Separation of apartments. Apartment division Apartment division, video

The division of apartments is a fairly common phenomenon in modern Moscow and the Moscow region

In 95% of cases we are talking about neighboring apartments located “horizontally”. However, in our practice there have been cases of separation of two-level apartments (vertical separation of apartments).

The division of apartments is carried out according to two basic principles:

Dividing a previously single apartment into two (with the obligatory presence of two bathrooms).
Two apartments were previously connected (with approval for their unification) and the owner had a need to divide them again.

Example of previously merged apartments:

When considering the basic principles of dividing apartments, we will describe the advantages and disadvantages of each option.

Dividing a previously single apartment into two

It is immediately worth noting that A prerequisite for dividing an apartment is the presence of two bathrooms(actually two plumbing areas) with common building risers, each apartment has its own bathroom and a separate entrance to the kitchen.

Otherwise, separation is impossible. The main problem that customers face is installing a kitchen (in addition to the design one) in a newly created apartment. After all, initially there were living rooms in its place. You should first take into account a number of mandatory current standards and requirements for the installation of kitchens:

First, it is worth considering the most rational option, according to experts - installing a kitchen niche (an auxiliary room without a dining area, equipped with a stove with forced ventilation) in a non-residential area, usually a corridor or pantry.

In addition to the non-essential presence of natural insolation and light-transmitting partitions, the advantages of kitchens of this type include significant savings in apartment space.

If the issue of installing a full-fledged kitchen is of fundamental importance to the customer, we will proceed directly to the consideration of the current standards and requirements for the installation of kitchens.

Separation of apartments, video:

Kitchen installation is not possible in the following cases:

The presence of living quarters located on the floor below the proposed location of the kitchen.

However, the transfer is possible if: the kitchen is moved into the room without worsening anyone’s living conditions.

For example, the apartment is located on the first floor, or on the 2nd\3rd, but underneath there is a non-residential premises.

Gas stove.
When remodeling with the division of a one-room apartment, installing a kitchen in the only living room will simply deprive it of its residential status, which is also contrary to current standards.
Installing a kitchen under the bathrooms and bathtubs of apartments located above is again prohibited, in order to avoid deterioration of one’s own living conditions.

So, with kitchens the question is more or less clear.

Let's move on to the next important point: the current legislation clearly states the following condition - availability of a separate entrance to each apartment.

It can be installed either from the landing, by breaking through a separate entrance, or by fencing off vestibule, inside the existing apartment. In the second case, when disconnecting, we will accordingly lose a certain amount of area. Since it will remain outside the zone of both apartments and will go to common property.

Example of apartment division:

The plan after the redevelopment shows that as a result of the division of apartments, the vestibule area became common property. The entrance doors to the separated apartments are located in the vestibule; accordingly, its area cannot be taken into account in the total footage of any of the apartments.

It is worth considering that if we arrange a new entrance from the landing (the first case), then the Housing Inspectorate may classify this event as affecting common property. And, as a consequence, the need to obtain written consent from 2/3 of the residents of the house.

The above redevelopment for separating apartments refers to complex design solutions. Therefore, it obliges us to develop a complete package of design documentation. Including both a technical conclusion and a redevelopment project, as well as consent from, confirming the possibility of carrying out this redevelopment.

Let's consider the second option of dividing the apartments into two (previously combined)

The first thing you need to do is order a redevelopment project to divide the apartments. The division itself is often considered in the context of erecting an inter-apartment partition (if the wall has been completely dismantled) or sealing a previously made inter-apartment opening.

Also, do not forget about restoring the second entrance to the apartment, if it was previously blocked. The positive aspect of this type of redevelopment is that it is often possible to do without collecting signatures from residents if we are talking about horizontally neighboring apartments.

If a two-level apartment connected vertically (with a staircase) is disconnected, the consent of the residents will not be required. Since the work is carried out inside the apartments and does not affect the common area of the house, it will require a fuel filling complex from the author of the house project when sealing the opening in the ceiling.

