Agreement on termination of shared ownership

Agreement on termination of shared ownership. Property in shared ownership may be divided between its participants by agreement between them.

A participant in shared ownership has the right to demand the allocation of his share from the common property.

If the participants in shared ownership fail to reach an agreement on the method and conditions for dividing the common property or the allocation of the share of one of them, the participant in shared ownership has the right to legally demand the allocation in kind of his share from the common property. If the allocation of a share in kind is not permitted by law or is impossible without disproportionate damage to property in common ownership, the allocated owner has the right to have the value of his share paid to him by other participants in shared ownership. The disproportion between the property allocated in kind to a participant in shared ownership on the basis of this article and his share in the right of ownership shall be eliminated by payment of an appropriate sum of money or other compensation. Payment of compensation to a participant in shared ownership by the remaining owners instead of allocating his share in kind is permitted with his consent. In cases where the owner’s share is insignificant, cannot be realistically allocated and he does not have a significant interest in the use of the common property, the court may, even in the absence of the consent of this owner, oblige the remaining participants in the shared ownership to pay him compensation.

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Agreement on termination of shared ownership

mountains Moscow, Russian Federation Thirty-first March two thousand ____________

We, VIKTOR GRIGORIEVICH LAKIZOV, born 08/29/1958, passport 03 03 470470, issued by the PVS of the Internal Affairs Directorate of the __________ district of the city. Moscow 02.12.2002, subdivision code 232-002, residence: city. Moscow, st. Central, house No. 3, and ALDABAY ELENA IVANOVNA, born 05.11.1955, passport 03 03 929929, issued by the PVS of the Department of Internal Affairs of the ___________ district of the city. Moscow 12/22/2002, subdivision code 232-003, residence: city. Moscow, st. Engelsa, house No. 12, in order to terminate the common share of ownership of buildings: a residential building and other outbuildings and structures located at the address: city. Moscow, st. Central, house No. 3, have entered into this agreement as follows:

We, Viktor Grigorievich LAKIZOV and Elena Ivanovna ALDABAY, being co-owners of ONE SECOND SHARE each, of buildings consisting in general of: a residential building letter “A”, with a total area of 37.4 sq.m., including a living area of 20.2 sq.m., summer kitchen lit. “G” with cellar, canopy lit. “G1”, fences and structures located at the address: city. Moscow, st. Tsentralnaya, house No. 3, owned by: Viktor Grigorievich LAKIZOV - on the basis of a Registration Certificate issued by the Bureau of Technical Inventory of the Mountains. Moscow 12/31/1992 and certificates from the branch of the State Unitary Enterprise KK “Kraitekhinventarizatsiya” in the city. Moscow from 02.22.2004 for No. 3; and ALDABAY Elena Ivanovna - on the basis of an Agreement for the sale and purchase of a land plot with one second share of the household located on it, certified by Rusinova E.L., a notary of the notarial district of the mountains. Moscow 12/12/1992 according to register No. 60, registered in the technical inventory bureau of the city. Moscow on December 12, 1996 in the register book under No. 33, page 11. In connection with the construction by ALDABAY Elena Ivanovna of an individual two-story residential building letter “B”, which belongs to her on the basis of the Acceptance Certificate for the commissioning of a completed individual residential building and outbuildings, issued by the administration of the ______________ administrative district of the mountains. Moscow on October 10, 1999, approved by the Order of the administration of the ___________ administrative district of the city. Moscow 09.12.1999 for No. 45, certificate from the branch of the State Unitary Enterprise KK “Kraitekhinventarizatsiya” in the city. Moscow dated 03.03.2004, operator No. 16, registration No. 1, and the publication of the Order of the administration of the ____________ administrative district of the mountains. Moscow dated 08.08.2000 No. 24 “On the division of home ownership at the address: city. Moscow, st. Tsentralnaya, No. 3 for two independent ones,” have entered into this agreement on the termination of common shared ownership of buildings: a residential building and other outbuildings and structures located at the address: city. Moscow, st. Central, No. 3.
At the same time, the entire structure becomes the personal property of Viktor Grigorievich LAKIZOV: residential building letter “A”, with a total area of 37.4 sq.m., including a living area of 20.2 sq.m., summer kitchen lit. “G” with cellar, canopy lit. “G1”, fences and structures located on a land plot measuring 1629 sq.m. (according to documents) and 2041 sq.m. (in fact) according to the certificate of the branch of the State Unitary Enterprise KK “Kraitekhinventarizatsiya” for the city. Moscow from 03.23.2004 for No. 3) with assignment No. 3 on the street. Central in the mountains Moscow with its subsequent state registration in the presence of a cadastral plan for the land plot and documents confirming ownership of the specified land plot and buildings. The total inventory value of buildings is 61,057 (sixty-one thousand fifty-seven) rubles.
The entire structure becomes the personal property of ALDABAY Elena Ivanovna: a residential building with a basement letter “B”, brick, with a total area of 250.0 sq.m., including a living area of 128.5 sq.m., fences and structures located on a land plot, cadastral number 79:77:01 02 014:0007, measuring 1191±15.8 sq.m. (one thousand one hundred ninety-one ± fifteen and eight tenths sq.m.), with assignment No. 3/1 on the street. Central in the mountains Moscow. The inventory assessment of buildings is 463,000 (four hundred sixty-three thousand) according to a certificate from the branch of the State Unitary Enterprise KK Kraytekhinventarizatsiya for the city. Moscow dated 03/03/2004, operator No. 16, registration No. 1. The specified land plot belongs to Elena Ivanovna Aldabay on the basis of the Certificate of land ownership series RF-123 1154-441-962 No. 078087, issued by the Committee on Land Resources and Land Management mountains Moscow 03.03.1996, registration entry No. 34(1) on the basis of the above-mentioned Agreement for the sale and purchase of a land plot with one second share of home ownership located on it dated 12.12.1995 for No. 60, located on settlement lands and intended for personal subsidiary plot according to the Cadastral plan of the land plot (Extract from the state land cadastre), issued by the Moscow city department of the Regional Cadastre Chamber on January 29, 2004, No. 77/04-03-321.
The costs of completing this agreement are paid by Elena Ivanovna Aldabay.
This agreement is signed in three copies, one of which is kept in the files of the notary of the notary district of the mountains. Moscow, Russian Federation at the address: city. Moscow, st. Red, 1, and the second and third are issued to the parties.

