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.
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.
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.
How is the amount of participation determined in shared ownership?
In paragraph 1 of Art. 245 of the Civil Code of the Russian Federation establishes a general rule on how to determine the size of a share in an apartment, unless otherwise established by law or agreement between all participants in the property: shares are recognized as equal.
Co-owners have the right to deviate from the principle of equality in certain cases:
- through concluding an agreement among themselves;
- through filing a statement of claim, that is, judicial procedure.
The agreement is a written decision of the owners to determine the size of the share in the apartment for each of them. We recommend including the following provisions:
- date, place of compilation;
- details of each participant;
- description of the object in respect of which it is concluded (address, total and living area, cadastral number);
- sizes of installed or changed shares;
- signatures of all co-owners.
In order to formalize the obtained dimensions, you will need to apply with an agreement to Rosreestr for state registration of the distribution (change) of the amount of participation in the right of common shared ownership of real estate. Please note that all co-owners apply, but when the agreement is notarized, only one applicant or notary has the right to apply (Part 1, Clause 2, Part 2, Article 14, Part 2, Article 42 of the Law on State Registration of Real Estate dated July 13. 2015 No. 218-FZ).
They go to court when it was not possible to reach agreement on establishing or changing the size of participation of each owner. For example, a co-owner, under certain circumstances, has the right to demand an increase in his possessions if he has made inseparable improvements (clause 3 of Article 245 of the Civil Code of the Russian Federation, determination of the IC on economic disputes of the Armed Forces of the Russian Federation No. 308-ES16-10315 of December 27, 2016).
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.
How to calculate interest using online services
Not all percentages can be calculated in your head or even on a calculator. When it comes to deposit returns, mortgage overpayments or taxes, complex formulas are required. They are taken into account in some online services.
Planetcalc
The site contains various calculators that calculate not only percentages. There are services for lenders, investors, entrepreneurs and all those who do not like to do math in their heads.
Planetcalc→
Calculator - help portal
Another service with calculators for every taste.
Calculator - help portal→
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.
Why sharecroppers can’t go to isolated apartments
This situation can be easily avoided by reaching an amicable agreement with your former family member. And having sold the apartment together, divide the money equally.
Then buy two isolated apartments with a smaller area. And continue to live separately from each other, remaining friends.
But often people are overcome by greed, often by the desire to take revenge on a former member of their family.
And sometimes the cost of the sold apartment will not allow you to buy a full-fledged isolated housing of a smaller area.
After all, when there is a minor child in the family. The conditions of his detention are protected by the state represented by the guardianship and trusteeship authorities.
And this authority will not allow parents to worsen the child’s living conditions.
Therefore, if the child had an isolated room in the apartment.
He should also have an isolated room in his new home. Moreover, it should be no smaller in size than in the sold apartment.
And it will not be possible to leave a mother and a minor child to live in a purchased one-room apartment (three rubles are usually exchanged for two one-room apartments).
Since this would be an obvious violation of the child’s rights and non-compliance with his living conditions.
Therefore, even with all the desire, people cannot move from an apartment that is in shared ownership to isolated housing.
Unless, of course, they live in a four-room apartment, which is exchanged for a two-room and a one-room apartment when they travel.
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).
How to Calculate Interest Using Ratios
In some cases, you can use simple fractions. For example, 10% is 1/10 of a number. And to find out how much it will be in numbers, just divide the whole by 10.
- 20% - 1/5, that is, you need to divide the number by 5;
- 25% — 1/4;
- 50% — 1/2;
- 12,5% — 1/8;
- 75% is 3/4. This means you have to divide the number by 4 and multiply by 3.
Example
You found trousers for 2,400 rubles with a 25% discount, but you only have 2,000 rubles in your wallet. To find out if you have enough money for a new thing, carry out a series of simple calculations:
100% - 25% = 75% - the cost of the trousers as a percentage of the original price after applying the discount.
2,400 / 4 × 3 = 1,800. That’s how many rubles the pants cost.
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.
How to calculate interest using a calculator
If life is not pleasant for you without a calculator, all calculations can be done with its help. Or you can do it even simpler.
