How to find out your share in an apartment

Shared and joint ownership of an apartment

If an apartment has several owners, the right to it is registered in the form of:

Joint ownership.
Shared ownership.

According to the first option, property is always registered in the name of the spouses.

According to the law, spouses have the right of joint ownership, the shares of which are not defined and are considered equal. In this case, only the husband or only the wife can be officially listed as the owner, however, if the apartment was purchased during marriage, it is the equal property of both spouses.

A legal husband and wife can, if they wish, formalize the right to shared ownership, but for this it is necessary to draw up a marriage contract with a notary certification.

Shared ownership arises in all other cases - mother and daughter, brothers, any other persons not related to each other. The size of the share must be indicated in the form of a numerical designation.

An allocated share of real estate means specific square meters or rooms that have their own characteristics.

Most often, a share in an apartment is not allocated, and all information about it is reduced to a numerical designation of its size - 1/2, 3/4, 1/5.

Is it possible to allocate a share in an apartment in kind?

The general conditions for the legal allocation of residential premises are:

having your own bathroom;
the possibility of arranging a kitchen in each autonomous apartment space;
separate exit to the common property of the building or to the street.

Moreover, if it is possible to carry out redevelopment or reconstruction in the apartment to achieve the set goals, then the documents for the relevant work are first drawn up.

However, in most apartments it will not be possible to equip several bathrooms and kitchens under any circumstances. An apartment is an indivisible thing.

Click to enlarge image

The allocation of a share in kind in an apartment that is not a communal one is not possible either in fact or legally.

This means that it is impossible to divide a two, three, or five-room apartment into several rooms, each of which is assigned a separate cadastral number, which would make it possible to terminate shared ownership and register the rooms as independent elements of civil circulation.

The allocation of a share in kind in an apartment is also impossible in court.

On housing advertisement sites you can often find information about the sale of a room in an apartment. At the same time, it is indicated that it is not a share that is being sold, but a room as an independent object of real estate. In this case, the seller is a little disingenuous - the most that can be done when allocating a share in an apartment that is not a communal one is to determine the procedure for use between shareholders.

How to find out what share in the apartment belongs to you

You can find out which specific part of the apartment in the building belongs to a particular owner using an extract from the Unified State Register of Real Estate or another document confirming ownership. At the time of writing this article, only extracts from the Unified State Register were issued. Other types of documents are outdated.

There are two main ways to order an extract: through the State Services website or at Rosreestr. The documents are no different from each other, but in the State Services this extract is made free of charge and takes longer.

State is a universal service with which you can issue almost any documents (for example, a foreign passport), pay fines, and so on. One of the services is the provision of extracts from the Unified State Register. In this case, they are issued by the tax service, probably for the purpose of determining the size of the share for paying tax. But since the task is to find out exactly what share belongs to a person, you can use such a document.

Procedure

Register on the State Services website. To do this, you must have a valid passport of a citizen of the Russian Federation. The form is not particularly complicated and each field indicates what exactly needs to be entered here and in what format.
Go to the “Service Categories” section.
Find the item “Providing an extract from the Unified State Register of Real Estate”.
Order a service and fill out all fields.
Send a request and wait for a response.
The site account is linked to email and therefore you don’t even have to constantly log into the service, just checking your email is enough.

Costs and deadlines

As mentioned above, this service is provided free of charge. The deadlines are also clearly defined:

Action	Term
Application Form	Up to 1 day
Registration of an application after its submission	Up to 1 business day
Obtaining an extract from the Unified State Register of Real Estate	Up to 5 working days

Rosreestr

The second, faster and more popular option is to contact Rosreestr.

Receipt options

Unlike State Services, you can order and receive an extract through Rosreestr in various ways:

Through MFC (My Documents).
On a personal visit.
Online application.
By mail.
Home visit.

ATTENTION! Home visits are a paid service, except in cases where a disabled person orders a document.

Procedure

Go to the Rosreestr website.
Go to the “Individuals” section.
Find the item “Getting information...”
Order an extract.
Pay for the service.

Costs and deadlines

The cost of the statement is 300 rubles (for individuals). Depending on the method of receipt, the period may vary between 3-5 days.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then

describe your situation to a lawyer in an online chat;
write a question in the form below;
call Moscow and Moscow region
call St. Petersburg and region

Allocation of a share in an apartment by agreement

The only way to allocate a share in an apartment in kind is by signing an agreement on the procedure for use.

It specifies exactly how square meters are distributed between the owners, what is the procedure for using balconies, loggias, storage rooms, etc. The parties usually use common spaces (corridor, kitchen, bathroom) on equal terms.

The agreement may additionally include the following information:

About the procedure for using household appliances located in common areas.
About cleaning common areas and garbage disposal.
About the possibility or impossibility of keeping pets in the apartment.

The inclusion of certain conditions in the agreement is determined by the parties. The document must contain the passport details of the co-owners, their signatures and information about the distribution of rooms between them.

An agreement on the procedure for use is not a document that is subject to mandatory state registration.

In other words, such an agreement is not registered as an independent document, but it may be an annex to the purchase and sale agreement. Accordingly, when determining the order of use, the apartment is not divided into rooms; the subject of turnover is still only a share, with the only difference being that the owners have determined among themselves which room this share is in kind.

The agreement assigns specific rooms to the owners as agreed by the parties. When a compromise cannot be reached, it is necessary to go to court to determine the order of use.

How to find out what share in the apartment belongs to me

Hello! This is our 3rd apartment, bought when my father and mother were married. After the divorce, my mother left and didn’t take anything. My father and I are registered in it. I know that when I bought it, my dad privatized 1 room for himself. 2 years ago I privatized it for I have 1 more room for myself. I have a document for it. We have two different payment accounts. As far as I know, I have most of it. My father won’t give me the documents. I want to rent out my half on my own, but he’s making a fuss. How do I find out what my share is? apartment? and does mom have any rights to the apartment?

