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 can we help?
Let us note that in order to determine shares or determine the procedure for using residential premises, residents will have to go to court, even if they were able to agree among themselves, since only the court can determine shares.
Therefore, residents are faced with a number of problems that are much easier and cheaper to entrust to professionals who will resolve such disputes quite quickly. This is better than reading a lot of regulations, being nervous and going to the courts like work for several months, or even years. Therefore, our specialists offer the following services: legal consultation, the task of which is to understand the essence of the problem and orient the client to the requirements of regulations; providing assistance in choosing a further option (the final decision still remains with the client - our specialists do not impose it, but only pay attention to the advantages and disadvantages of each option); assistance in determining the required list of documents and collecting missing ones; assistance in negotiations with neighbors, since it is wiser to find a compromise and have a ready-made solution to the issue that suits everyone; assistance in preparing a statement of claim, collecting evidence, searching for witnesses; representing the client’s interests in court, in which our specialists will make every effort to achieve the most favorable resolution of the issue in favor of the client; assistance in reaching a settlement agreement, which is again better than an inconvenient court decision and subsequent troubles with neighbors; defending the client’s interests in higher courts, during examinations and other events; monitoring the execution of a court decision; provision of other legal assistance that may be necessary only in a certain situation.
And in order for our client to better understand the situation with determining shares, overview information on this issue will be very useful to him.
How to calculate the share in an apartment in fractions
The inheritance calculator allows you to calculate your share of the inheritance. To calculate, you need to fill in three parameters. As a rule, certain pieces of property are inherited: an apartment, a summer house, a car, etc. In most cases, the testator's share is not 100% because the property is joint. For example, the father owned a dacha together with his mother in equal shares, respectively, his share in the ownership of the dacha is 50% or ½ part. By the way, shares in property are most often expressed in simple fractions: 2/3, ¼, etc. Share size Indicate the size of the testator's share in the property.
If the share is 100%, then indicate 1/1 / Number of heirs Indicate the number of heirs, including you. All heirs can be identified using the diagram.
Share in inheriting property by law
If the testator did not leave a will for some reason, all his material and non-material benefits are inherited by law (on a general basis). In this case, all relatives can claim the property, but the law provides for special inheritance lines.
There is a total of . Each subsequent order receives the right to property only if someone or all of the previous order has renounced their part or is no longer alive.
All property is also divided in equal shares, that is, if there are 4 heirs, each of them will receive ¼ of the share. An exception is those who inherit by right of representation (grandchildren, etc.). They receive an equal share of the share that should have gone to their relative.
For example, the testator’s daughter dies and does not have time to accept the inheritance. She has two adult daughters, who now have the right to their mother's inheritance, left to them by their grandfather (testator). Since there are only two of them, they each receive half of the property due to the mother.
How to calculate shares in an apartment calculator
If the court ruling refers to monetary compensation, then after its payment, the party who received the money immediately loses its ownership rights to the property. In cases where an individual is entitled to only a small part in the house, the court will not divide the real estate. The decision will only talk about monetary compensation and nothing more.
It is extremely important to determine the correct value of the property, especially if the co-owners decide to sell the property and split the money. If the price is too high, the demand for real estate drops sharply, and you have to wait quite a long time for a potential buyer
On the other hand, a low price leads to loss of profit, which is also not good.
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.
What are the advantages of solving fractions this way?
The calculator supports working with parentheses , which allows you to solve fractions even in complex mathematical examples. In particular, operations with parentheses are often required when calculating algebraic fractions or negative fractions, which all middle school students constantly have to pore over. Additionally, you can use this calculator to reduce fractions or solve fractions with different denominators. Moreover, unlike many other free services, this calculator can work with two, three, four and generally any number of fractions and numbers.
The fraction calculator is completely free and does not require registration. You can use it any time of the day or night. You can work with the mouse or directly from the keyboard (this applies to both numbers and actions). We have tried to implement the most convenient interface for fractional calculations, thanks to which complex mathematical calculations will turn into a pleasure for you!