- To calculate a percentage of an amount, enter the number equal to 100%, the multiplication sign, then the desired percentage and the % sign. For the coffee example, the calculation would look like this: 458 × 7%.
- To find out the amount minus interest, enter a number equal to 100%, a minus, the size of the percentage and the % sign: 458 - 7%.
- You can add up similarly, as in the example with a deposit: 530,000 + 5%.
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.
How to calculate the share of the total as a percentage
07.05.2018
7 - 0 = 7 Answer: for 7 apples. Maybe a typo? Anonymous Okay. I'm telling it like it is. My husband monitors violations at work. There were none in the first quarter. In the second, 7 were recorded. The data must be submitted in the form of a percentage: by what percentage were there more violations in the second quarter. If there were 4 and 5, respectively, then it would not be difficult to solve.
Calculator for calculating the shares of LLC participants (beta)
In order to find out the exact size of the authorized capital, it is enough to enter in the “Participant 1” field the value of his share and its percentage (fractional equivalent) in the authorized capital and click the “Define authorized capital” button.
Based on these data, the calculator will calculate the amount of your authorized capital and display it in the “Authorized Capital” field, and also determine the balance in monetary and percentage equivalents.
You can determine the size of the capital company by knowing any data from several participants (for example, the percentage of one participant and the nominal value of the share of another).
Excel works
First, a little theory. A percentage is, first of all, a fraction, or rather a hundredth part, denoted by the sign “%” and is used to indicate the share of something in relation to the whole.
If we go really deep into the school course, then the decimal fraction 0.07 is equal to 7%.
In our culture, it is convenient and customary to compare values as percentages, for example, the concept “agree 100%” means complete approval.
The main ways to calculate percentages are manually, on a calculator or in a program
- Open the program;
- In any cell, enter the number from which you want to find the percentage;
- Place the “=” sign in the cell in which the result will be displayed;
- Select the cell with the specified number, enter the “*” sign, enter percentages, put the “%” sign and press the “Enter” button;
- The second cell will display the result of the calculations.
How to calculate percentage in Excel
It is important to remember: When you manually enter a numeric value into a table cell followed by a % sign, Excel understands this as hundredths of the entered number. That is, if you enter 11% from the keyboard, then the cell will actually store the value 0.11 - this is the value Excel will use when performing calculations
Collection of answers to your questions
Few people have wondered where this term came from. But the word “percentage” comes from the Roman Empire. The word "pro centum"
can tell you little about it. But its literal designation means “from a hundred” or “for a hundred.”
The very idea of expressing parts of a whole in many equal shares was born a long time ago in ancient Babylon. Back then, people used sexagesimal fractions in their calculations.
People who lived in Babylon left us “as a souvenir” registers, from which they calculated interest to calculate the amount of debt that the borrower had “accumulated” in interest.
Calculation formula in fractions
To calculate the share, we use the following data for a two-room apartment:
- total area - 100 sq. m.;
- The living area of the rooms, each of which belongs to different owners, is 30 and 40 sq. m. m.;
- area of common areas - 30 sq. m.
For rooms, the share percentage will be: 30/100 and 40/100 shares. Since the area of common areas must be divided on equal terms between each owner, 15/100 must be added to the indicated values.
Thus, the final share for each shareholder will be:
30/100+15/100=45/100
40/100+15/100=55/100.
It is in this ratio that the right of common shared ownership will be registered when concluding an agreement between the parties.
Division of apartment by shares
The division in this case involves the allocation of an isolated room for one or several owners with the right to a common living area, for example, in a multi-room apartment, one of the residents is allocated a room. But there is also common joint property: bathroom, kitchen, hallway.
You can divide the apartment by agreement between all owners, for example, assign a certain room to each, while the other area will remain in common ownership.
In this case, you should write an application to the registration authorities, indicate your consent to certain shares, and then a certificate will be issued confirming ownership of a certain room in the apartment.
But if an agreement has not been reached, and there is a desire to own a certain premises, but not a share in the right of common ownership, then this can only be resolved in court.
