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

According to the current civil legislation, property owned by two or more persons is shared ownership. Once ownership is officially registered, each homeowner becomes the legal owner of a certain part of the apartment. True, he will be able to dispose of it only with the consent of the other property owners. In addition, according to Article 250 of the Civil Code of the Russian Federation, owners of shared ownership have a pre-emptive right to purchase neighboring shares. That is why, if you decide to sell your part of the home, it is imperative to send a corresponding notice to all owners of the remaining shares, even those who do not actually live in the house. How can I find out the names of all shared homeowners and the size of their property? Let's figure it out.

How to find out if there is a share in an apartment on the Internet, free or paid?

To dispose of your part in the property, you need to find out your share in the apartment and obtain a document confirming the owner’s right. As follows from the provisions of the current legislation, property owned by 2 or more owners is considered shared and requires the approval of any real estate transactions. To ensure that the approval process was quick and successful, you should know who else owns the apartment, because the owners do not always live at the location of part of the living space. All this information can be clarified from the Unified State Register database, using official requests or online services.

How is the share determined?
Free ways to find out the share in an apartment
At the passport office
Through State Services online
Paid ways to determine the share
Through Rosreestr
Online request via the Rosreestr website
Specialized online services
Costs for obtaining a certificate
What does the USRN extract contain?
Legal difficulties in determining the share in an apartment
Frequently asked questions and answers from a lawyer about the size of shares

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.

Why know the owners' shares?

Users often ask how to find out the shares of apartment owners ? This information is important at the time of action with real estate. Otherwise, buyers may encounter the following difficulties:

The owner is a minor. To sell his share, it is necessary to obtain permission from the guardianship authorities. Consent is given only if the minor receives similar or improved housing. Lack of agreement leads to cancellation of the transaction.
The owner is incompetent. His legal representative must be present at the transaction. Otherwise, the deal is disputed.
The owner is serving his sentence in prison. A citizen who is in prison is discharged from the apartment, but does not cease to be its owner. After returning, he can challenge the deal.

What you need to know about shares

The property is divided between the owners in equal shares. Information on the object as a whole is entered into the register, but with an indication of the share of each owner. An extract from the Unified State Register is issued for the entire apartment or its share. It is quite possible to sell only part of the property to a third party, but actually doing this is quite difficult. For example, how to sell ¼ of a two-room apartment? The co-owners of the property are unlikely to take this step.

Extract from the Unified State Register of Real Estate

If you are wondering how to find out the shares of apartment owners , then the answer is quite simple. It is necessary to order an extract from the Unified State Register of Real Estate. The register contains all information about real estate in the Russian Federation. Any citizen of the Russian Federation can submit a request. You can order a document from Rosreestr, through the MFC, on the Rosreestr website or online. The last method is the most accessible and simple. The applicant receives the document electronically and it will only take a few hours. All information about shares is completely true. The electronic extract from the Unified State Register itself has the same legal force as the paper version.

The extract from the Unified State Register provides the following information:

Location of the object, its area and cadastral number;
Type of ownership;
Information about all owners;
Presence of restrictions and encumbrances.

Thanks to an extract from the Unified State Register of Real Estate, you can confirm the size of your share or obtain information about the object. You can order a document on our website using a special form. You are required to provide minimum information about the property and submit your request.

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.

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

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.

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

Choose a method depending on your preferences: whichever is more convenient for you - a personal visit or online via the Internet.

Method No. 1 – Rosreestr or MFC

This option is suitable in most cases. If there is no Rosreestr branch in your city or it is far from home, contact the MFC - an intermediary organization.

Algorithm of actions

The general procedure consists of the following steps:

Find a suitable organization - FKP "Rosreestr" or State Budgetary Institution "My Documents" (MFC).
Find out the details and pay the state fee.
Prepare documents:

Russian passport;
payment receipt.

Select the desired service at the branch terminal, take a receipt with a serial number.
Wait your turn.
Go to the free recorder window.
Give the documents, fill out the application - you need to provide information about the requested object.
Pick up your passport and a coupon with the date of your next visit.
Go to Rosreestr or MFC for a completed certificate.

Read more about help in the next section of the article.

What does the extract from the Unified State Register contain?

Information about real estate and ownership is entered into the state register (archive). The issued extract from the Unified State Register contains current information as of the date of application. Anyone can apply for a certificate, not necessarily the owner.

The main points of the extract from Rosreestr:

Full name of the citizen who ordered the certificate;
No. of the finished document;
date of issue to the applicant;
location of the property (apartment);
address, cadastral data;
size of the apartment, information about shares, their proportions (see “How to calculate shares in a right using an online calculator“);
type of property right;
information about the shared owners of the apartment - the item that interests us;
information about arrest, bail, etc.

