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Business Duty Officer

Allocation of shares (actual partition)

Shared Ownership Issues

We will help you allocate a share in the property, including in kind
We help with the most difficult issues: mortgage, maternal capital, children, etc.

Allocation of shares (actual partition)

The procedure for common shared/joint tenancy ownership is regulated by the Civil Code of the Russian Federation. There is 2 concepts of different meanings:

fractional ownership/co-ownership, when the shares of each of the owners in the ownership right are determined;
joint property/tenancy, when the shares of each of the owners are not determined.

Joint property defined for spouses, that are married, for members of farm properties or members of consumer and gardening cooperatives. For all others, the procedure for shared ownership is determined.

Our real estate lawyer will advise you, that there are a number of disadvantages of co-ownership of real estate:
A real estate lawyer can advise you, how it's possible to allocate a share in an apartment or in a house in three main ways:

A real estate attorney will guide you through the matter in detail.. Shares can be "ideal" or "allocated (actual partition)". Example of "ideal shares": in a three-room apartment, three owners each have 1/3 share of the apartment. An example of an "allocated share, selected in kind" - everyone has a share, equal to a room. An example of an “ideal share” is a one-room apartment, in which the shares are indivisible.

In a privatized apartment, it is possible to allocate shares not only of residential, but also utility room (kitchen, corridor, bathroom, etc.). When a share is allocated, an isolated part of the premises is transferred to the owner, but they lose the right to own the rest of the property. Refurbishment in such an apartment becomes impossible. That is why the court is often approached with claims for the allocation or division of an apartment in an apartment building with the transfer of ownership of isolated rooms and shared ownership of utility rooms..

It's not always possible to allocate shares in an apartment in accordance with ideal shares, then the share can be transferred to the owner, exceeding the square footage of the ideal share. In this case, other users of the apartment may demand from him the collection of rent for the excess part of the share, which is allotted to him. Such payments are mandatory. The situation can be reversed.

To allocate a share in an apartment, the following documents are required:
How we help to ensure the terms of the transaction by counterparties?

1. You leave a request with a question that you're interested in.

Fill out the form on the site, and we call you back .

2. Professional lawyers will contact you to agree on further actions.

We discuss your problem and possible solutions.

3. Working on a roadmap in person, discussing the terms of cooperation.

We coordinate decisions, terms of cooperation and conclude an agreement.

4. We provide qualified legal support in resolving the issue related to the allocation of shares (including actual partition).

You minimize the possible negative consequences associated with the ownership of property with common shared ownership.

Why are we?

In any particular case, you should contact experienced housing lawyers., which will help develop a way to protect your interests and determine the way to carry out the division or allocation of a share in the apartment. A real estate lawyer will be happy to help you

pro bono consultation