When dividing an apartment into two, do not forget about dividing the previously unified water supply and electricity systems. The division of the electrical network in the two newly formed apartments is carried out by Mosenergo. To do this, the owner must obtain permission: A demarcation act “on connecting additional electricity capacity.” As a result: two electricity meters, one in each organized apartment, and two personal accounts.

The water supply system is divided according to the same scheme: two independent outlets are made from the risers to the meter. The owner will need to separate the account from Mosvodokanal.

You can familiarize yourself with the already completed project for separating adjacent apartments on the website in the “Our work” section.

Below is an example of the separation of a 4-room apartment in a 15-story brick building according to an individual project:

At division of a non-privatized apartment:

Any legal manipulations with a non-privatized apartment are possible only with the written consent of the landlord, however, if the apartment is owned by the city, it is almost impossible to obtain agreements from the Department of Housing Policy and the city administration.

Dividing an apartment into shares, dividing personal accounts

When dividing an apartment into shares, it matters whether the apartment is municipal or communal. If the apartment is municipal, the shares are distributed by the municipality. The allocation of a share occurs on the basis of an application from the employer. To simplify the payment of utility services, an application for division of personal accounts is submitted to the management company.

The division of a personal account, contrary to popular belief, does not determine the “master of the house”, but is a banal fiscal detail.

In practice, dividing apartments into two occurs much less often than combining two or more into one. However, there are situations when it is necessary to separate one large one into two, for example, when inheriting by several relatives or divorcing former spouses.

Is it possible to divide the apartment into two separate ones?

So, you have a large apartment, but you want to divide it into two separate ones. The reasons may be different:

spouses are getting divorced and want to divide one apartment into two, so that each of them gets a separate living space;
relatives inherited housing, but do not want to sell it in order to divide the proceeds; they also do not want to own an apartment together;
the child has grown up, got married, a separate living space is required, which they want to separate from a large family apartment;
We bought the property for business purposes, since two separate residential premises are much more expensive than one of the same area.

Both previously united apartments and those that were originally one living space are divided. But their separation occurs in different ways.

Apartments previously combined into one

There are usually no difficulties with dividing such a living space, but this does not mean that in order to divide it is enough to simply erect a partition between two apartments, you will have to make some efforts, namely:

Order or do a redevelopment project yourself. The project must take into account the construction of a partition between the apartments, the restoration of a closed or previously sealed entrance to the second apartment from the staircase. In most apartments, when they are combined, the extra bathroom and toilet are removed; during the reverse redevelopment, you will have to take care of their restoration; you also need to find a place for two kitchens or kitchen niches.
Take care of the separation of a single system of electricity and water supply, previously combined into one. To do this, it is necessary to obtain permits from water and electricity supply organizations.
Obtain permission for redevelopment from the local municipality. If the redevelopment project is made in accordance with all standards and all necessary documents are attached to it, then there will be no problems with permission.
Carry out the actual division of the living space.
Receive a Work Inspection Certificate.
Register ownership of each secondary apartment.

One big apartment

It is much more difficult to divide one large apartment, for example, a four-room apartment into two two-room apartments. According to the law, each of the secondary apartments must have bathrooms (bathroom or shower and toilet), it is necessary to equip a kitchen area, and also arrange a separate exit to the landing.

If, when dividing a previously combined apartment, the places for bathrooms and toilets can simply be returned to their original places, then in the second case, in the places where such premises are provided, there were previously living rooms, that is, it will be necessary to transfer part of the living space to non-residential space. This is quite difficult, and most often impossible.

The situation is the same with the equipment of two kitchens. One kitchen already exists, the second will have to be designed, and here there are certain rules, for example:

It is forbidden to equip a kitchen if there is a living room on the floor below it, as this worsens the living conditions of neighbors living on the lower floor.
If you plan to install a gas stove, then a kitchen niche in the living room of a one-room apartment is unacceptable, since the room where the gas stove is installed is a priori considered non-residential.
It is prohibited to equip a kitchen if the apartment on the floor above it has toilets or bathrooms due to the deterioration of living conditions in the apartment being rebuilt.

