Home / Housing disputes / How to calculate shares in an apartment - Online calculator
Housing in common shared ownership is registered to several owners. They may be relatives to each other or be strangers - it is not so important. It is much more important to calculate the shares in the apartment based on the total living area and the number of living co-owners. This calculation will allow you to avoid legal, everyday, personal and other disputes about the apartment.
There are three options for calculating shares in common law:
- conclude an agreement and reach an amicable agreement;
- allocate your part from the common property;
- take advantage of the judicial section of the area.
It is advisable to seek compromises and not bring the matter to trial. It is very useful to use an online calculator or calculation formula. You will learn about all the subtleties with fractions, fractions and square meters from our article.
How are shares in an apartment calculated?
Before you start calculating shares, you need to establish the total area of the living space - in square meters. Based on this indicator, apartments can be divided into parts in proportion to the number of co-owners.
What conditions affect the calculation:
- Number of co-sharers - the more applicants for a share in the apartment, the smaller the size of square meters for each of them.
- Joint property is not divided into parts at all, because belongs to two or more people on a common basis.
- According to paragraph 1 of Art. 245 of the Civil Code of the Russian Federation, shares are considered equal by default - the balance can be changed with the help of an agreement.
- Separation from shared ownership is allowed - through allotment in kind, i.e. creation of a separate room with a separate entrance, communications, etc.
- A one-room apartment is divided into shares, but they cannot be presented in the form of separate living rooms - the layout does not allow it.
- Co-owners can establish both equal and unequal shares - in accordance with their preferences.
- If the footage of the room does not correspond to the declared share, the co-owner pays or receives compensation from other owners.
Let's look at some features of calculating shares in an apartment.
From the general share or residential?
Usually the calculation is not related to the living area, but to the total area of the living space. However, you need to know the differences:
Residential share - presented in the form of a separate room (for example, one of the owners of a 2-room apartment has a bedroom of 15 m²).
Common is a part of housing, consisting of residential and non-residential space, which belongs to a person.
The first step is to find out the total share of a particular owner. Then imagine it as a living space - a room. Common square meters can be a corridor, a storage room, a bathroom, a toilet, a balcony - the objects are divided equally between all co-owners.
Agreement on determining shares
Family or friendly ties between owners can help with calculating shares in an apartment. The owners enter into an agreement to determine the size of shares - read about what it is and how to draw it up in our article.
The agreement assumes a peaceful solution to the issue. It is not at all necessary to follow the principle of equality - you can set arbitrary fractions depending on people's needs. One will get a spacious hall, another will get a bedroom, and the third will have a living room with a balcony. In a word, an agreement is possible and even necessary. Otherwise, litigation cannot be avoided.
If the apartment is communal
A special procedure for using a communal apartment is housing with isolated rooms and a common space. Non-residential premises in the form of a kitchen, corridor and bathroom are used by all residents, and specific rooms are used in strict accordance with the allocated share in common law (Article 42 of the Housing Code of the Russian Federation).
The family owns one, two, three or more rooms. Owners can dispose of such living space without regard to the opinions of other residents of the communal apartment.
The calculation of the share is related to the determination of square meters of isolated premises + part of the common property of the apartment (non-residential premises).
If maternity capital was used
Buying out a share in an apartment for maternity capital involves allocating percentages to children and husband . The size of future shares will have to be calculated in advance or within 6 months after the purchase and sale of housing. Read more in the article “Allocating a share to children when using maternal capital.”
Spouses can enter into an agreement and calculate the shares at their own discretion. For example, keep ⅔ for yourself, and allocate ⅓ of the fraction for your children. Calculations are related to the minimum living space per person. However, this approach is not always appropriate - if the purchased part is small, then it will not be possible to comply with the requirements.
