land are used entirely by the owners, and it is not possible to allocate a share in kind. In these cases, the owners agree on the use of the property and maintain a peaceful neighborhood.

The owners of an object in the form of a house and land can be close relatives or strangers to each other. Determining the mutual rights and obligations of owners allows you to avoid conflicts, misunderstandings and dispose of your share legally.

Determination of shares in common property

Determining contributions to property is important when dividing real estate. The basic rules governing this process are contained in:

• the parts belonging to co-owners are determined by their consent or in accordance with the law;
• the method of determining shares is fixed in the agreement between the participants;
• the size of the shares may vary;
• if a private house in shared ownership was improved with the money of one of the co-owners, he has the right to demand an increase in his share in the property.

Find out how shares in the right of common shared ownership are determined.

Procedure for operating an object owned by several persons

There are two ways to determine the operation of real estate:

1. Reaching agreement between all participants. Citizens discuss and establish mutual rights and obligations for residential premises and land, and other property that belongs to common property.
2. A court determination of how joint ownership of the house will take place. To do this, the participant submits a statement of claim, which sets out the essence of the requirements.

When considering the issue, the court pays attention to the following factors:

• size of share and number of owners;
• presence/absence of family ties between participants;
• registration of relatives;
• layout of the facility, technical feasibility of allocating isolated rooms;
• number of inputs, outputs;
• established order of using the house.

Find out more about what the procedure for using residential premises in shared ownership includes.

Registration of premises in common shared ownership

Registration of a house as shared ownership is a complex legal process. The procedure can be divided into several stages:

1. Determining the size of the property. To do this, you should use the services of appraisers. You will have to pay for this, but the owners of the premises will know the exact area of ​​the plot and the square footage of the building. Information is displayed in the sales contract, certificate of inheritance, or court decision.
2. Obtaining a technical passport and floor plan from the BTI.
3. Registration of a house with a plot in the cadastre authorities and Rosreestr. As a result, an extract from the Unified State Register will be issued. The document allows you to register ownership. If the building is located on the territory of summer cottages, it is not necessary to enter it into the cadastre.
4. Paying the state fee and receiving a receipt. The amount of the fee is fixed in the Tax Code of the Russian Federation.

Each home owner will receive a document confirming the ownership of a share in the property.

Often, property owners are interested in how to register a built house as shared ownership individually, and whether this is even possible. A similar option is provided for in the legislation, but such a citizen must provide written consent of all interested parties

Preparation of documents

Any legal actions with real estate are accompanied by the collection of a package of documents. Its composition depends on the specific situation. As a general rule, in order to register a house as a property, if the land is in shared ownership, you need to submit to the Rosreestr body:

1. Citizen's identity card.
2. The original and a copy of the power of attorney, certified by a notary, if a representative is acting on behalf of the owner.
3. Cadastral passport for housing.
4. Permission to put the building into operation.
5. Documents of title to property: purchase and sale agreement, will, and so on.
6. An application drawn up in the prescribed form and signed by the citizen.
7. Receipt for payment of state duty.

The application along with a package of documents can also be submitted through the Multifunctional Center.

Registration of land plot under the house

To legally use residential premises, you must become the owner or permanent user of the territory on which it is located. In accordance with this, it is possible to privatize the land under the house. In addition, the owners can buy the plot or arrange a lease for it ().

In this case, title documents must be drawn up for the land. Without them, operation of the site entails administrative liability ().

It is extremely rare that owners have to decide what to do if the land is not shared ownership. Such a right is exclusive unless otherwise provided by law. In other words, the house always goes together with the land as an inextricable whole.