Only if all these conditions are met is it possible to divide one apartment into two separate ones.

There will also be a big problem when arranging a separate exit for the allocated secondary apartment. Since you will have to break through a load-bearing wall, if the door opens onto the landing, you will need to obtain the consent of all the owners of other apartments. Or, as an option, it will be possible to fence off the vestibule inside the primary apartment, which, naturally, will lead to the loss of living space, since the vestibule will become common property.

How to divide an apartment into two separate apartments

The division of a residential premises into several separate ones refers to redevelopment, therefore all actions are regulated by the Housing Code of the Russian Federation.

Redevelopment is any change in the configuration of a residential premises that requires a change in the technical passport. Redevelopment may include:

moving or dismantling partitions, door and window openings;
combining or dividing apartments;
arrangement of bathrooms, kitchens;
increase in residential premises due to utility rooms;
installation of partitions;
some other actions.

When dividing an apartment you will need:

Arrange a separate exit for the second living space. Since the perimeter walls of any apartment are permanent, in addition to planning the exit, it will be necessary to develop a project for strengthening the load-bearing wall, and this is the prerogative of a specialized organization engaged in the design of such work.
Make a redevelopment project in such a way that all the new bathrooms do not end up in the space above the kitchen or living room of the apartment located below. It is also necessary to meet the condition that the designed kitchen is not located above the living room of the neighbors below.
The designer must provide separate ventilation for the kitchen and bathroom, since combining the ventilation ducts of bathrooms and toilets with the same structures for kitchens is unacceptable.
For each of the secondary apartments, approval and installation of separate electricity meters and hot and cold water meters will be required.

All of the above actions require special skills and knowledge, so it will not be possible to independently make a project for remodeling and dividing an apartment into two. It will be necessary to seek help from specialized design organizations.

Apartment division algorithm

The entire process of dividing living space must take place in a certain order and according to a certain algorithm:

Design.
Coordination with local municipal organizations.
The process of actually dividing one apartment into two.
Checking the work performed and drawing up an Inspection Report.
Registration of secondary real estate.

Design

To develop a project for dividing an apartment, you must contact a specialized design organization and provide them with a technical passport of the residential premises or a floor plan and explication.

A specialist visits the apartment to inspect and measure all the premises, as well as clarify the measures for the proposed redevelopment. If the apartment owners have already tried to draw up a sketch of the redevelopment, an employee of the design organization will check the possibility of carrying out alterations according to the customer’s sketch.

After the preliminary examination, the specialist draws up a conclusion, which includes the following information:

Data about the property and design characteristics of the divided apartment.
If present, all identified defects.
Conclusions about the admissibility (or inadmissibility) of carrying out measures to divide the living space into two separate ones. In this part of the document, the specialist also indicates whether the planned division of the property violates (or does not violate) building codes and regulations, as well as the rights of neighbors.

If the specialist concludes that dividing the apartment is technically possible, then a redevelopment project is prepared; the preparation time for such a project is 2-7 calendar days. The finished redevelopment project contains:

General information about the residential premises.
What measures are proposed for redevelopment.
Plan of the primary living space before work begins.
Plan of secondary apartments after completion of subdivision.
A plan of all structures that are subject to dismantling.
Plan of structures proposed for installation.
Applications.

The project is certified by the signature of the head of the design organization and the seal.

If an employee of the design organization comes to the conclusion that dividing the living space into two separate ones is impossible, then we can put an end to this. No authority will allow redevelopment work without a positive conclusion from the design organization, but if you carry it out without permission, you will not be able to register secondary apartments, you will not be able to sell or donate them in the future.

Moreover, if in the future it becomes known that you have carried out unauthorized redevelopment of the apartment, then local authorities will file a claim to return the object to its previous form, and at the expense of the owner. And there will be no prospects for a positive court decision for you.

Coordination

Coordination of the planned redevelopment with local authorities is a mandatory procedure, otherwise all work carried out to divide the apartment will be considered illegal.

