Shared ownership of a house: the essence of the regime and the procedure for registration

The desire to register property as common shared ownership (CHP) most often arises in relation to residential real estate. Several people can privatize or buy housing, receive it as a gift or by inheritance. You can legally own a share in it and dispose of it only after registering your right in the Unified State Register (USRN).

To do this, you will need to provide documents confirming your right to a share and check the availability of real estate in the cadastre. But you always need to start by obtaining the consent of all potential owners. If someone is against dividing the common property into shares, only the court can help. There are a lot of nuances in registering real estate, which can sometimes only be taken into account with the help of lawyers.

Features of the shared ownership regime

Shared ownership implies ownership and disposal of a certain part in the common property with certain restrictions. If a citizen wants to sell, donate or bequeath his share, it is necessary to take into account the interests of other owners ().

In addition to the fact that the owners dispose of the property with the consent of the other participants, they also bear expenses in proportion to their shares.

Knowing what common shared property is, it is easier to understand the rules of joint ownership. Specific parts belonging to co-owners are not allocated in such a situation. For example, by default it is considered that an apartment purchased by spouses is divided in half between husband and wife. The same can be said about owning a house or a joint farm ().

We invite you to find out in more detail what is the difference between shared ownership and joint ownership.

Who has the right to give and who is prohibited

To donate a share of ownership in an apartment, you need to meet several requirements:

• Own housing and a share, the right to it must be registered with Rosreestr;
• Be of legal age;
• Be competent and mentally healthy.

Many people mistakenly believe that making such a generous gift is as difficult as selling part of the home, because other owners may object. However, in this regard, donating a share in an apartment and selling it are two different things.

To donate a share, the consent of others is not required, because it is a gratuitous transaction. That is, the donor does not receive money for it.

Sales fall into the category of compensated transactions, therefore, the disposal of shared property is permitted only with the consent of all its owners. For example, a husband will not be able to sell a share in an apartment, bypassing his wife. Moreover, this applies not only to the sale of a share in an apartment, but also to the redevelopment of housing.

Shared ownership of residential premises and territory

Common ownership of a house and land occurs very often in practice. The owners exercise their rights in accordance with the intended purpose of the property and to the extent permitted by law. However, if one of the owners of the building contributed to making the house better, equipped it with new equipment, completed the premises, made repairs, he has the right to claim an increase in his part in real estate.

Since a private house is located on a plot of land, this territory is also in the shared ownership of citizens. You cannot sell an exclusively residential property. A transaction should also be drawn up for a land plot under a private house in shared ownership. These components are inseparable from each other.

Learn more about what features common shared ownership of a land plot has.

Determination of shares in common property

Determining contributions to property is important when dividing real estate. The basic rules governing this process are contained in:

• the parts belonging to co-owners are determined by their consent or in accordance with the law;
• the method of determining shares is fixed in the agreement between the participants;
• the size of the shares may vary;
• if a private house in shared ownership was improved with the money of one of the co-owners, he has the right to demand an increase in his share in the property.

Find out how shares in the right of common shared ownership are determined.

Procedure for operating an object owned by several persons

There are two ways to determine the operation of real estate:

1. Reaching agreement between all participants. Citizens discuss and establish mutual rights and obligations for residential premises and land, and other property that belongs to common property.
2. A court determination of how joint ownership of the house will take place. To do this, the participant submits a statement of claim, which sets out the essence of the requirements.

When considering the issue, the court pays attention to the following factors:

• size of share and number of owners;
• presence/absence of family ties between participants;
• registration of relatives;
• layout of the facility, technical feasibility of allocating isolated rooms;
• number of inputs, outputs;
• established order of using the house.

Find out more about what the procedure for using residential premises in shared ownership includes.