Dear applicants! The intermunicipal department for the Gulkevich and Caucasus regions of the Office of Rosreestr for the Krasnodar Territory, in the “Question-Answer” section, offers you information on issues of shared ownership of a house and a land plot, as well as how to recognize ownership of a land plot in a residential building that is in shared ownership ? In resolving disputes on land issues, the principle of the unity of fate of land plots and related objects applies. The division of a land plot is permissible after the official division of the house between co-owners. Moreover, the shares of land that will go to the owners of the house may either correspond to the shares in the home ownership or differ from them. In this article we will look at how to correctly register ownership of a land plot if the share of ownership in a residential building is already documented.

Use of a land plot in shared ownership. If the land adjacent to the house is in common shared or joint ownership of several people, sooner or later disputes begin between them about the procedure for using the property. The causes of disputes are: - change of owner (transfer of ownership of part of the land plot to heirs or assigns on the basis of a gift agreement, purchase and sale, exchange, etc.); - changes to a land plot that is in common shared ownership, at the initiative of one of the co-owners; — attempts to divide a land plot or allocate a share from it by one of the owners, if such a division violates the established procedure for using the land plot and the rights of co-owners. According to Article 252 of the Civil Code of the Russian Federation, the division of property in common shared ownership is possible by agreement of all owners or through the court, by the method of allocating the share of one of the owners in kind. In the first case, the consent in principle of all owners to the division of common shared property is required, in the second - the desire of only one of the owners and documents. Registration of common shared ownership of a land plot If the house is not divided between the parties, dividing the land plot or separating the share of one of the co-owners from it is impossible. Therefore, before resolving the land issue, obtain the necessary documents on the ownership of the home. Documents confirming the ownership of the house and the size of the owner’s share: - an extract from the Unified State Register of Rights to Real Estate and Transactions with It; — certificates of inheritance rights, contracts of purchase and sale, donations, exchanges; - court decisions that have entered into legal force on recognition of ownership of a house or part of it, a house plan, a land plot plan; • certificates and other documents issued before the entry into force of Federal Law No. 122-FZ “On state registration of rights to real estate and transactions with it” dated July 21, 1997. The stage of registration of common land ownership of a land plot is important for its subsequent division. A land plot must necessarily be an object of land legal relations - an individually defined thing with specific boundaries and a precisely defined location on the cadastral map. The court's decision to recognize ownership of an unformed land plot is difficult to predict. Following the principle of unity of the land plot and the houses, buildings and outbuildings located on it, recognition of land ownership occurs on the basis of documents on the ownership of the house. In the absence of documents, it is necessary to be guided by the data of the primary inventory. However, if, in the process of owning a land plot, the co-owners changed the size, location of boundaries and the number of buildings on the land plot, without reflecting the changes in the cadastral plans, in order to register common shared ownership of the land plot, it is necessary to prepare documentation that corresponds to reality. To do this, you will need to call specialists to the site, take measurements, record changes and make changes to the technical passport. Rights of participants in shared ownership of a land plot If the documents for home ownership indicate a land plot with a specific area, then in accordance with Article 35 of the Land Code of the Russian Federation, when the ownership of the house is transferred to the new owner, the right of ownership of the land plot is also transferred to him on the same conditions and in the same volume as the previous owner. And vice versa, “all objects firmly connected with land plots follow the fate of the land plots, with the exception of cases established by federal laws” (Clause 5, Part 1, Article 1 of the Land Code of the Russian Federation). Participants in shared ownership can exercise the right to determine the procedure for using a residential building and land plot, which does not terminate common ownership and does not entail the loss of the preemptive right to purchase shares of co-owners. The procedure for determining shares in common property is established by Article 245 of the Civil Code of the Russian Federation. If the shares of participants in shared ownership cannot be determined on the basis of law and are not established by agreement of all participants, the shares are considered equal. Consequently, when dividing a land plot, ownership of it is usually proportional to the share of ownership of the home. Participants in shared ownership may enter into an agreement on the procedure for determining and changing shares in ownership, depending on the contribution of each co-owner to the formation and growth of common property. Thus, a land plot in home ownership does not have to be divided in equal shares between co-owners. Next, we will consider how you can change the share due to one of the owners during division.