Stages

The entire approval process is divided into several stages, the order of each of them must be followed, and it is also necessary to fulfill each of the following points:

drawing up a project and obtaining a positive opinion from a specialized organization;
collection of documents necessary to obtain permission;
visiting the housing inspectorate and submitting there an application for permission to redevelop with the obligatory attachment of all required documents to the application;
after obtaining permission, work on dividing the apartment is carried out;
the commission checks the work performed and draws up an acceptance certificate for the division of residential premises;
commissioning of secondary residential premises.

Documentation

To obtain permission to divide an apartment, the following documents must be submitted to local authorities:

application for permission to actually divide the property;
title documents for residential premises;
redevelopment project;
conclusion of a specialized organization on the possibility of carrying out work on dividing the apartment;
photocopy of the applicant's passport;
registration certificate for the apartment;
consent to the redevelopment of all owners of residential premises;
if necessary, the consent of neighbors for reconstruction (required when arranging the exit from a newly created apartment to a common landing);
permission of gas services (if you plan to install or move gas equipment);
permission from electricians to install new metering devices;
if the apartment is located in a building that is an architectural, cultural or historical monument, then an additional conclusion from the monument protection authorities will be required on the possibility of carrying out redevelopment work.

Drawing up an application to obtain permission to carry out redevelopment has certain requirements; it must contain the following information:

personal data of the apartment owners;
form of ownership of the object;
a description of the circumstances under which the actual division of the apartment was required;
signature of all owners of residential premises.

date of receipt of the application and attached documents;
serial number according to the registration book;
number of the receipt issued by the official when accepting documents;
a note indicating that the application has been accepted;
position and signature of the responsible person.

Sample application for redevelopment of an apartment

Deadlines

If a division of an apartment that was previously combined from two into one is planned, a sketch of the redevelopment will often be sufficient; in this case, the approval period will be minimal: no later than one to two months from the date of submission of the application to the municipality. Redevelopment in accordance with the project is considered within four months. Coordination of work that involves manipulation of load-bearing walls and capital structures takes the longest; in this case, it can take up to six months until local authorities consider the application for division of the apartment.

After receiving permission for redevelopment, it will be necessary to record all changes in the BTI and obtain new title documents; this may take about two months.

Local authorities may refuse approval; this is possible in cases where:

the necessary documents have not been submitted or some of them are missing;
documents have been collected and submitted, but not to the proper authority;
The redevelopment project does not comply with the requirements of the current legislation of the Russian Federation.

If a citizen has received a refusal of approval, but is sure that the refusal is unlawful, he can appeal it in court.

Checking completed work

After all work on the division of the apartment has been completed, homeowners must notify the local municipality about this. A housing inspector checks the redevelopment's compliance with the received permit and the reconstruction project.

During the acceptance of the redevelopment, he checks:

to what extent the redevelopment carried out corresponds to the agreed project;
are all utilities accessible;
to what extent all building codes and regulations are complied with.

If the project indicated any actions affecting common property (arrangement of a new doorway in the main wall, a new exit to the landing, etc.), then, together with a municipal employee, a representative of the HOA or management company is included in the commission.

The inspection of residential premises must take place in the presence of the owners of the property.

After the inspection, an acceptance certificate for secondary apartments is drawn up, in which a representative of the housing inspectorate:

notes on the plan the location of structures and their compliance with the design;
determines their condition;
makes the necessary measurements;
notes the location and compliance with the design of utilities;
measures the strength and other technical characteristics of the building materials used.

The act is drawn up in three copies, one of which remains with the owners, the second is transferred to the BTI, and the third remains in the archives of the local government. The signatories of the act are:

owner of the premises;
the representative of the municipality who conducted the acceptance;
representative of the management company or homeowners association (if they were present at the acceptance).

Price

The cost of approval will depend on many factors:

location of the apartment;
area of premises;
building status;
volume of work carried out.

The approximate amounts that will have to be paid when carrying out redevelopment in Moscow are presented in the table.