Registration of premises in common shared ownership

Registration of a house as shared ownership is a complex legal process. The procedure can be divided into several stages:

1. Determining the size of the property. To do this, you should use the services of appraisers. You will have to pay for this, but the owners of the premises will know the exact area of ​​the plot and the square footage of the building. Information is displayed in the sales contract, certificate of inheritance, or court decision.
2. Obtaining a technical passport and floor plan from the BTI.
3. Registration of a house with a plot in the cadastre authorities and Rosreestr. As a result, an extract from the Unified State Register will be issued. The document allows you to register ownership. If the building is located on the territory of summer cottages, it is not necessary to enter it into the cadastre.
4. Paying the state fee and receiving a receipt. The amount of the fee is fixed in the Tax Code of the Russian Federation.

Each home owner will receive a document confirming the ownership of a share in the property.

Often, property owners are interested in how to register a built house as shared ownership individually, and whether this is even possible. A similar option is provided for in the legislation, but such a citizen must provide written consent of all interested parties

Preparation of documents

Any legal actions with real estate are accompanied by the collection of a package of documents. Its composition depends on the specific situation. As a general rule, in order to register a house as a property, if the land is in shared ownership, you need to submit to the Rosreestr body:

1. Citizen's identity card.
2. The original and a copy of the power of attorney, certified by a notary, if a representative is acting on behalf of the owner.
3. Cadastral passport for housing.
4. Permission to put the building into operation.
5. Documents of title to property: purchase and sale agreement, will, and so on.
6. An application drawn up in the prescribed form and signed by the citizen.
7. Receipt for payment of state duty.

The application along with a package of documents can also be submitted through the Multifunctional Center.

Registration of land plot under the house

To legally use residential premises, you must become the owner or permanent user of the territory on which it is located. In accordance with this, it is possible to privatize the land under the house. In addition, the owners can buy the plot or arrange a lease for it ().

In this case, title documents must be drawn up for the land. Without them, operation of the site entails administrative liability ().

It is extremely rare that owners have to decide what to do if the land is not shared ownership. Such a right is exclusive unless otherwise provided by law. In other words, the house always goes together with the land as an inextricable whole.

In what cases is notarization necessary?

Buyers of SDS cannot do without a notary if they are spouses, because according to the law, all their property is joint. If they want to register ownership by shares, they need to stipulate this in the marriage contract, and it can only be concluded by a notary. As for the purchase and sale of shared real estate, the restrictions apply, for the most part, to sellers, that is, to its alienation.

Since July 31, 2021, a new version of the Law on State Registration of Real Estate has been applied, which abolished the mandatory notarization of a number of transactions. So, now it is possible to sell real estate located in the UDS without a notary, upon a simple written application. But under one condition - the alienation of property must be formalized in one transaction, i.e. everyone sells their shares at the same time.

Deeds of gift, wills and inheritances, as well as all transactions involving minors and incapacitated citizens, must be certified by a notary.

You do not need a notary if you are simply redistributing existing shares among the same owners. For example, there were 1/2 for two, and now you want to make 9/10 and 1/10. In many cases, it is also possible to draw up an agreement for the acquisition of shares in real estate without the presence of a notary - for example, if it is:

• privatization of family real estate;
• purchase of real estate from a sole owner;
• purchase from spouses who own the apartment jointly.

If you cannot do without notarization in your case, then this document is added to the general list of documents required for registration of the ODS. Now all that remains is to pay the state fee and attach the receipt to the package of documents.

How to transfer a building from shared ownership to personal ownership

If homeowners are not relatives, disagreements often begin between them. As a result, one of the co-owners may decide to separate their part.

Transfer from public to private ownership is not prohibited by law. There are several ways to turn shared ownership into private property. This applies not only to the allocation in kind of a part belonging to one person. All shareholders may want to allocate them, which will lead to the alienation of the house.

How ownership is transferred

The fastest way to transfer ownership is through donation. All co-owners must sign the deed of gift. The document is certified by a notary. With a deed of gift and a set of other documents, you should go to Rosreestr to register rights and obtain an extract from the Unified State Register of Real Estate.