Find out if you are one of the owners and what share you own.

Deadlines

The production time for the USRN extract is 3 working days .

A request through the State Budgetary Institution “My Documents” takes a little longer - from 5 working days .

Holidays and weekends are not taken into account.

What is the price?

Ordering an extract from the Unified State Register is considered a paid service:

paper version – 750 rubles ;
electronic sample – 300 rubles .

A regular extract from the Unified State Register will cost 400 rubles, and an electronic one – 250 rubles.

Method No. 2 – Government services

Applications through the State Services portal are becoming increasingly popular. All that is needed from the applicant is access to the Personal Account and access to the Internet + digital signature or enhanced electronic signature.

Step-by-step instruction

Before using the service, you need to create a Personal Account. From there you can order government services, including an extract from Rosreestr.

Instructions for the State Services portal:

Log in to your Personal Account (login/password).
Open the menu “ -“ Rosreestr”.

Check the service you need - we are interested in “ Providing information from the Unified State Register of Real Estate ”.

Click on the menu item marked below.

Go to the website of FKP "Rosreestr" and continue registering the request.

Service cost

Registration of an extract through State Services does not differ in terms of prices. The cost is still the same - 300 rubles for the electronic version, 750 rubles for a paper certificate .

You can make a payment for the service directly on the State Services website. The main advantage is a 30% discount on payment. Together with ordering an electronic sample, this will save money.

Method No. 3 – Rosreestr website

Related to the previous method. There is no need to go to the branch - the actions take place on the official website of the FKP Rosreestr.

Why do we need data on the transfer of rights?

A request for data will help you obtain information about all property owners, find out how many times the apartment was sold, what manipulations were carried out with the residential property.

It is not always possible to detect errors during a transaction; they may become obvious after the sale and purchase agreement is signed and funds are transferred. After cancellation of the transaction, it is difficult to return the payment for the property. Requesting information about the transfer of ownership of an apartment will help avoid illegal transactions with real estate.

How to find out what share of ownership is in an apartment

If you are buying an apartment on the secondary market and not from a developer, you should exercise double caution. Secondary housing may have several owners with their own shares. If one owner wants to sell his part, the others must agree. You can find out information about the owners' shares in the extract from the Unified State Register of Real Estate. We'll tell you how to do this.

What is a share of ownership in an apartment or residential building?

On the secondary real estate market it is easy to find an apartment or house that is in shared ownership. According to various sources, from 50 to 80% of real estate is divided into shares. This happens when spouses divide housing into shares according to a marriage contract, relatives inherit an apartment, several people buy housing at once, etc. In the certificate of ownership they are designated as ½ or ⅓.

In accordance with the Civil Code of the Russian Federation, shared ownership is interpreted as property simultaneously owned by several persons under the right of common ownership. Shares can be equal or unequal, and each owner can dispose of property only within the limits of his share.

Realtors consider transactions with such property to be the most difficult, because the owner of the share has the right to dispose of his property only subject to the rights and interests of the co-owners:

if the share is planned to be sold, then the consent of all co-owners must be obtained;
the co-owner of the property has the first right of redemption, other people can claim a share only after everyone refuses or after a month has passed from the date they were notified of the sale;
The share can only be sold on the same terms as those offered to other shareholders, otherwise they may sue and challenge the deal. The exception is an increase in price for another buyer.

In what cases do you need to find out about your share?

Interest is shown at the moment of making a transaction with a share in the apartment. The information may be of interest not only to the owner, but also to third parties. First of all, to the buyer, tenant, donee, creditor and other equity holders in the house. Especially if you need to determine the rights and obligations of the co-owners of the apartment.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

The need to find out about the share arises in the following cases:

Purchases of an apartment or share - minors, incompetents, convicts, military personnel, etc.
Rent/hire of part of the housing - the share is allocated in the form of a room, otherwise the transaction is impossible.
Registration (registration) forms.
Giving a share to a relative.
Wills - it is important to separate the inherited part from the remaining shares in the ownership of the apartment.
Mortgage/loan – a prerequisite is the physical allocation of a share (room).

*/ – a mortgage loan is issued to buy out the “last” share in the apartment, therefore it is in the owner’s interests to provide the bank with all the information.

Calculation of utility bills, taxes, amounts for major repairs.
Updates – Some people own shares but don't remember it until years later.

So, you want to know about your rights to an apartment. Let's figure out where to go and what a document with the necessary information looks like.