The text of this agreement was read aloud to the parties by the notary.

SIGNATURES: _________________________________

mountains Moscow, Russian Federation, March thirty-first two thousand _______________. This agreement is certified by me, Elena Leonidovna Rusinova, a notary of the notarial district of the mountains. Moscow, Russian Federation. The agreement was signed by the parties in my presence. The identity of the parties has been established and their legal capacity has been verified.

Registered under register No. _____________

Charged at the rate – _____________

NOTARY ___________

An agreement on the termination of shared ownership of a residential building and the determination of ownership of apartments or how to exit common shared ownership and divide the house into apartments . Let's look at how to draw up a draft settlement agreement to change the status from shared to apartment-based. In order to change the status, it is necessary to draw up a settlement agreement, which in its structure resembles a regular agreement only with different wording. For those who do not know how to correctly draw up a settlement agreement on the termination of shared ownership, contact a notary or lawyer for help.

The agreement on the termination of shared ownership turned out to be large, since there are 16 apartments in the building, and several apartments have several owners, so I had to skip the header of the agreement for transferring housing from shared to apartment-by-apartment with the writing of passport data.

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Allocation of share in kind

According to, a share in kind can be allocated from the common property. In this case, the original property actually becomes smaller in volume. But the share right does not terminate for all participants (if there are more than two), but only for the owner of the new object.

It is not always possible to highlight the natural part in proportion. Conditional “injustice,” according to , is eliminated through monetary or other compensation, for example, the transfer of other property.

Sometimes selection in kind is physically impossible. Thus, it is impossible to select a part of the car. This also applies to real estate. As follows from Federal Law No. 218, at present, registration of real estate as a result of the allocation of a share in kind is carried out only in relation to land plots. If we are talking about buildings and structures, only division is possible.

If the allocation is permitted in theory and feasible in practice, you can enter into an agreement or go to court for an appropriate decision.

More about how a share in a private house is allocated in kind.

Settlement agreement for the transfer of housing from shared housing to apartment housing

The header of the agreement will be very long, since it is necessary to rewrite all shareholders and their data.

We, full names of the participants, own, on the right of common shared ownership, a land plot, land category - land of settlements, permitted use - for individual residential construction, with a total area of 810 sq.m., cadastral number ________ and a residential building located on it, lit. A, above /A, inventory number ___________, with a total area of 953.7 sq.m., including a living area of 498.2 sq.m., at the address: ________ namely (hereinafter we describe all participants indicating the shares, that is, who owns how many shares ) – ____ shares in the right of common shared ownership of a land plot and a residential building;
The above residential building lit. A, above/A, belongs to: (now we describe on the basis of what documents the shared ownership belongs)
Based on Art. 252 of the Civil Code of the Russian Federation and by agreement of the parties, we terminate the right of common shared ownership of a residential building lit. A, above/A, inventory number _____, total area ________, including living area _________, at the address ______, and we determine ownership of the apartment as follows: Next, we describe to whom which apartment will belong and what it will consist of (corridor, kitchen, hallway, bath, balcony, room).
Before the conclusion of this Agreement, the above-mentioned residential building has not been sold to anyone, not given as a gift, not mortgaged, is not in dispute, is not under prohibition, is not under arrest, has not been rented out, has not been transferred for temporary use, and has not been encumbered with the rights of third parties, which is confirmed by the statement of the parties.
The above-mentioned land plot, category of land - land of settlements, permitted use - for individual housing construction, with a total area of 810 sq.m., cadastral number _______, remains in the common shared ownership of the parties, according to the share in the right of common shared ownership, without establishing the boundaries of the land plot in kind. The shares in the right of common shared ownership of the above-mentioned land plot do not change.
This agreement is the basis for the production of separate technical and cadastral passports for the above residential buildings, as well as for the implementation of other formalities provided for by law.
Termination of rights and the emergence of rights under this agreement are subject to registration with the Office of the Federal Service for State Registration, Cadastre and Cartography in the ________ region; the parties' ownership rights arise from the moment of state registration.
The costs associated with the conclusion of this Agreement and its state registration are paid by the parties in equal shares.
Contents of Art. 131, 252, 551 Civil Code of the Russian Federation, art. 38 of the Housing Code of the Russian Federation, explained to the parties by the notary. (If you draw it up yourself, the wording will be: the content of the articles __ __ __ is clear to the parties)
This Agreement is drawn up and signed in _____ original copies. Signatures of the parties