The court will consider all the circumstances of the case, and if it is possible to allocate a separate premises, it is likely that it will make a decision on this.
It is impossible to divide a one-room apartment into separate rooms, and that is why it can only be divided according to shares in the right of common ownership, since it is impossible to allocate a room in it that will have a separate entrance.
If a separate room is allocated with a smaller area than other rooms, then the owner whose room has a larger area makes monetary compensation.
Expert opinionRoman EfremovExperience 5 years. Specialization: all areas of jurisprudence.
Section on shares of communal apartment
Such an apartment is not inhabited by relatives at all, but by people who are strangers to each other, and the allocation of shares is based on the available space. Each share is registered and has its own certificate of ownership for a specific citizen or citizens, if a family lives in it.
Expert opinionRoman EfremovExperience 5 years. Specialization: all areas of jurisprudence.
Initially, a communal apartment involves a piece of real estate divided between several owners. In this case, ownership rights arise not only for separate residential rooms, but also for utility rooms used together. The allocated share will be calculated taking into account part of the total area.
Let's take this situation as an example. A communal apartment consists of 3 residential premises of 10 square meters each, and 30 square meters of common premises. Consequently, each owner has an additional 10 square meters of area classified as joint ownership and use. The share of each owner (assuming there are three of them) will be 10 + 10 = 20 square meters. meters.
If maternity capital was used
The allocation of maternity capital funds and other forms of state social subsidies involves the mandatory allocation of a share in real estate to minor children. This is explained by the fact that state support is aimed primarily at improving the child’s living conditions, therefore his rights are necessarily taken into account.
The purchase of a share in an apartment provides for the allocation of certain percentages in favor of the second parent and children. You need to calculate the size of the shares in advance, or within 6 months after registering the purchase and sale agreement.
At the same time, spouses are allowed to independently form the distribution of shared ownership in the apartment they own. For example, they can retain ownership of 2/3 of the apartment, and transfer 1/3 to the child. However, if maternity capital is used to purchase a small share in a communal apartment or hostel, this approach is difficult to follow.
Since real estate purchased with public money partially belongs to a minor, subsequent transactions with housing are carried out exclusively with an eye on the guardianship and trusteeship authorities.
It is the authorized persons who will decide how best to divide the shares so that the rights and material interests of the child are not infringed.
How is an apartment divided into shares?
You can divide an apartment into shares for any form of ownership. Joint ownership allows you to allocate part of the housing for each of the co-owners, and the presence of shared ownership allows you to redistribute existing shares or allocate new ones.
Division or separation of individual units from common law is permitted in the following ways:
- by mutual agreement of each owner of the object;
- as a result of judicial proceedings.
The legislation establishes a fundamental difference between the concepts of division and allocation of shares. In the first option, the common rights are divided into two or more independent legal units, while as a result of the division, the common ownership of the object remains in force along with the emergence of a new independent unit.
In order to allocate the share of each family member in the common right to a property, it is necessary to take into account the rule according to which all participants in joint property have equal rights.
Consequently, unless otherwise provided by agreement of the parties, the common law will be divided by the number of its holders.
How can you dispose of your share?
According to Article 244 of the Civil Code, your part of the apartment can be:
- sell or donate;
- bequeath;
- lay down
However, since this is still a share, and not the entire apartment, it will not be possible to sell it without demand. Article 250 of the Civil Code established the advantage of co-participants in purchasing a share upon its sale. For example, if you are going to sell your share, you must first offer to buy it from you to the other co-owners of the apartment at the announced price . Moreover, the proposal must be written, for example, in a registered letter with notification .
Please note: You can give, bequeath or pledge your share without asking .
If you are faced with the question of whether to sell or donate a share , you need to consider several nuances:
- if you own the share for less than 3 years, you will need to pay 13% tax on the sale;
- when making a gift, the donee will pay the tax (close relatives - children, parents, husband/wife - do not pay tax);
- a gifted share will not be divided between spouses during a divorce , unlike a sold one (this means the case when the owner of the share alienates it in favor of his child, who is already married).
But before disposing of a share that is not defined (joint property), it must first be determined .