If the property is transferred to a non-relative, the transaction is subject to personal income tax; in other cases, no government fees are charged.

It is also possible to transfer shared ownership into individual ownership through the court. The claim must indicate what area the person is claiming. The court will determine in its decision:

1. Footage allocated to each owner.
2. Object partition algorithm, if possible.
3. Mode of use of common areas.

With a court decision, you can contact the registration authority or the MFC to register ownership of the share.

If other owners do not object to legal changes, the agreement for the division of a private residential building will be drawn up quickly. After this, you need to visit the department of architecture and urban planning. In addition to the title documents for housing, you will need a project on the basis of which you can determine the shares allocated in kind.

After checking the provided papers, an employee of the architectural department will issue a permit, which will allow the construction of a permanent wall in the house and a separate entrance.

In order for the registration of a house on a site in shared ownership to go smoothly, you need to complete two more steps:

1. Demarcate a common plot of land.
2. Receive a technical and cadastral plan for each share from the BTI.

Having completed a cadastral extract, the owners turn to the Federal Cadastre Service for documents confirming their right to shares in the house. Based on this document, a citizen has the right to sell, donate, or lease his part of the property.

Fee for registration of transfer of rights

The state fee for the service of registering the transfer of ownership is provided for in the Tax Code of the Russian Federation. The fee must be paid when contacting the Rosreestr or MFC authority.

According to, the amount of the fee depends on the specific situation, but on average the cost of transferring a house from shared ownership is about 2,000 rubles.

Myths about shared ownership of residential premises

Let's start from afar and first consider what property rights actually are.

In my opinion, the emergence of some housing conflicts occurs due to confusion of concepts of property.

It is necessary to distinguish between property as an economic category and as a property right.

Property as an economic category characterizes relations in society between citizens regarding material goods, these are things, cars and apartments.

These certain economic relations are subject to legal registration - for example, registration of property rights.

In a general sense, property law is a set of legal norms that establish and regulate relations regarding the appropriation and ownership of material goods to a certain person or persons, the exercise by the owner of the powers of ownership, use and disposal of a thing by his own will and in his own interest, regardless of other persons.

In a narrow sense, the right of ownership is the legally enforceable ability of the owner to own, use and dispose of the thing belonging to him.

Article 209 of the Civil Code of the Russian Federation establishes that the owner has the rights of ownership, use and disposal of the property.

Those. There are three independent rights - possession, use and disposal. Which only together constitute the right of ownership.

Possession is the legally secured ability of the owner to possess a thing, have it physically, and dominate over it.

Here we should not confuse the right of ownership and actual possession of a thing. The owner of a thing can transfer it into the possession of another person, for example, rent it out. Such ownership will also be legal, since it is based on a certain legal basis - title. Possession of a thing not based on a specific title should be considered illegal.

Use is a legally secured opportunity to extract its useful properties from a thing. The owner of a thing exercises the right to use the thing, taking into account its specific consumer properties. The owner of a thing can use it for his own interests. So, the owner lives in the residential premises that belong to him. The owner can transfer the thing for use to other persons. So, in accordance with Art. 30 of the Housing Code, the owner of a residential premises has the right to transfer it for use to other persons on the basis of a rental agreement, free use or on other legal grounds.

An order is a legally enforceable opportunity to determine the legal fate of a thing. The owner can exercise the power to dispose of a thing belonging to him by performing both legal and actual actions. Legally significant actions (legal acts) include the execution by the owner of transactions aimed at alienating a thing, such as, for example, purchase and sale, donation.

The right to dispose of a thing may also belong to the non-owner. So, in accordance with Art. 76 of the Housing Code, the tenant of a residential premises under a social tenancy agreement, with the consent of the landlord and family members living together with him, has the right to transfer it for temporary use under a sublease agreement. But the non-owner is never given the right to dispose of the thing in full.

The current legislation, having granted the owner these powers, also establishes the limits of their exercise . The limits of property rights are the boundaries established by law for the exercise of property rights.

