Shared ownership can be registered in the name of relatives or strangers. From the point of view of the law, this is not so important, but the accuracy of determining the share of each owner is an important point. The share is calculated based on the total area and taking into account the number of residents of the house.
The law allows three options for allocating shares:
- Based on the agreement of the owners.
- Separation of one owner's share from common property.
- Division of property in court.
Of course, it is better to divide the shares by agreement of the parties and not bring the matter to court.
How are shares in an apartment calculated?
Before dividing shares, it is important to accurately determine the size of the total area of the house. This value can be divided proportionally to the number of owners.
The calculation is affected by:
- Number of shareholders. If there are many of them, then the share of each owner may turn out to be very small.
- Indivisibility of property owned by several people on a common basis.
- Equality of shares established by Article 245 of the Civil Code of the Russian Federation. This requirement can be circumvented through an owner agreement.
- Allocation of a share in kind by remodeling the house and separating the premises with its own entrance. For such allocation of shares there must be technical capabilities.
- A one-room apartment can only be divided into shares legally, since the type of premises itself does not allow the allocation of real shares in the form of rooms.
- By agreement of the co-owners, shares can be of any size. Equality of shares in this case is not a mandatory requirement.
- If one of the owners received a room whose area exceeds the size of his share, he must pay compensation to the other owners of the house or apartment.
In addition, there are a number of nuances that need to be taken into account when dividing shares.
From the common share or residential
The area of the apartment includes both residential and non-residential premises, which are in common ownership and cannot be allocated to someone’s separate share (kitchen, bathroom, etc.).
But in this case, the shares are calculated based on the total area.
Therefore, to allocate a separate room within the framework of an agreement between the owners, one must proceed from the size of the share of this owner in the total area of the apartment. The remainder of his share in common facilities (bathroom, corridor, kitchen, etc.) will be equal to the shares of other owners in them.
How can we help?
Let us note that in order to determine shares or determine the procedure for using residential premises, residents will have to go to court, even if they were able to agree among themselves, since only the court can determine shares.
Therefore, residents are faced with a number of problems that are much easier and cheaper to entrust to professionals who will resolve such disputes quite quickly. This is better than reading a lot of regulations, being nervous and going to the courts like work for several months, or even years. Therefore, our specialists offer the following services: legal consultation, the task of which is to understand the essence of the problem and orient the client to the requirements of regulations; providing assistance in choosing a further option (the final decision still remains with the client - our specialists do not impose it, but only pay attention to the advantages and disadvantages of each option); assistance in determining the required list of documents and collecting missing ones; assistance in negotiations with neighbors, since it is wiser to find a compromise and have a ready-made solution to the issue that suits everyone; assistance in preparing a statement of claim, collecting evidence, searching for witnesses; representing the client’s interests in court, in which our specialists will make every effort to achieve the most favorable resolution of the issue in favor of the client; assistance in reaching a settlement agreement, which is again better than an inconvenient court decision and subsequent troubles with neighbors; defending the client’s interests in higher courts, during examinations and other events; monitoring the execution of a court decision; provision of other legal assistance that may be necessary only in a certain situation.
And in order for our client to better understand the situation with determining shares, overview information on this issue will be very useful to him.
Agreement on determining shares
If there are good relations between the owners of the living space, then it is possible to agree on the division of property without any conflicts or litigation. This is the best option because it allows you to take into account the interests of each owner. The court, based on the law, will simply divide the apartment into equal shares. And the agreement can determine each owner’s share of a different size. For example, some will get a larger room, and some will get a smaller one, but with a balcony. As a result, everyone will be satisfied, especially since their property will not include abstract shares in square meters, but their real embodiment in the form of specific rooms in the apartment.
If the apartment is communal
How to calculate the share in an apartment if it is communal? A feature of such housing is the presence of isolated rooms and common space. This space includes non-residential premises, the right of use of which is available to all residents. Specific rooms are allocated into shares on the basis of Article 42 of the Housing Code of the Russian Federation.
The owner has the right to dispose of his share without taking into account the opinions of other residents of the communal apartment. The calculation of the share includes an isolated room and a part of the common space.
If maternity capital was used
Using maternal capital to buy out a share requires taking into account the interests of the children and husband, namely, allocating them a percentage of this share. You can calculate the share of each family member in advance, or within six months after the purchase and sale transaction.
At the same time, the law allows the determination of shares by concluding an agreement between spouses. For example, they can allocate half of the apartment to themselves, and a third to their children. But it is important to comply with the requirements for the minimum allowable size of living space per person. Sometimes this is very difficult to do if the apartment has a small area.
The legislative framework
Regulatory regulation of the procedure for distributing shares between apartment owners is carried out by the following legal acts:
- Civil Code of the Russian Federation;
- Housing Code of the Russian Federation;
- Federal Law No. 218-FZ “On State Registration of Real Estate”;
- Instructions on the procedure for recording housing stock in the Russian Federation.
It is important to understand that not a single regulatory legal act contains specific options for dividing shares, with the exception of recognizing the equality of rights of the parties to joint property.
Therefore, the fundamental point in resolving disputes between the parties will be the conclusion of a voluntary agreement between them.
From the article you will find out whether it is possible to convert non-residential premises into residential ones - the grounds, conditions, necessary documents. How to correctly perform this procedure - instructions. Read more
How to calculate the share in an apartment: formula
The specific calculation of shares in an apartment occurs as follows. The first step is to determine:
- Total area of the apartment.
- The size of residential and non-residential space.
- Number of co-owners.
The next step is to determine the ratio of the total area, residential and non-residential square meters.
From the calculation of both spaces, it is necessary to determine the share of each owner.
The calculation formula looks like this: a/c + b/c = d, where:
- a – living area.