How to transfer a building from shared ownership to personal ownership

If homeowners are not relatives, disagreements often begin between them. As a result, one of the co-owners may decide to separate their part.

Transfer from public to private ownership is not prohibited by law. There are several ways to turn shared ownership into private property. This applies not only to the allocation in kind of a part belonging to one person. All shareholders may want to allocate them, which will lead to the alienation of the house.

How ownership is transferred

The fastest way to transfer ownership is through donation. All co-owners must sign the deed of gift. The document is certified by a notary. With a deed of gift and a set of other documents, you should go to Rosreestr to register rights and obtain an extract from the Unified State Register of Real Estate.

If the property is transferred to a non-relative, the transaction is subject to personal income tax; in other cases, no government fees are charged.

It is also possible to transfer shared ownership into individual ownership through the court. The claim must indicate what area the person is claiming. The court will determine in its decision:

1. Footage allocated to each owner.
2. Object partition algorithm, if possible.
3. Mode of use of common areas.

With a court decision, you can contact the registration authority or the MFC to register ownership of the share.

If other owners do not object to legal changes, the agreement for the division of a private residential building will be drawn up quickly. After this, you need to visit the department of architecture and urban planning. In addition to the title documents for housing, you will need a project on the basis of which you can determine the shares allocated in kind.

After checking the provided papers, an employee of the architectural department will issue a permit, which will allow the construction of a permanent wall in the house and a separate entrance.

In order for the registration of a house on a site in shared ownership to go smoothly, you need to complete two more steps:

1. Demarcate a common plot of land.
2. Receive a technical and cadastral plan for each share from the BTI.

Having completed a cadastral extract, the owners turn to the Federal Cadastre Service for documents confirming their right to shares in the house. Based on this document, a citizen has the right to sell, donate, or lease his part of the property.

Fee for registration of transfer of rights

The state fee for the service of registering the transfer of ownership is provided for in the Tax Code of the Russian Federation. The fee must be paid when contacting the Rosreestr or MFC authority.

According to, the amount of the fee depends on the specific situation, but on average the cost of transferring a house from shared ownership is about 2,000 rubles.

The Supreme Court told how spouses should divide shared property

We need an agreement on the division of common property

After the divorce of Marina Kurbaeva* and Igor Idrasov*, a dispute arose about the division of jointly acquired property. During the marriage, the parties, using common funds, acquired a plot of land and a residential building, which was registered in the name of Idrasov and two common daughters, 1/3 of a share each. Kurbaeva decided that the 1/3 share of the land plot and residential building owned by the defendant is the common joint property of the spouses and is subject to division in equal shares. She went to court, where she asked to recognize her ownership of 1/6 of the specified real estate.

CASE No. 20-KP9-13

PLAINTIFF: Marina Kurbaeva*

DEFENDANT: Igor Idrasov*

ESSENCE OF THE DISPUTE: Division of property acquired during marriage, registered as the shared ownership of one of the spouses

DECISION: If there is no agreement on the division of jointly acquired property, it is divided equally between the spouses

The Kirovsky District Court of Makhachkala refused to satisfy the claim, the Supreme Court of the Republic of Dagestan left the decision unchanged. The courts came to the conclusion that the parties during the marriage made a division of jointly acquired property with a deviation from the beginning of equality of shares, taking into account the interests of minor children. Therefore, the 1/3 share of the disputed real estate belonging to the defendant is not common joint property and is not subject to division.

Kurbaeva appealed to the Supreme Court. He recalled: spouses have the right, at their discretion, to change the regime of common joint ownership of property acquired during marriage or part thereof on the basis of a marriage contract or any other agreement that does not contradict the norms of current legislation (Article 37, paragraph 2 of Article 38, Article 41– 42 of the Family Code). Meanwhile, there is no reliable evidence in the case materials confirming that an agreement was reached between the plaintiff and the defendant on the division of jointly acquired property. Neither the purchase and sale agreement of a land plot with a residential building, nor the registration of the right to common shared ownership is such an agreement on the division of the common property of the spouses. Therefore, the Supreme Court canceled the previously adopted acts and sent the case for a new trial to the court of first instance (No. 20-КГ19-13). It has not yet been reviewed.