For example, in accordance with Art. 30 of the Housing Code, the limits of the exercise of ownership of residential premises include the need to use it only for its intended purpose, the inadmissibility of mismanagement of residential premises, the need to respect the rights and legitimate interests of neighbors, the rules for the use of residential premises, the rules for maintaining the common property of the owners of premises in an apartment building.

Violations by the owner of the established boundaries of the exercise of property rights entail negative consequences for him, including sometimes in the form of forced termination of property rights (Articles 240, 241, 293 of the Civil Code of the Russian Federation).

And this moment is the second reason why housing conflicts arise - most owners remember their rights - to reside, to use, to dispose of. But they forget about boundaries. Use rights extend until the rights of other owners begin.

With the inclusion of residential premises in civil circulation, relations of common ownership in relation to residential premises increasingly arise: the overwhelming amount of state and municipal housing is privatized into the common property of the citizens living in them; very often apartments are inherited not to one, but to several citizens; Cases of joint acquisition of housing by citizens are widespread. In addition, as will be shown below, in the absence of a marriage contract, spouses, as a rule, have the right of common joint ownership of the purchased home.

Just like other objects of civil legal relations, residential premises can be in common ownership of citizens with the determination of the share of each owner in the right of ownership (shared ownership) or without determination of such shares (joint ownership).

According to the Civil Code of the Russian Federation, common property is assumed to be shared.

Possession and use of residential premises in common shared ownership are carried out by agreement of all co-owners , and in the absence of such an agreement are established by the court. If the parties reach an agreement, separate use of the residential premises is possible, regardless of the size of their share in the common property.

The disposal of property in shared ownership is carried out by agreement of all its participants (clause 1 of Article 246 of the Civil Code of the Russian Federation).

With this we will finish the theoretical part and move on to the practical one.

Many people believe that our legislation is like wood - what is written is what should be.

But if we open the civil or housing code and look more closely, then almost every article looks something like this: “it should be like this, like this and like this... unless otherwise established by law or agreement of the parties.”

Questions regarding shared ownership are no exception.

As I have already said, all questions regarding the disposal of ownership rights in an apartment that has several owners must be resolved with the consent of all co-owners. Those. The law directly states that with shared ownership, citizens must agree and find solutions on all issues. This applies to registration in residential premises, residence, use, etc.

If we want to dispose of and sell or exchange our share, we must first offer the other owners the preemptive right to buy out the share.

Let's look at real situations so that this theory can be applied to practice. Example:

The apartment is in shared ownership - ½ each - father and adult son. The mother is registered and lives in the apartment. After the divorce, the father filed a lawsuit to evict the woman and remove her from the register. The court satisfied the claims.

Why?

After all, the law establishes that family members of the owner have equal rights with him, the owner.

It would seem that they ceased to be spouses, but the woman remained the mother of the second owner.

The court followed this logic - the woman was moved into the apartment and registered there on the basis that she was a member of the man’s family, his wife. After the divorce, she ceased to be a member of his family.

In court, the son expressed his consent to his mother’s residence and registration, but the court rejected these arguments.

Because the move-in by the owner of a residential premises with members of his family and other citizens is the exercise of the right to use and dispose of the residential premises belonging to him, which, by virtue of the above-mentioned rule of law, requires the consent of all co-owners of this residential premises.

Father is against it.

So what, you can be mean like that and evict a person?

No. The court found that the woman owns an apartment that is quite suitable for living.

Therefore, the court considered it possible to evict and deregister the citizen from the disputed apartment.

This decision was upheld on appeal.

An example of the common property of spouses, which is assumed to be shared:

The married couple purchased an apartment and registered it in the husband's name. After a while, their marriage was dissolved. But they did not divide the property, there was no need, the ex-wife remained to live in the apartment, the man left.

After a while, he remarried and registered his wife in this apartment.