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Buying out a share from a co-owner

According to Part 2 of Art. 246 of the Civil Code of the Russian Federation, the shared owner can dispose of the property at his own discretion, for example, sell. But at the same time, he is obliged to take into account the preemptive right of the second person to purchase. It is established by regulations. To do this, the seller must send a written notice to the co-owner with an offer to buy the share. It indicates the price and other terms of the transaction.

The property can be sold to a third party if the remaining shareholders refuse to purchase or do not respond to the offer within the following deadlines:

on the purchase of real estate - within 1 month;
on the acquisition of movable property - within 10 days.

If they are immediately prepared to submit a refusal in writing, the transaction with an outside party can take place on the same day.

Challenging and terminating the agreement

Since the agreement on the division of property refers to bilateral transactions, the procedure for its conclusion and the grounds for termination are regulated by civil law.

An agreement on the division of jointly acquired property may be challenged or declared invalid in the following cases:

the provisions of such an agreement violate the rights and interests of spouses or their children;
the clauses of the agreement contradict current legislation;
the contract was not concluded in accordance with the procedure established by law. For example, not certified by a notary;
the agreement contains conditions that do not relate to the property relations of the spouses;
one of the spouses was declared incompetent or at the time of concluding the agreement was not able to understand the meaning of his actions;
one of the spouses signed the agreement under the influence of delusion, deception, violence, or unfavorable circumstances.

If one of the spouses considers the agreement invalid and subject to cancellation, he must file a claim with the judicial authorities.

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Nuances when redistributing shares

You can change the size of shares in relation to a house, land plot, apartment, while the process itself has some features.

During privatization

According to Art. 245 of the Civil Code of the Russian Federation, the shares of privatization participants are considered equal by default. One of the potential owners may refuse his share, then it will be distributed among the others.

If the parties wish to increase (decrease) the shares of the others and have grounds for this, an agreement can be drawn up on the redistribution of shares. If the remaining participants do not agree to make concessions, they can contribute part of the funds to compensate for the cost of improvements made by one of the co-shareholders.

In a private household

House owners who have agreed on the redistribution of shares in real estate draw up a corresponding agreement.

If there is a need to give someone his share, one of the parties can enter into a purchase and sale transaction or donate part of the real estate belonging to him

At the same time, it is important to remember the right of first refusal of the remaining co-owners in accordance with Art. 250 of the Civil Code of the Russian Federation, that is, the remaining residents must be sent a written notification of the sale and receive a refusal or consent

In the case of a donation (sale), there is a quantitative change in the composition of the co-owners, while the size of the share changes only for one (the seller, the donor).

Land plot

Land owners can agree on the redistribution of land plots (Article 11.7 of the Land Code of the Russian Federation)

It is important to take into account the rules:

redistribution should not affect the ability of other sharecroppers to access buildings and communications;
the size of the created plots must correspond to the established standards in the relevant locality.

The parties can change the size of shares by selling their property parts or donating them.

When inheriting

By default, the shares of heirs in the inheritance mass are considered equal. Having received certificates of right to inheritance, successors can enter into a written agreement on the redistribution of shares.

When drawing up an agreement, co-shareholders must be guided by the rules of law. If a document is drawn up incorrectly, is not certified by a notary, or the registration procedure is ignored, the document will not have legal force. To dispose of shares legally, find out in advance: how to correctly draw up an agreement on the redistribution of shares of a house, land, or apartment? What needs to be done for the document to have legal force? A lawyer from the website ros-nasledstvo.ru will provide answers to all questions free of charge.

Options for redistribution of shares

There are several basic options for redistributing shares:

Purchase and sale. An obvious and simple option, in which the share is redistributed due to the fact that one party sells part of the property, and the second buys.
Exchange. A similar option to the previous one, in which one party receives part of the share, and in return transfers something else. For example, a share in another apartment, a car, equipment, and so on.
Giving. A cheap and simple option, in which you don’t even have to take into account the pre-emptive right of the co-owners. One party simply gives part of its share to the other party.
Redistribution. And the most common, as well as simplest, option is in which there is a direct redistribution of shares based on the concluded agreement of the parties. Let's consider this system in more detail.