Summarizing the above, we can conclude: the actual division of one apartment into two isolated ones is a rather complex and troublesome process, requiring not only enormous material, but also significant physical and moral costs. You can’t do this without the help of specialists. It will be necessary to involve both employees of design institutions and lawyers who will tell you what documents will be required in each specific case, what and in what sequence will need to be done so that the process of dividing the apartment proceeds as quickly as possible and, as less costly as possible.

Pavel, good afternoon! If we draw an analogy with land plots, the Ministry of Finance has formulated several explanations that in this case new real estate objects are formed and, accordingly, the tenure period is calculated from the date of registration of the right to new objects. Accordingly, in your case, when registering the right to two new apartments, the period will be calculated from the date of registration of these apartments. However, in this case, in acc. from Art. 220, you have the right to apply a tax deduction by reducing the amount of income from the sale of apartments by the amount of expenses for their acquisition. The difficulty lies in the absence of a methodology for calculating costs in this case in Tax Code. By analogy with the land plot, the Ministry of Finance in one of its clarifications indicated the possibility of using a calculation based on the ratio of the area of new plots and the cost of their acquisition. Those. bought for a million, divided into two equal plots, and the costs are also charged at 500 thousand. With apartments, of course, everything is more complicated, but in principle it is possible to take these costs into account.

Question: Since 2002, an individual has owned an eight-room apartment, formed by combining three apartments. In 2008, this apartment was divided by allocating a share into two apartments, for which a Certificate of state registration of ownership of each apartment was issued. Does an individual have the right to receive a property tax deduction for personal income tax in the event of the sale of one of the apartments, the ownership of which belongs to him for more than 3 years, but the Certificate of state registration of ownership was issued only in 2008?
Answer:
MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION
LETTER
dated October 24, 2008 N 03-04-05-01/398
The Department of Tax and Customs Tariff Policy reviewed the letter on the issue of obtaining a property tax deduction for the sale of one of the two apartments that was owned by the taxpayer for less than three years, and in accordance with Art. 34.2 of the Tax Code of the Russian Federation (hereinafter referred to as the Code) explains the following.
In accordance with paragraphs. 1 clause 1 art. 220 of the Code, when determining the size of the tax base, the taxpayer has the right to receive a property tax deduction, in particular, in amounts received by the taxpayer in the tax period from the sale of residential houses, apartments, rooms, including privatized residential premises, dachas, garden houses or land plots and shares in the specified property, which were owned by the taxpayer for less than three years, but not exceeding a total of 1,000,000 rubles.
No restrictions are established in this article of the Code regarding the number of real estate objects (shares in them), upon the sale of which a property tax deduction can be obtained.
Since a property tax deduction is provided for each specific real estate object (shares in it), the period of ownership of such an object by the taxpayer is counted from the date of its registration in the Unified State Register of Rights to Real Estate and Transactions with It.

If the apartment belongs entirely to one person, then he has the right to sell, donate the entire apartment or a share in it to any person at his own request.

If an apartment is owned by several persons in shares, then each share owner has the right to dispose of his share as he pleases.

However, if a share in a privatized apartment is to be sold, then prior notification of the other shared owner is necessary and an offer to buy out the share, since the other owner has a pre-emptive right to purchase. This rule does not apply to legal relations involving the gift of a share.

Right of shared ownership and size of shares

The right of shared ownership is regulated in Art. 244 of the Civil Code of the Russian Federation, and the conditions for the disposal of shared property are fixed in the Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ. Thus, the shares of individual owners are determined for a single piece of real estate. At the same time, transactions that can be carried out with a share owned by right of ownership must be notarized and registered with the authorities of Rosreestr.

The size of shares can be established depending on the grounds for the emergence of shared ownership. The share in the right of common shared ownership is usually expressed as a fraction and is indicated in the certificate of state registration of ownership. In accordance with the norms of civil legislation, the shares of participants are assumed to be equal, unless otherwise follows from the law, agreement or the essence of the relations established between them.

