Agreement on the distribution of shares in an apartment and common joint property: sample 2021

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Sometimes a situation arises for owners in which it is necessary to draw up an agreement on determining shares in property. To ensure that it does not contradict the law, one must refer to the RF IC, the RF Civil Code, as well as a number of federal laws (for example, Federal Law No. 256 “On Maternity Capital”) and by-laws. All interested parties need to monitor legal developments on this issue. Thus, in the current year 2021, the procedure for registering agreements regarding real estate acquired using maternity capital has changed.

What is a share distribution agreement?

The procedure for allocating shares in common joint property has become widespread over the past decade. This is due, first of all, to campaigns to provide maternity capital and privatization. The process of allocating shares in 2021 in most cases is related to real estate, but by law it can be carried out in relation to any property.

It is necessary to distinguish between joint and shared ownership. In the first case, the parties own the property jointly under the same conditions with equal rights and obligations (standard example: a spouses’ apartment, which is joint property). The right of shared ownership presupposes individual ownership of a specific part of the common property.

The reasons for drawing up an agreement to determine the share in 2021 may be different:

The parties to the agreement are strangers who have become the owners of one apartment. Further division by court is impossible unless everyone legally fixes their share;
when purchasing real estate, maternity capital was used, which automatically imposes an obligation on parents to allocate shares in the apartment to their children;
spouses prefer in advance to differentiate ownership rights to property not according to the principle of equality of shares defined by the Family Code;
legal necessity to allocate shares in the apartment for children.

The size of shares can be determined at the discretion of the parties. The main thing is that when drawing up an agreement, all participants agree with it. Otherwise, it becomes necessary to go to court.

Rules for the distribution of shares in the common property of spouses during a divorce.

This document does not record the actual division of property, it only determines the share of the right for each owner. If the property was in common ownership, then from the moment the agreement is signed and certified, it becomes shared property.

On our website you can see and are in common ownership.

Legal regime of marital property

The RF IC determines that property acquired by spouses in a legal marriage with funds from the common family budget is joint property (Article 33). If they wish to establish a different form of ownership, then before or after the wedding they have the right to draw up a marriage contract (Article 42).

If one of the spouses has such a desire, then the division of property in common ownership can be carried out both during the marriage and after its dissolution. A third interested party may also request the procedure.

For example, creditors who need to collect debt from a husband or wife.

Spouses have the right to divide joint property through a settlement agreement. The division may be carried out in kind or in shares (Article 38 of the RF IC).

If we are talking about real estate, then the spouses own it as joint property or draw up an agreement to determine the share. If controversial issues arise in the division of property, the husband or wife have the right to file a claim in court. When dividing common property in 2021, the shares of the spouses will be recognized as equal, unless other conditions are fixed in the marriage contract. When a real division of property is made, each spouse receives real estate according to the previously awarded shares.

Shares for an apartment or residential building

The terms of the agreement on the allocation of shares may establish any size thereof. It should be taken into account that after the procedure, each transaction with this real estate will require notarization. Regardless of the size of the allocated share, each owner is an equal participant.

Determination of shares based on maternity capital

Federal Law No. 256 establishes that if real estate was acquired or reconstructed using maternity capital funds, then a share in the apartment must be allocated to each family member. This means that if maternity capital was accrued after the birth of the second child, then both children and each parent should receive equal shares (provided that the spouses are married).

Should maternal capital be shared by the father?

Not really

From April 2021, the procedure for allocating shares for minor children in property has been simplified. Now, if the apartment was initially registered as joint property, when drawing up an agreement, you do not need to have it certified by a notary. But if the property is in shared ownership, contacting a notary office is necessary.

Determination of shares in a mortgaged apartment

An agreement to determine shares in a mortgage apartment in 2021 cannot be valid until the loan debt is fully repaid. It’s just that the bank that holds the property as collateral will not give permission to carry out the transaction, because this will require changes to a large number of documents.

Determination of shares between spouses and children

If there is a need to determine shares in property between relatives, then, at the request of the parties, the agreement is drawn up in simple written form. When a transaction affects the interests of minor children, it is required to initially obtain the consent of the guardianship authorities. Parents or guardians are required to represent the interests of the child. They also sign the text.

Possible difficulties

In reality, when separating, the following problems often arise:

the apartment is still encumbered ( mortgage loan);
lack of ownership of housing (the apartment is not privatized, there are no documents confirming ownership);
the apartment is officially recognized as non-residential , not put into operation (construction, major repairs), recognized as dilapidated housing.

Find out how to choose a comfortable apartment to buy and what you should pay attention to in our article.

How to draw up an agreement on determining shares in an apartment

To prepare the agreement for signing, interested parties will need the following documents:

Civil passports of all future owners who have reached the age of 14 and birth certificates for persons under 14 years of age.
Documents on the right to property, in which shares are determined (extract from the Unified State Register, certificate of registration, etc.).
Certificate of marriage (or its termination).

According to Rosreestr Letter No. 14 (dated March 10, 2016), the agreement is subject to mandatory notarization after it is drawn up. After signing, it is necessary to carry out state registration of the right to the received share in the Unified State Register of Real Estate.

Sample agreement on distribution of shares

The agreement on determining shares can be drawn up in a simple free form. All owners must put their signatures on it. If these are minor children, then their parents or guardians sign for them. There are no special requirements for the form of the agreement, but it is desirable that it contain the following information:

basic information about the owners (full name, passport details or birth certificates);
information about title documents for the property in which shares are allocated;
an indication of the address at which the property in which the shares are allocated is located;
main characteristics of divisible property;
a clear delineation of shares: which of the owners owns and how much.

This agreement may contain a number of additional terms and conditions.
For example, the conditions for using the property in which shares are allocated, the possibility of making changes to the agreement, etc. To determine shares in an apartment in 2021, interested parties should resort to drawing up an agreement. If a peaceful resolution of the issue is not possible, then litigation will be the solution.

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