Property acquired during marriage belongs to both spouses

“The right to common property acquired by spouses during marriage belongs to both spouses, regardless of which of them and in whose name it was acquired. In the event of a dispute, spouses are not required to prove the fact of community of such property. The corresponding explanations are given in paragraph 15 of the Resolution of the Plenum of the Supreme Court of November 5, 1998 No. 15,” said adviser Muranov, Chernyakov and partners Muranov, Chernyakov and partners Federal Rating. group Arbitration proceedings (medium and small disputes - mid market) group Bankruptcy (including disputes) (mid market) Olga Benedskaya. Lawyer Infralex Infralex Federal rating. group Arbitration proceedings (medium and small disputes - mid market) group Bankruptcy (including disputes) (high market) group PPP/Infrastructure projects group Land law/Commercial real estate/Construction group Digital economy group Antitrust law (including disputes) group Corporate law/Mergers and acquisitions (high market) group Family and inheritance law group Transport law group Pharmaceuticals and healthcare group Tax consulting and disputes (Tax consulting) group Tax consulting and disputes (Tax disputes) group Private capital group Criminal law Irina Zimina noted that a similar approach existed in courts and earlier (No. 33-11973/2018). “The determination of the Supreme Court is very important, since some lower courts incorrectly interpret the current norms of family law, which is what happened in the case considered,” noted Anna Zabrotskaya, partner and head of the Dispute Resolution practice of Borenius Attorneys Russia Borenius Attorneys Russia Federal rating. group Sanctions law group Family and inheritance law group Private capital group Intellectual property (Consulting) group Intellectual property (Registration) group Corporate law/Mergers and acquisitions (high market) group International litigation group TMT (telecommunications, media and technology) group Arbitration proceedings (major disputes - high market) Company profile. According to Elena Siebert, manager of the auditing and consulting group BDO Unicon, the lower courts, when denying one of the spouses a claim, were guided solely by the fact of registering property in the name of the other spouse and the presence of minor children: “This approach cannot be considered correct and based on law."

The definition of the Supreme Court clearly returns us to the source - the law. It establishes that the division of the property of the spouses must be carried out in the prescribed manner: by marriage contract, agreement or court.

Galina Pavlova, managing partner of Pavlova and partners Pavlova and partners Federal rating. group Family and inheritance law group Bankruptcy (including disputes) (mid market) group Private capital group Arbitration proceedings (major disputes - high market) Company profile

Benedskaya is sure that the court, upon a new examination, will find out whether a marriage contract or an agreement on the division of property was concluded between the parties. If they were not concluded, then the claim will be satisfied. Lawyer AB Kazakov and partners Kazakov and partners Federal Rating agreed with her. group Bankruptcy (including disputes) (high market) group Environmental law group Antitrust law (including disputes) group Natural resources/Energy group Land law/Commercial real estate/Construction group Criminal law 12th place By revenue per lawyer (more than 30 lawyers) 25th place By number of lawyers 27th place By revenue Company profile Natalya Bokova: “I believe that when the case is reconsidered, the court will have to satisfy the claims and recognize the plaintiff’s ownership of a 1/6 share in the disputed real estate.”

* – first and last names have been changed by the editors.

• Alina Mikhailova

Features of selling a house

When selling residential premises, the consent of the co-owners is key. If the participants do not object to the transaction, the house and land are alienated as a single whole.

It should be clearly defined whether everything is sold together or not. If the house is sold as a single object, the amount of personal income tax is considered common and is calculated in equal parts between all participants in the process. If the premises are sold in separate shares, the tax is calculated for each of them.