The ex-wife filed a claim to recognize the new wife as not having acquired the right to use the apartment and to remove her from the registration register. The right to use an apartment is interconnected with registration at the place of residence, with registration. Since the law obliges citizens to register at their place of residence. Those. If you have the right to reside, register. You cannot deregister and retain the right of residence. This does not apply to nomadic cases - lived here, lived there. Registration is carried out at the place of primary residence of the citizen.

The court satisfied the claims. Despite the fact that the ownership right in the Unified State Register of Real Estate is registered only in the name of the man, since the apartment was acquired during marriage, it is the common property of the spouses and in this case the consent of the ex-wife is also required.

And another very interesting example:

The man and his second wife lived in a one-room apartment. After the man's death, his second wife and adult son took over the inheritance. They became shared owners of ½ share in this apartment.

Apparently, their relationship was not good, since the son filed a claim to move into the apartment and considered it possible for himself and his family to move in. The woman filed a counterclaim - that this family did not acquire the rights to use the apartment and that all of them were deregistered.

The court granted the counterclaim, since it was established that the son’s family had another living space, where they lived all the years. But the size and layout of a one-room apartment do not allow such a number of people to live.

The court regarded the move-in claim as an abuse of his right by the son and denied his claim.

That is, the picture develops in such a way that with shared ownership, any actions must be carried out by agreement with all owners.

An exception is minor children of the shared owner. Children can be moved in and registered in the apartment only at the request of the parent owner.

In other cases, consent will be required.

One of the frequent manipulations is that if you don’t let us live here in peace, then I will rent out my room to visitors from neighboring countries and they will arrange a sweet life for you here.

Will not work. You can move someone in for a fee or free of charge only with the consent of all owners. Even if it's a family member.

And it seems that there is only one way out in such a situation - to go to court. But, as practice shows, the decision will not always be in your favor. Sometimes, a judicial act turns out to be very unexpected and very unpleasant.

And there is a solution for this problem!

As I wrote above, the civil and housing codes directly establish that all issues must be resolved by agreement between all owners.

It is almost impossible for people at the epicenter of the conflict to reach agreement on their own.

Therefore, the law provided for the Mediation Procedure. These are negotiations structured in a certain way, led by an impartial person - a mediator.

The mediation procedure allows people to relieve the intensity of emotions, understand and realize their needs, interests and desires, which ultimately allows them to find the necessary solution.

If we look at the file of court cases, we will see that on average one case is considered for about six months.

Negotiations take an average of 2 weeks, and as a result, the parties receive a document equal in legal force to a judicial act.

Any housing conflict has a solution. The question is: who will make this decision? Are you on your own or will you shift the responsibility to others?

Features of selling a house

When selling residential premises, the consent of the co-owners is key. If the participants do not object to the transaction, the house and land are alienated as a single whole.

It should be clearly defined whether everything is sold together or not. If the house is sold as a single object, the amount of personal income tax is considered common and is calculated in equal parts between all participants in the process. If the premises are sold in separate shares, the tax is calculated for each of them.

When lawyers are asked the easiest way to sell a house in shared ownership, they recommend drawing up a single purchase and sale agreement. It must indicate:

• price of the object;
• who will receive what amount after the transaction;
• the procedure for settlement with each owner;
• deadlines for vacating the premises and other important circumstances.

You can draw up a draft agreement yourself, but the document must be checked and certified by a notary.

We must not forget that the sale of a house in shared ownership is inextricably linked with the alienation of the land on which the object is located. This increases the cost of the transaction.

From a separate article you can learn how to sell an apartment in shared ownership.

Sale of a share of residential premises

If one of the owners wants to sell his share in the property, he must remember the priority right of other owners to purchase a share (Article 250 of the Civil Code of the Russian Federation). Before selling part of the house to a third party, they should be the first to inform about their intention and announce the terms of the transaction. An exception is the sale of housing at public auction or the sale of a share located on a land plot, part of which the person also owns.