Simple and convenient option
Let's start from simple to complex. As you know, there are different types of apartments, but a house that has at least two apartments should be considered multi-apartment. That is, such a house can be one-story. In this case, identifying and then separating the shares is quite simple. According to the law, the apartment can in reality be divided in half, but a number of technical requirements must be met. This is the presence of a separate exit and isolated utility rooms for each of the shares (kitchen, bathroom, bath). In a one-story house, it is most often possible to meet such requirements. That’s why most owners go for this option.
The owners are reconstructing their home, and technically the house becomes completely divisible. As a result of such actions, “half the house” and other similar words are formed. The only difficulty again is with determining the shares in kind, since the rooms have different areas and are not divided equally. In this case, the owners will have to seek a compromise and come to an agreement so that all the premises are divided equally, and the owner who received the majority of the area will have to compensate for the excess area with money or other property. If there is an odd number of rooms, then it is possible that the large one will go to one person, and the two small ones to another owner. And the difference will be compensated.
Therefore, despite a number of technical difficulties, owners usually manage to resolve the issue on favorable terms.
How to calculate the share in an apartment: formula
Let's move on to specific formulas and examples for calculating shares in an apartment.
First, you need to find out:
- total area of the apartment in square meters – for example, 45 m²;
- size of residential and non-residential space;
- number of co-owners - father, mother, son, uncle, grandmother, nephew, etc.
Secondly , determine the ratio of the total area to the size of residential and non-residential square meters.
Thirdly , establish the share of each co-owner - based on residential and non-residential space.
Formula for calculating shares in an apartment:
a/c + b/c = d
“a” – living area;
“b” – non-residential;
“c” – number of shareholders;
“d” – the received share per tenant.
The selected calculation formula is suitable for determining equal shares.
Example:
Gusev, Utkin and Soloviev plan to count the shares in a 3-room apartment. The total housing area is 50 m², of which 35 m² is residential, and the remaining 15 m² is non-residential.
The formula for calculating Utkin’s share is: 35 m² / 3 + 15 m² / 3 = 16.67 m² or ⅓ in the general right to an apartment.
Gusev and Soloviev will receive the same amount.
How to calculate shares in an apartment in fractions
The method described above is the simplest. However, it is not suitable for uneven calculation of shares in an apartment. For example, if one of the residents increased the size of his part due to inseparable improvements to the living space (clause 3 of Article 245 of the Civil Code of the Russian Federation). In other words, I hung the wallpaper, replaced the plumbing, turned on the electricity, whitewashed the ceiling, and repaired the holes in the wall.
We'll have to use a new formula, but for fractions.
Example:
Gusev, Utkin and Soloviev consider unequal shares in the same 3-room apartment with a total area of 50 m², of which residential squares are 35 m², non-residential squares are 15 m².
Utkin lives in a room of 12 m², Gusev – 14 m², and Solovyov huddles in a room of 9 m².
Let's define fractions for residential premises (rooms) - 12/100, 14/100 and 9/100 shares. We also take over common areas (non-residential premises) - we divide 15 m² into three co-owners and get 5 m² per owner.
We use the formula to calculate shares:
- 12/100+5/10=17/100 – Utkin;
- 14/100+5/10=19/100 – Gusev;
- 9/100+5/100=14/100 – Soloviev.
Participants in shared ownership can draw up an agreement and fix the received values in it. Thus, we received unequal fractions, but in accordance with the living area of the shareholders.
How to calculate the cost of a share in an apartment
Real estate has a price depending on the area, house, living conditions, climate, infrastructure and other factors. There is a distinction between market and cadastral valuation of housing - recently the cadastral price has been taken as the basis.
If we are talking about a share of housing, the share also has a value. The owner can sell it, exchange it, pledge it, allocate it in kind, or leave it as an inheritance. Calculations for the share are based on the total price of the apartment.
Example:
The cost of a 3-room apartment is 8,000,000 rubles. Utkin, Gusev and Soloviev want to calculate the value of their shares in the common right to housing.
Let's assume that the parts are equal, which means one co-owner has ⅓:
Formula: 8,000,000 / 3 = 2,666,666 rubles - the share of Utkin, Gusev or Solovyov.