When lawyers are asked the easiest way to sell a house in shared ownership, they recommend drawing up a single purchase and sale agreement. It must indicate:

• price of the object;
• who will receive what amount after the transaction;
• the procedure for settlement with each owner;
• deadlines for vacating the premises and other important circumstances.

You can draw up a draft agreement yourself, but the document must be checked and certified by a notary.

We must not forget that the sale of a house in shared ownership is inextricably linked with the alienation of the land on which the object is located. This increases the cost of the transaction.

From a separate article you can learn how to sell an apartment in shared ownership.

Sale of a share of residential premises

If one of the owners wants to sell his share in the property, he must remember the priority right of other owners to purchase a share (Article 250 of the Civil Code of the Russian Federation). Before selling part of the house to a third party, they should be the first to inform about their intention and announce the terms of the transaction. An exception is the sale of housing at public auction or the sale of a share located on a land plot, part of which the person also owns.

Ways to notify owners:

• registered letter by mail with a list of attachments;
• notification from the notary with the following information: object and sale price,
• terms and conditions of payment,
• term of transfer of property and so on.

Within a month, the co-owners must respond to the proposal. If they do not intend to buy the share being sold, the initiator of the transaction may look for other buyers.

Confirmation that the sale of his share was carried out legally and the seller did not neglect the obligation to notify the co-owners may be a copy of the telegram received at the post office or a certificate of sending/transfer of notice.

Rights and obligations of owners of a share of the house and land

According to the Civil Code of the Russian Federation, the owner of shared ownership has the rights:

• possessions;
• orders;
• operation.

Property management may affect the interests of owners of other shares, so the key point in exercising rights is taking into account the interests of all parties.

Disposal of part of the real estate

According to Art. 246 of the Civil Code of the Russian Federation, each owner has the right to dispose of his share of the property. However, first he is obliged to obtain the consent of the remaining shareholders .

Selling a share

The owner of shared ownership has the right to sell his part. The full owner should not ask anyone’s permission to make a transaction; with the owners of part of the house and land, things are different.

According to paragraph 4 of Art. 42 of Law No. 218-FZ of July 13, 2015, the shareholder is obliged to notify the other owners of his intention to sell his part of the house or land. The document must contain information about the price and other conditions of sale. If you do not want to purchase a share, the remaining owners must provide a written document indicating a refusal to purchase. Otherwise, the transaction for the sale of part of the real estate will be considered illegal.

This rule is not necessary to comply with if the premises are not residential and the number of shareholders exceeds 20 people. Since it is difficult to obtain written consent from everyone, it is allowed to notify of the intention to sell by posting information on the official website of the Federal State Registration Service. In this case, the following information is indicated:

• what object is to be sold, its cadastral number, address or location;
• share of the property being sold;
• price;
• Seller's full name, postal and email address.

Without observing the right of first refusal by other owners (Article 250 of the Civil Code of the Russian Federation), the purchase and sale transaction will be considered invalid. The offer for sale is valid for 1 month , after which the share can be sold to third parties. The sale can be carried out earlier if all shareholders issue written waivers of the right of first refusal.

If the law is not observed, another shareholder may , within 3 months, go to court with a demand to transfer the rights and obligations of the buyer to him (Clause 3 of Article 250 of the Civil Code of the Russian Federation).

Often, sellers, not wanting to sell the property to another shareholder, indicate a higher price for them, and upon receiving a refusal, they reduce the price. Such actions are illegal. By law, a shareholder can sell his part of the house at a price no less than the price he offered for another owner.

Rental

It is the owner’s right to rent out a plot or part of the property. The condition for the transfer of part of the property is its allocation in kind . This is necessary to clearly define the property transferred for use. In the absence of specific data about the object, the contract is invalid (Article 607 of the Civil Code of the Russian Federation).

You will also have to take into account the interests of neighbors in terms of real estate. If the others do not agree, the shareholder may apply to the court with a request to place his share at disposal or to pay him compensation.

