Agreement on the allocation of a share in kind

author: Administrator 01/31/2018

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The main difficulty is that a share in common shared property is an intangible value, but represents only a right, and not a material entity.

And unfortunately, it often happens that the owner of that same share cannot use the share in the residential premises for a variety of reasons. And he becomes perplexed, it seems that the property exists, but he cannot fully use it.

He tries to sell his share - it doesn’t work, other owners are preventing it, pledging it is also problematic... And it would seem that the situation is a dead end.

In this case, the correct decision would be to allocate a share in kind , for example in an apartment or a house, or to determine the procedure for using the residential premises.

However, it is not always possible to determine the order of use of residential premises! For example, due to the lack of conditions for the full use of residential premises for their intended purpose

Apartments have several owners and they are all in shared ownership. In this regard, the question arises: how can the status of shared ownership be terminated? After all, by ending this status, we will actually solve the problem of using residential premises.

The procedure for allocating a share in an apartment

The allocation of a share in kind in an apartment is made in relation to both shared property and property in common joint ownership.

The allocation of a share in kind to joint property is made both on the basis of an agreement and by a court decision. Ownership is subject to division based on mutual agreement of the parties.

If the owners cannot reach an agreement on the procedure and conditions for dividing their common property or allocating a share from it, the problem can only be resolved through the court. The court also makes the allocation of a share in kind .

When dividing common joint property, it is necessary to determine the share of each owner!

In the absence of the possibility of separating a share in kind from the common property, and also provided that this procedure will entail causing significant damage to the common property, it is easier and more correct for the owners to pay the value of his share to the separating owner.

Monetary compensation can be paid to the owner only with his consent. However, if the owner's share is insignificant and he does not have a significant interest in it, the court may oblige other owners to pay monetary compensation without the consent of the owner of the insignificant share.

By the absence of significant interest in one’s share, the legislator means the absence of payments for utilities, for the maintenance of residential premises, for major repairs, etc.

After receiving monetary compensation for the value of the share, the owner loses all rights to the property!

Allocation of a share in kind: sample agreement

When allocating a share in kind, you must be guided by the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), which provides for 2 ways to carry out this legally significant action: by mutual agreement (contract) and in court. According to Part 1 of Art. 252 of the Civil Code of the Russian Federation, property in shared ownership can be divided between its participants by mutual consent. The same article provides for the right of the allotted owner to have the value of his share paid to him by other participants if an equivalent allotment in kind is not possible.

Allocation of a share in kind of a land plot from common property

The difficulty with allocating a share often lies, as with division, in the fact that there are buildings on the land that are not easy to divide. Moreover, in the presence of illegal self-development, this can only be done after proper registration of all buildings.

One of the participants in shared ownership to whom a share is allocated acquires ownership of the allocated plot, while he loses the right of shared ownership of the changed plot. The remaining participants continue to use and own the modified site.

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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.

What is the allocation of a share in a residential building in kind and when does it happen?

The costs of carrying out these works should be distributed between the parties to the dispute, taking into account their shares, since according to the Civil Code of the Russian Federation, each participant in common shared ownership is obliged to bear the costs of maintaining the property in proportion to his share.

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In this case, the court must take into account the actual procedure for using a residential building, which may not correspond to the shares in the right of common ownership, the need of each of the co-owners in this house, as well as the real possibility of joint use.

Agreement between the owners of a residential building on the allocation of a share in kind

other participants in shared ownership. You did not highlight it in kind, but determined the order of use. This agreement on determining the procedure for using residential premises You can draw up an agreement on determining the procedure for using residential premises yourself, indicating who occupies which rooms, and register the agreement on determining the procedure for use, and not the allocation of a room in kind, in the registration chamber.

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Allocation of shares and allocation of shares in kind

In order to avoid delays in the paperwork process and major troubles with the law , you need to contact the guardianship authorities in advance with a request to conduct an on-site assessment of the house. Representatives of the guardianship authorities, based on the inspection and assessment report, will make a decision, which will be handed to the applicant.

If it is impossible to reach an agreement on the division of common property, this issue can be resolved in court. As a rule, the court appoints an examination; the experts are asked whether it is possible to divide the house in kind, and if this is possible, propose options for division.

How to correctly draw up an agreement on the allocation of a share in kind

Citizens who own a property under the right of common ownership have equal rights to use and dispose of this property. Moreover, each of the co-owners has a certain share in the property right.

For example, if a residential property is jointly owned by three citizens, then each of these citizens can own 1/3 of this property. Another distribution of shares is possible: one citizen owns 1/2 of the object, and the shares of the remaining co-owners – 1/4.

An agreement to allocate a share in kind is an agreement reached between all co-owners, as a result of which the share of each of these co-owners changes from a percentage to in kind. The easiest way is to allocate a share in kind from a land plot.

The process of allocating a share from a residential property is much more complicated. As a result of such allocation, each owner must receive a property suitable for living.

Based on the norms enshrined in the current legislation of the Russian Federation, the agreement on the allocation of a share in kind must contain the following information:

• surnames, first names and patronymics of citizens who own a property by right of common ownership, as well as details of identification documents of these citizens and contact information;
• a detailed description of the subject of the transaction being concluded. It is necessary to list the main technical characteristics of the property from which shares in kind are allocated;
• a clear definition of shares, both allocated and remaining in common property;
• information about the documentation establishing the right of citizens to own shares in this real estate property.