We recommend reading: I flooded my neighbors downstairs, what should I do?

Finding out whether you own any share in this apartment is simple - with a passport, apartment address and a receipt for payment of the fee (200 rubles), contact any branch of Rosreestre in Moscow, write an application for the provision of information from the Unified State Register and within a week you will receive answer.

Disputes when determining the procedure for using an apartment

How to correctly determine the use of an apartment if the shares are equal, but the rooms are of different sizes, or one of the co-owners carried out renovations at his own expense, and because of this he claims the best room? What if the share is so small that it is impossible to give the owner a whole room for use? Or are not all rooms isolated, and no one wants to occupy the hallway?

What is the court guided by in cases of determining the procedure for using an apartment:

The established procedure for use, even if the occupied rooms are not proportional to the size of the shares.
The actual residence of each owner in a given apartment, the availability of other housing for shareholders.
A real opportunity to share property.
The layout of the apartment, the presence of isolated rooms.

Living in an apartment of young children or disabled people can also be taken into account when making a decision by the court. But, if these persons are not shareholders, their interests should not take precedence over the interests of the apartment owners.

Article 252 of the Civil Code of the Russian Federation determines that each owner has the right to demand the allocation of his share. However, if the allocation is not permitted by law, the owner has the right to receive monetary compensation from the co-owners equivalent to the size of the share.

Payment of the cost of a share instead of allocating it in kind is possible:

With the consent of the copyright holder of such share.
Without the consent of the copyright holder, solely by court decision and in cases where the size of the share is insignificant and the owner has no special interest in its use. The court imposes obligations on the remaining owners to pay monetary compensation.

If you have a question about allocating a share or determining the procedure for use, take advantage of a free consultation with a lawyer. Such issues are resolved on an individual basis. Judicial practice is rich in various court decisions, including when the holder of a small share was given the use of an entire apartment.

Shares when buying an apartment using maternity capital

The main and necessary condition of the transaction for the purchase of housing with maternity capital is the provision of shares to all family members, including children. The size of the share is determined by the agreement. But more often than not, children are deliberately given minimal shares. The fact is that when buying a home, guardianship authorities are necessarily involved in transactions with minor children. Their purpose is to ensure that the child’s future housing is not inferior to the previous one, but is better. To do this, when cashing out the certificate, children are allocated small shares so that when they possibly purchase the next apartment, it is easier to increase their share.

How to find out if there is a share in a privatized apartment

My friend's father died 5 years ago. He lived in a municipal one. but a month before his death, all the documents for privatization were collected. The apartment was privatized in my father’s name and everything was taken to the registration office. When they called from the registration chamber and said that they could pick up the certificate, they could not come on time, because... We were at our father's funeral. Before his death, my father made a general power of attorney for my older sister so that she could pick up documents from the registration chamber.

1 answer. Moscow Viewed 118 times. Asked 2012-05-01 12:24:39 +0400 in the topic “Other questions” Will it be a violation if a mother is registered for the lack of space? Mom has a share in another privatized apartment. — Will it be a violation if a mother is registered for the lack of space? Mom has a share in another privatized apartment. Further

We recommend reading: Conditions for leaving an apartment

Allocation of a share in a communal apartment

The owner can register ownership separately for a room in a communal apartment. The cadastral registration will contain information about both the entire apartment and the allocated room (Letter of the Ministry of Economic Development No. OG-D23-5298 dated September 27, 2013).

According to Art. 41, 42 of the Housing Code of the Russian Federation, the owners of rooms in a communal apartment have shared ownership of common areas.

The procedure for registering ownership of a room and common shared ownership of common property in a communal apartment:

Prepare a room allocation agreement signed by all owners.
Order a technical plan for creating a room.
Submit an application to Rosreestr to register a room in the apartment and register the right. The documents must include:

technical plan for the room, and plan of the premises, which is common property;
state duty in the amount of 2000 rubles.

Get the result - an extract from the Unified State Register.

At the same time, the remaining owners of shares in the communal apartment must apply. After all, when one owner is separated, the shares of the others are subject to redistribution and are determined in the agreement. The participation of the remaining co-owners is not necessary only in case of separation by court.

Selling a share in an apartment - is there a certain cost?

Before selling to “strangers,” you must offer to buy out your share to other owners. This is done in writing, indicating the price and terms of sale. The offer is sent by mail with notification. After a month of silence or refusal, you can sell to anyone. You set the amount that you think is necessary.

We recommend reading: Procedure for preparing documents for real estate

When selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have the pre-emptive 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 a sale at public auction, as well as cases of sale of a share in the right of common ownership of land plot by the owner of a part of a building or structure located on such a land plot or by the owner of premises in the specified building or structure.

Let's sum it up

Currently, the allocation of a room in an apartment that is not a communal one, in such a way that one can own the ownership of the room, and not a share in the apartment, is not carried out. Even the courts do not practice making such decisions. An apartment is considered an indivisible thing, according to Art. 133 Civil Code of the Russian Federation.
The alienation of shares in an apartment occurs under an agreement on the procedure for use, in which the rooms in the apartment are distributed among the owners of the shares. The subject of the transaction is legally a share in the apartment.
An agreement on the procedure for using the apartment can be reached by the co-owners by agreement, or it can be established by the court.
It is possible to divide a communal apartment into rooms; each room receives a separate cadastral number, and the owner of the room becomes the holder of a share in the common premises of the communal apartment, and the full owner of his room. The allocation of a room in a communal apartment is carried out either on the basis of an agreement between the owners or by court.