Example. In shared ownership of citizens S., A. and P. there is a land plot with an area of ​​20 acres. Two of the owners decided to rent it out, but P. did not support the idea and decided to do gardening on his own. Despite the fact that S. and A. constitute the majority, they cannot oblige P. to any actions. Even in court, it is impossible to force a shareholder to dispose of his share against his will. P. may apply to the court with a request to allocate his share in kind for subsequent exploitation or ask S. and A. to pay compensation.

The shareholder has the right to rent out his part of the house or plot, however, the participation of the remaining owners when signing the lease agreement is necessary. Otherwise, the transaction will be considered void (Article 168 of the Civil Code of the Russian Federation).

Donation of a share of a house, land

The owner has the right to donate his part of the property to another person. To register a deed of gift, the consent of the other owners is not required.

There are known cases of registration of a deed of gift instead of a purchase and sale agreement due to the disagreement of other owners to sell the property. Such a transaction can be declared void in court by proving the true intentions of the owner of the shared property.

Drawing up a will for a share

Making a will is the only way to determine during your lifetime who will receive property after the owner's death. Having registered ownership of his part of the property, the owner has the right to make a will for the share of the house and land.

There is no need to obtain the consent of other owners. The principle of freedom of will (Article 1119 of the Civil Code of the Russian Federation) states that the drafter is not obliged to report to anyone about the preparation of a document, its amendment or cancellation.

The will may specifically state how much of the property goes to the heir. If the heirs are listed without indicating the shares of each, it is considered that they will inherit equal parts of the property, but within the limits of its ownership.

For example, if a citizen owns ¼ of a house and bequeaths ½ of his property to 2 children, each of them will receive 1/8 of the property.

Use as collateral

Theoretically, the owner has the right to use the shared property as collateral. In practice, banking institutions do not risk taking such collateral, since in case of non-payment it is difficult to compensate for the unpaid loan with such property. However, there are a number of private borrowing firms that issue loans at high interest rates, hoping to soon take possession of the property. If the house has several owners, their permission to apply for a loan is not required.

Guided by Art. 255 of the Civil Code of the Russian Federation, the creditor can foreclose on the debtor’s share in the house if other funds are not enough to cover the amount of the debt. Other owners have the right to object. Then the creditor will demand that the debtor's share be sold at market value. The proceeds will be used to cover the debt. If the shareholders do not purchase the borrower's share, the lender has the right to go to court and demand the sale of the share at a public auction.

Improvement measures

The shareholder has the right to improve his part of the property. Having made inseparable improvements, the owner of the property has the right to increase his share in the common property (Article 245 of the Civil Code of the Russian Federation).

Payment of taxes, utility bills

Owners of shared property are required to pay for its operation within the limits of their shares . The amount is made up of taxes and fees, utility bills, costs associated with maintaining a house and land (Article 249 of the Civil Code of the Russian Federation). According to Art. 210 of the Civil Code of the Russian Federation, such expenses are called “maintenance burden”, however, exemption from payment is possible if this is provided for by law or contract.

Often, even relatives have disputes over payment of utility bills, if one of them lives in the house permanently, and the other is registered in another place, where he actually lives.

Example. Citizen S. filed a lawsuit to collect the debt for utility bills for 2021 from the second owner of the house, who, according to the will, owns 1/6 of the property. As a result, the judge clarified that the owner, who is not registered in the house, must pay the cost of heating, maintaining and repairing the house according to the size of his share in the property (in this case - 1/6). Services for supplying hot and cold water, gas, electricity, and garbage collection are reimbursed only by persons registered in the house.

Peaceful coexistence between the owners of parts of real estate is possible provided that they comply with all obligations assigned in connection with the ownership of property. When exercising your rights, you will have to take into account the interests of other shareholders. It is better to peacefully agree on maintaining the property in proper condition, on timely payment of operating expenses, than to later sort things out in court.