Let us note that the agreement on the allocation of a share in kind is drawn up on the basis of full consensus of all participants in the common ownership. The agreement includes a clause stating that it is impossible for one of the participants to terminate this agreement unilaterally.

We especially emphasize that no encumbrances should be imposed on the property from which the share in kind will be allocated. That is, this object should not be pledged or under arrest.

Thus, an agreement on the allocation of a share in kind is a documentary registration of the voluntary expression of will of citizens who own a property on the basis of common ownership rights.

Attention! If it was not possible to reach an agreement on the allocation of a share in kind, the citizen who initiated this process will have to apply to the courts with a claim for the forced allocation of a share in kind.

Separately, we note that based on the norms enshrined in Part 4 of Article 252 of the Civil Code of the Russian Federation, in a situation where a property cannot be divided into natural shares, the owner who initiated the separation process must buy out the shares of the remaining co-owners.

Division of shared ownership.

How to calculate the cost of a share in an apartment, read here.

How to divide a personal account in an apartment with shared ownership, read the link:

The practice of court decisions on the allocation of a share in an apartment in kind

Paragraph 3 of this article determines that if an agreement has not been reached between the participants in shared ownership on the method and conditions for the division of their common property, or the issue of allocating the share of one of the participants in shared ownership has not been agreed upon, then such shareholders have the right to demand receipt of their share by applying to the court in kind, separating it from the common property of all shareholders.
Only if such an apartment is located on the ground floor, its individual owners can arrange a separate entrance and connect to existing utility networks, regardless of other shareholders. Naturally, all expenses for such allocation fall on the initiator.

Methods for allocating a share in kind in an apartment

In order to allocate your natural share in the apartment, you need to assess your specific circumstances and decide on the method of carrying out this procedure.

There are two options:

• negotiate pre-trial and enter into an agreement on the allocation of a share from the apartment;
• apply to a judicial authority with a statement of claim.

There are no other legal ways to convert part of a property into sole ownership.

Allocation of share in kind

Most often, this is the desire of the owner of common property to be the owner of an independent property, to have the right to independently dispose of it. Give as a gift, pledge, sell without agreement with other co-owners. Possibility of taking out a loan secured by property without appointing property guarantors. Many allocate their share before expanding the useful and living space, as well as before its major repairs and reconstruction.

Before the trial, the courts decide on the need to appoint an expert examination on the possibility of allocating part of the house, on various options for allotment, including options proposed by the parties, on the cost of the entire house and its proposed parts, on the amount required for refurbishment.

Agreement on the allocation of a share in property rights

1. The division of the land plot was carried out on the basis of a separate agreement.
2. The owners have no claims against each other.
3. The shared ownership of the Owners in the said residential building is terminated due to the actual division of the common property. The ownership right of each party to the part of the residential building allocated in accordance with the terms of this agreement arises from the moment of state registration of rights by the parties.
4. The parties independently bear the costs of registering the right to the part of the residential building and outbuildings belonging to them after the allocation.
5. This agreement is drawn up in 3 authentic copies, one for each Party and for the Rosreestr Office for the Arkhangelsk Region.
6. Details and signatures:

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Agreement on the allocation in kind of a share

Meliorativenaya, 14 (last name, first name, patronymic, date and place of birth, gender, passport details and registration address of each of the owners of the divisible property), hereinafter referred to as the parties, have entered into this agreement on the allocation of a share in kind and agreed on the following: We, the undersigned ( last name, first name, patronymic, date and place of birth, gender, passport details and registration address of each of the owners of the divisible property), hereinafter referred to as the parties, have entered into this agreement on the allocation of a share in kind and agreed on the following: We, citizens: Full name_____________________, passport series ______, No. ______, issued by _______________________________________________________________________________, registered at the address: _________________________________________________ Full name_____________________, passport series ____, No. _______________, issued by ___________________________________________________________________________, registered at the address: ___________________________________________________ Full name_____________________, passport series ____, No. _______________, issued by _________________________________________________________________________, registered at the address: ___________________________________________________

Agreement on the allocation of a share in kind

• First you need to decide which premises will be allocated. The first step is to determine the premises located in the house, which will fully correspond to the allocated share. If there is a need, you should resort to redevelopment or rearrangement of the premises to form a suitable isolated living space designated for allocation. However, in order to begin the process of redevelopment and reconstruction, you must obtain special permits and coordinate the planned work. If there is no need to carry out reconstruction/redevelopment, you can proceed to the next point;

• Registration certificate for the house. It is necessary to obtain a technical certificate for the building by contacting the Technical Inventory Bureau. This document will record every change made to the design of the house. To obtain a technical passport for a house, you must send an application to the BTI at the location of the building;
• Agreement on the allocation of a property share in the house. It is necessary to invite the other co-owners of the residential building to draw up an agreement to allocate a property share in the housing in kind. The price of allocated premises in a residential building must be proportional to the property share.

Procedure for allocating a share in kind from common shared property 2021: sample claim and agreement

It takes 7 working days to register shares; if the documents were transferred through the “My Documents” organization, the processing time and making changes increases by another two days. The state service of registering rights after the allocation of property in kind will cost 2,000 rubles per citizen.

The first option is used when the parties intend to continue to coexist after division in the same dwelling, but it is not possible to allocate a separate bath and toilet along with the living square meters. It is difficult to divide a city apartment with a standard layout into autonomous parts and add a separate entrance. Therefore, a person applying for the allocation of his share in kind receives a separate room, and the premises with amenities remain in joint ownership. As a result of this division, the property turns into a communal apartment.