- b – non-residential.
- с – number of shareholders.
- d – share of one tenant.
This formula allows you to calculate equal shares in common property.
Section stages
If an agreement is not reached between the parties, the division and allotment of shares will be possible only in court. The requirement for the division and allocation of independent units must be made taking into account the following features:
- allocation of a share in kind is rarely possible, since the size of such units almost never coincides with the boundaries of separate rooms;
- compensation for the cost of the share will be necessary if it is impossible to allocate independent accounting units in kind.
How to calculate the value of a share in an apartment if you need to determine the amount of compensation for the court? You can calculate the cost of a share in common ownership in an apartment using an online calculator for calculating the area to be purchased, as well as drawing up a report on the market value of the property.
The parties may agree to use the cadastral value to compensate for the calculation of the share, however, in practice it is the market price that is used.
To clarify the amount to be paid as compensation, you must first calculate the share of the apartment online, and then make a proportional relationship between this indicator and the total market value according to the appraiser’s report.
The resulting amount may be ordered by the court to be paid to the person who demands the allocation or division of shares. The formula for calculating the share for each person when buying an apartment allows you to take into account the interests of each owner of the share in common law. Compensation can be calculated in a similar way when a share is alienated to third parties and the right of pre-emption is exercised.
How to calculate shares in an apartment in fractions
The above formula is simple and convenient, but it is not suitable if you need to divide the apartment into unequal shares. Article 245 of the Civil Code determines the possibility of increasing the share through inseparable improvements to the living space. These are considered to be repair work that cannot be separated from the room itself (hanging wallpaper, installing new plumbing, etc.).
In this case, to calculate the share, you need to use a formula that takes into account fractions.
For example, three owners want to share an apartment in which each of them occupies rooms of 14, 12 and 9 square meters, respectively. The area of the total space is 15 meters. It is divided equally, each owner's share will be equal to 5 square meters.
In this case, shares in the apartment can be calculated using the formula:
14/100 + 5/10 = 19/100
12/100 + 5/10 = 17/100
9/100 + 5/10 = 14/100
These values can be fixed in the agreement of shareholders.
How to determine the amount of compensation?
In order to determine the amount of compensation, you need to calculate using a formula or an online calculator the amount of the share due to you by law. And then order an assessment of the market value of your home.
Eg. By law, you can claim 30 square meters, but in fact, taking into account the living space and the area of public facilities, you need 40. The cost of 1 square meter is 35,000 rubles. As a result, the amount of compensation in your case will be 350,000 rubles.
How to calculate the cost of a share in an apartment
The cost of housing can be cadastral and market. The price depends on many factors, such as the location of the apartment, the infrastructure of the area, etc.
Naturally, the share in the apartment will also have a certain value, calculated from the total cost of the apartment.
If the cost of the entire apartment is 8 million rubles, and three people own it, then the value of each of them’s share will be equal to 2,666,666 rubles.
But if the shares are unequal, then to calculate the cost of each of them you need to multiply the size of the share by the price of the entire apartment.
So for the owner of two-thirds, the cost of the share will be 5,333,333 rubles, and for the two remaining owners of one-third - 1,333,333 rubles for each share (that is, for one-sixth of the entire apartment).
Share in inheriting property by law
If the testator did not leave a will for some reason, all his material and non-material benefits are inherited by law (on a general basis). In this case, all relatives can claim the property, but the law provides for special inheritance lines.
There is a total of . Each subsequent order receives the right to property only if someone or all of the previous order has renounced their part or is no longer alive.
All property is also divided in equal shares, that is, if there are 4 heirs, each of them will receive ¼ of the share. An exception is those who inherit by right of representation (grandchildren, etc.). They receive an equal share of the share that should have gone to their relative.
For example, the testator’s daughter dies and does not have time to accept the inheritance. She has two adult daughters, who now have the right to their mother's inheritance, left to them by their grandfather (testator). Since there are only two of them, they each receive half of the property due to the mother.
How to calculate tax on a share in an apartment
Shares in an apartment must be calculated not only to conclude transactions for the sale of this property, but also to correctly calculate property taxes.
This value depends on the cadastral value of the apartment. This amount is indicated in the cadastral passport and extract from the Unified State Register of Real Estate.
For 2021, the following system of real estate tax rates is in effect in Russia:
- The cost of the share is less than 300 thousand rubles - 0.1% of it.
- Cost 300-500 thousand rubles – 0.3%.
- Over 500 thousand – 2%.
However, it must be taken into account that at the regional level, rates may differ, both up and down.
Features of valuing a share in an apartment
Sometimes an additional assessment of the share's value is required. This may be needed for:
- Transactions with shares.
- Her insurance.
- Use in the authorized capital.
- Resolving disputes during divorce.
- Collateral when receiving a loan.
It should be taken into account that the assessment of the share is possible only after determining the cost of the entire apartment.
Only a specialist can carry out an assessment. This is not a simple procedure, since the share price depends on a number of additional factors. A reduction factor is usually applied to it, because the presence of other owners and tenants in the apartment reduces the real market price of the share. But what exact coefficient will be applied depends on many factors, including the size of the share.
Lawyer Anisimov Representation and defense in court
It is not difficult to calculate the size of the share of property for each participant using a special online calculator. However, you can do without it, since the formula for independent calculation is elementary and does not require special mathematical knowledge.
The main problems of the section are that the apartment includes rooms of different sizes. These are living rooms, kitchen, corridor, bathroom. Consequently, it is difficult to determine exactly which plot of housing an individual owner owns. A special situation arises with one-room apartments, where, in principle, it is impossible to determine isolated areas. The problem of calculating the share can be resolved in various ways. For example, an apartment belongs equally to two owners and consists of a large room and two smaller ones.