An important circumstance is that each participant has the right to dispose of his share in the right of common ownership independently - to sell, donate, etc.

The size of the share in the right of common shared ownership can be changed depending on various reasons: a change in the composition of participants, the introduction of improvements made by the owner into the real estate object, etc.

Important! The exercise of the right of common shared ownership occurs by mutual agreement of all owners. If co-owners do not have agreement on issues of ownership and use of common property, then they have the right to resolve the dispute in court.

The right of each participant to dispose of his share in the common property is real and is protected by law from attacks by the owners of other shares, if this right is properly formalized.

How to divide an apartment into shares?

The grounds and types of division of common shared property, as well as the allocation of a share in the right of common shared property, are different. At the same time, if the share of one of the participants is allocated, then the right of ownership for him is terminated. But in both cases, such actions are possible both with the consent of all co-owners and by a court decision.

It is possible to divide an apartment into shares in three different ways:

by concluding an agreement on the division of shares in the apartment;
by concluding a marriage contract;
judicially.

Agreement on division of shares in an apartment

I would like to note that common ownership of real estate can be either shared or joint. In the first case, the shares have already been determined and each owner has a certificate for a specific share in the apartment. In the second case, the shares are not determined.

Joint ownership arises for the property of the spouses (if there is no marriage contract or agreement on the division of property, or if the shares are not defined), for property in dacha cooperatives, for the property of a farm (if there are no agreements on determining the shares).

In other cases, shared ownership is registered when the size of the share is indicated in the ownership documents.

If your apartment is in shares, then there is no point in determining the shares, since it is already divided into shares. If one of the persons wants to increase his share, then the other person needs to sell or donate all or part of the share.

In most cases, an agreement on determining shares in real estate is concluded by spouses.

An agreement on the division of property between spouses is the most variable document; its provisions are determined by the spouses themselves at their own request and consent, in contrast to a marriage contract, the terms of which are strictly regulated by law.

In an agreement on the division of property by shares, it is necessary to indicate what property and in what shares is assigned to each of the spouses. Also, according to established practice, the agreement stipulates:

name and details of the parties;
subject of the agreement;
rights and obligations of the parties;
their responsibility;
settlement of disputes;
final provisions on the entry into force and the procedure for its termination.

In addition, the division of shares in the apartment between children and a spouse is necessary in the case of purchasing real estate using maternity capital. Shares are allocated after repayment of the loan or mortgage obligation. Spouses, by agreement, have the right to allocate to themselves and their children any shares in real estate and their size is not limited by law.

Marriage contract

Spouses can share an apartment both during the marriage relationship and after its completion. Moreover, if a marriage contract was concluded between the spouses, then it determines the method of allocating property assets. A prenuptial agreement can define different property regimes for spouses:

shared ownership;
joint ownership;
individual property.

When concluding a marriage contract and determining shares in the event of a divorce, spouses do not need to figure out how to divide property assets, since they are already secured. It is worth considering the fact that a marriage contract is notarized and has legal force both during the period of marriage and after the termination of the marriage, until property disputes are resolved.

Judicial section

If, during the period of divorce, a marriage contract was not concluded between the spouses and a voluntary agreement was not reached on the division of jointly acquired property, then it is necessary to file a claim in court. The partners' shares in the apartment, in this case, may be recognized by the court as equal.

The general period for filing such an application is three years. That is, if the spouses divorced, then one of the participants in the former marital relationship can file a claim in court within three years.

When submitting an application to allocate a share in an apartment, the plaintiff has the right to indicate the option for dividing the joint property and even which share he preferred.

Important! When the shares of each spouse are determined in court, they should be properly registered in Rosreestr, only in this case the allocation of the share will be legally secured.

Judicial practice shows that such disputes often end in the division of jointly acquired property in equal shares. If such a division is impossible in principle, then one of the spouses can provide the other with compensation in cash and own the apartment as the sole owner. The amount of compensation is determined in proportion to the value of the second participant's share.