Ways to notify owners:

• registered letter by mail with a list of attachments;
• notification from the notary with the following information: object and sale price,
• terms and conditions of payment,
• term of transfer of property and so on.

Within a month, the co-owners must respond to the proposal. If they do not intend to buy the share being sold, the initiator of the transaction may look for other buyers.

Confirmation that the sale of his share was carried out legally and the seller did not neglect the obligation to notify the co-owners may be a copy of the telegram received at the post office or a certificate of sending/transfer of notice.

House division options

The home owner has the right to divide the common property. Division and allocation of a share in kind are different concepts. In the first option, the property is divided among all co-owners, in the second, a specific participant receives his part.

Citizens are often interested in how to divide a house that is in common shared ownership. The fastest way to do this is if you can reach an agreement with the other owners. To do this, an agreement is drawn up with a notary, and then the division takes place according to the algorithm mentioned above: obtaining permission from the architectural department, registration with the cadastral register.

If agreement is not reached, the issue is resolved through the court. When dividing the premises, the conclusion of the construction and technical examination is taken into account, because not in every case it is technically possible to reconstruct the house.

When the shares are unequal, monetary compensation may be awarded to the owner who owns the smallest part.

With a court decision, each owner applies to Rosreestr for title documents for the property. It should always be remembered that in addition to the premises there is land. The territory can also be divided only if there is a technical possibility for this.

Often, a residential building is divided into two apartments during a divorce. In fact, two new ones appear from one room. In this case, it should be possible to divide the land on which the building is located. If this is not possible, the court will most likely refuse to satisfy the claim and establish a procedure for using the property.

Learn more about how the allocation of a share in a private house is carried out.

List of persons who do not have the right to donate shares:

• Minor children;
• Citizens who are undergoing treatment, maintenance and education in hospitals, nursing homes, boarding schools, and orphanages. Their relatives will also not be able to give a share to anyone;
• Representatives of young children and incapacitated citizens;
• Owners of a share of an apartment pledged to credit institutions (the bank gives permission only in exceptional cases);
• Owners whose share is less than the minimum amount established by law. We are talking about the minimum living space per person. The norms are prescribed in regional regulations and vary from 8 to 15 square meters. m. In this case, you cannot either sell a share in the apartment or donate it as a gift;
• Commercial structures that decided to make a gift transaction among themselves. But a legal entity can make a similar gift to an individual and vice versa.

Termination of shared ownership

Due to certain circumstances, the right to a share in property may be terminated. As a rule, this occurs on the initiative of the owner of the part. There are different options for canceling the right of common shared ownership of a house, for example:

1. Termination of the right to own joint property. These are civil transactions on the basis of which a person renounces his part for money or free of charge: purchase and sale, donation, and so on.
2. Exit from shared ownership of a house. The owner formalizes his part in kind.

Also, the right of ownership may be terminated for natural reasons, for example, as a result of the demolition of a building.

How to pay the state fee?

Everyone who registers their ownership of real estate is required to pay the state duty. Only low-income people who are legally recognized as such are exempt from paying it. For minors under 14 years old, parents pay on their own behalf, and if children are between 14 and 18 years old, then payment is made on their behalf.

Currently, the state duty is 2,000 rubles for all buyers. Everyone must pay on their own behalf in proportion to their share in the property. For example, if your share is 1/4, then when multiplied the cost will be 2000*1/4=500 rubles.

When buying a house with land, there must be a separate receipt for each object. The size of the state duty for a plot depends on the category: 350 rubles for agricultural land, personal farming and individual housing construction, 2000 rubles - in populated areas.

Separately, duties are provided for the acquisition of property as a result of donation and inheritance. Heirs, for example, pay 2,000 rubles each. Receipts for payment of fees in the name of each participant must be included in the general package of documents.

You can pay the fee yourself (the details are on the Rosreestr website), but it is easier to do this when submitting an application to the MFC. The law allows you to wait up to 5 days for payment. You have the right to refuse to accept documents, but the registration itself will not begin until the fee is paid.