Distribution of operating income

The operation of real estate can generate income. Land, for example, provides the owner with cash income from the sale of agricultural products. If there are several owners, and they all take part in the operation of the property, income is distributed among them in proportion to the part of their property.

Registration of shareholder, third parties

The owner of shared ownership has the right to register in the property. To do this, it is enough to provide the MFC with a passport, an application (issued by an employee of a government agency), and a document on ownership of part of the house.

The owner of the share can facilitate the registration of third parties in the residential building, for example, a spouse upon marriage. In this case, it is necessary to obtain consent for registration from all owners.

Persons who own part of the house, as well as their children who have not reached the age of majority, have the right to register in the premises without the consent of the other owners.

Owners of shares, having drawn up documents for part of the house or land, have the right to dispose of their property, engage in its improvement, improvement, sell it, and rent it out. The only limitation is the need to coordinate certain actions with other shareholders.

Failure to comply with the law when disposing of shared property may result in transactions being declared invalid. Often it comes to accusations of fraud, and it will be difficult to prove the opposite without the help of a specialist. If you have any questions regarding the disposal of shares of a house or land, contact a lawyer at ros-nasledstvo.ru. Consultation is provided free of charge.

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Natalya Fomicheva

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House division options

The home owner has the right to divide the common property. Division and allocation of a share in kind are different concepts. In the first option, the property is divided among all co-owners, in the second, a specific participant receives his part.

Citizens are often interested in how to divide a house that is in common shared ownership. The fastest way to do this is if you can reach an agreement with the other owners. To do this, an agreement is drawn up with a notary, and then the division takes place according to the algorithm mentioned above: obtaining permission from the architectural department, registration with the cadastral register.

If agreement is not reached, the issue is resolved through the court. When dividing the premises, the conclusion of the construction and technical examination is taken into account, because not in every case it is technically possible to reconstruct the house.

When the shares are unequal, monetary compensation may be awarded to the owner who owns the smallest part.

With a court decision, each owner applies to Rosreestr for title documents for the property. It should always be remembered that in addition to the premises there is land. The territory can also be divided only if there is a technical possibility for this.

Often, a residential building is divided into two apartments during a divorce. In fact, two new ones appear from one room. In this case, it should be possible to divide the land on which the building is located. If this is not possible, the court will most likely refuse to satisfy the claim and establish a procedure for using the property.

Learn more about how the allocation of a share in a private house is carried out.

Why might you need to allocate a share in kind in a private house?

Allocation of shares is usually practiced if a private house is jointly owned

The presence of disagreements between owners is one of the main reasons for the emergence of situations related to the allocation of a share in kind of joint property.

As for the person who wishes to carry out this process, the existence of common property will be terminated for him. But individual ownership will be issued. In practice, this usually applies specifically to the home.

Several situations may arise in life that force you to resort to allocating a share in kind:

1. This is often due to the need to sell or otherwise dispose of one’s part. For example, donating or adding additional space.
2. This procedure will help in the future to avoid opposition from other owners. Without the consent of the owners of common property, it will not always be possible to donate, mortgage, or simply expand the square footage of the premises.
3. There are situations when this procedure is due to the usual desire to register your individual property.
4. This will help to move away from a number of restrictions associated with joint ownership. In this way, a person can protect himself in the future.
5. Moreover, it is a good investment. When money comes in, you can build on it, thereby increasing the area. This will increase the value of the property, which, if the part is allocated, will not have to be shared with other owners.

Termination of shared ownership

Due to certain circumstances, the right to a share in property may be terminated. As a rule, this occurs on the initiative of the owner of the part. There are different options for canceling the right of common shared ownership of a house, for example:

1. Termination of the right to own joint property. These are civil transactions on the basis of which a person renounces his part for money or free of charge: purchase and sale, donation, and so on.
2. Exit from shared ownership of a house. The owner formalizes his part in kind.

Also, the right of ownership may be terminated for natural reasons, for example, as a result of the demolition of a building.