Dividing an apartment into shares

The available options for dividing an apartment into shares directly depend on the legal regime of the property assets of each of the participants in the common property. In accordance with Art. 254 of the Civil Code of the Russian Federation, property is joint property if the shares of each participant are not determined in it. Let's consider the most common options for dividing an apartment into shares.

Allocation of shares from joint property

When allocating a share from joint property, the following conditions established by Art. 254 Civil Code of the Russian Federation:

the allocation of the share of one of the co-owners is possible only after a preliminary determination of the share of each of the participants in the right to common property;
when allocating a share from the common property, unless otherwise provided by law or by agreement of the co-owners, their shares are recognized as equal;
The procedure for allocating a share from the common property is carried out within the framework established by Art. 252 of the Civil Code of the Russian Federation.

Any participant in shared ownership has the right to demand the allocation of his share from the common property. If the allocation in kind is impossible, since the damage to the common property in this case would be disproportionate, then the other participants must pay him compensation in proportion to the value of his share. As soon as the funds in the form of compensation are received by the participant, his ownership of the share ceases.

If the apartment is privatized

Ownership of housing can be obtained through privatization of an apartment that participants received under social rent. To privatize, you must write a joint application to the local authorized body and receive a privatization agreement. It is in the privatization agreement that it will be written which part (share) of the apartment will be assigned to each person. In this case, ownership will arise only after state registration of the agreement in Rosreestr.

After registration, the division of the apartment between the co-owners can be done in the following ways:

each citizen is given a share established as a result of privatization;
distribution of property assets equally if a joint form of ownership has been established;
If the property was acquired by spouses during marriage, then the division of the apartment after a divorce is carried out either on the basis of a marriage contract, or by concluding a voluntary agreement on division, or in court.

If the apartment was purchased with maternity capital

If an apartment is purchased by a family using maternity capital, then it is registered between family members in shares. Also, the purchased apartment (room, house) can be registered in the name of children only. In this case, after the divorce, the housing will not be included in the joint property of the spouses and will not be subject to division.

If the apartment is registered to all family members, then when dividing the apartment in the event of a divorce, each participant gets the share that is registered for him in the title documents.

Of no small importance is the size of maternity capital and the cost of purchased housing. If parents add a smaller amount for the purchase of an apartment than maternity capital, then the living space must be registered in the name of the children.

If the apartment has a mortgage

If an apartment was purchased by spouses during marriage with the help of mortgage lending, then according to the Federal Law of July 16, 1998 No. 102-FZ “On Mortgage (Pledge of Real Estate)” and Art. 37, art. 39 of the RF IC, it is recognized as jointly acquired property and is subject to division in equal shares.

In this case, the bank can conduct an analysis of the solvency of each of the partners, and on the basis of this, it has the right to offer to sell the mortgaged housing, pay off the debt on the mortgage loan, and divide the remaining funds from the sale in equal shares between the spouses.

If one of the spouses wants to keep the apartment for themselves, then the option of buying out the share of the other co-owner is possible.

How many shares can the apartment be divided into?

The legislator leaves this issue to the discretion of the owner himself. That is, in this case the principle of freedom to dispose of one’s property applies. The owner has the right to divide his property into 2,4,10,100,1000, etc. shares. There are no restrictions.

However, determining shares in real estate, from the point of view of the possibility of subsequent disposal of one’s share, is inappropriate.

Important! By gifting or selling his share to any person, the owner loses ownership of that share. That is, it will be possible to dispose of only your share. Of course, the other co-owner will not be able to sell the share without first notifying the other co-owner. However, this obligation is well managed in practice by donating part of the share to a third party with subsequent sale.

After all, it will be unpleasant to live in an apartment or private house with strangers, and if an agreement is not reached regarding the procedure for using the property, it will have to be established in court.

That is, determining shares in real estate is always associated with the risk of improper performance or failure to fulfill obligations to own, use, and dispose of shares by another share owner.

So, in this article we examined the nuances of dividing real estate into shares, concluding an appropriate agreement and possible obstacles if you want to alienate a share.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

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