If the shares are not equal, the calculation is related to the percentage:
Utkin owns ⅔ of the apartment, which means we multiply 8,000,000 by ⅔ = 5,333,333 rubles;
Solovyov and Gusev between them got ⅓ of the housing, or 1/6 for each. This means that the price of the share of each of them is 8,000,000, multiplied by 1/6 = 1,333,333 rubles.
Pricing Features
The easiest way to determine the price is based on the results of monitoring the real estate market. Most owners assume that in order to calculate the cost of a share, it is enough to find out the price of the entire apartment and divide this amount by the number of owners. For example, if a home costs 3 million and is owned by 3 people, and the shares are divided equally, then 1/3 of the apartment will cost 1 million. It is difficult to argue with the correctness of such calculations. True, if we consider them only from a mathematical point of view. In real life, pricing is influenced by many factors.
First of all, it is demand. As practice shows, there are not so many people who want to buy part of an apartment. It is easier for people to spend their savings on a room in a communal apartment or in a dormitory. Shares are bought mainly by those who are looking not for housing, but for a real estate property at the address of which they can carry out permanent registration. And for such purposes, people try to choose the cheapest housing.
Due to these circumstances, you can earn much less money from the sale of a separate part, as if you sold the entire apartment and divided the proceeds equally between all owners. We have already talked about how to calculate the share in the right of common ownership of common property.
How to calculate tax on a share in an apartment
Why else do you need to count shares in the common right to an apartment? First of all, to determine the tax rate on real estate.
The tax rate depends on the cadastral price of the apartment - the figure can be found from the cadastral passport or a recent extract from the Unified State Register of Real Estate.
Tax rate on shares in an apartment in 2021:
- the cost of a percentage value of less than 300,000 rubles is 0.1% of the price ;
- from 300 to 500 thousand rubles from the cadastral value - 0.3% annual tax;
- from 500,000 and above – up to 2% of the price of the share in the apartment.
Example:
Utkin has a ⅛ share, the cost of which is 170,000 rubles - the tax rate will be 170 rubles. Soloviev owns ¼, which is equal to 350,000 rubles - the tax rate is already 0.3%, which is 1,050 rubles.
Please note that tax rates are approximate. Much depends on the region - local authorities can either increase or decrease tax contributions.
We recommend reading “Calculation of tax on the sale of a share in an apartment“.
What to remember:
- The calculation of shares is related to the total area of the apartment and the number of co-owners.
- Division into equal and unequal fractions is allowed, for example - one owner has ⅔ of the share, and the second ⅓ in the apartment.
- Common and living space are different concepts. Shares are calculated from the total area, taking into account non-residential premises (corridor, pantry, balcony).
- Co-owners can enter into an agreement to determine shares in the residential premises.
- If spouses spend maternity capital, they are required to allocate children's shares in the apartment.
- The cost of shares is calculated in relation to the price of the object.
- Owners pay an annual tax - in accordance with the size of shares and the rate in the region.
Knowing formulas and using a calculator does not guarantee the division of an apartment without scandals.
Often a share cannot be imagined as a separate room. Improving housing also requires a revision of the size of shares in common property. An unprepared person can easily get confused in calculations, tax rates, procedures for use and other issues. To avoid trouble, our lawyers. An online consultation will help you understand the calculation of interest, establish compensation, the amount of tax, fractional and real amounts. A lawyer is ready to help at any time of the day or night! Attention!
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
That's why FREE expert consultants work for you around the clock!
- via the form (below), or via online chat
- Call the hotline:
- Moscow and the Region
- St. Petersburg and region
- FREE for a lawyer!
By submitting data you agree to the Consent to PD Processing, PD Processing Policy and User Agreement.
Anonymously
Information about you will not be disclosed
Fast
Fill out the form and a lawyer will contact you within 5 minutes
Tell your friends
Rate ( 4 ratings, average: 5.00 out of 5)
Author of the article
Maxim Privalov
Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.
Author's rating
Articles written
610
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.
