How to calculate the share in an apartment - an example in fractions using the formula
Content
- 1 How is an apartment divided into shares?
- 2 Section on shares of communal apartment
- 3 The legislative framework
- 4 Agreement on determining shares
- 5 How to calculate the share in an apartment?
- 6 Calculation formula in fractions
- 7 Section stages
- 8 How to calculate the share in an apartment
- 9 Apartment share tax
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Distribution of property into shares is one of the possible forms of joint ownership, use and disposal of residential real estate. From this material you will learn how to calculate the share in an apartment or divide joint property between family members?
How is an apartment divided into shares?
You can divide an apartment into shares for any form of ownership. Joint ownership allows you to allocate part of the housing for each of the co-owners, and the presence of shared ownership allows you to redistribute existing shares or allocate new ones.
Division or separation of individual units from common law is permitted in the following ways:
- by mutual agreement of each owner of the object;
- as a result of judicial proceedings.
The legislation establishes a fundamental difference between the concepts of division and allocation of shares. In the first option, the common rights are divided into two or more independent legal units, while as a result of the division, the common ownership of the object remains in force along with the emergence of a new independent unit.
In order to allocate the share of each family member in the common right to a property, it is necessary to take into account the rule according to which all participants in joint property have equal rights.
Consequently, unless otherwise provided by agreement of the parties, the common law will be divided by the number of its holders.
Section on shares of communal apartment
Communal apartments initially implied a shared use of the property, where residents received the right to only part of the living space, as well as a general right to utility rooms (kitchen, corridor, etc.).
The emergence of the opportunity to dispose of rooms in communal apartments as an independent piece of real estate required citizens to allocate their share in common law.
The calculation of the allocated unit is carried out based on the living space of the communal apartment occupied by citizens, while the final share of the co-owner includes the living space that belonged to him before the allocation, as well as part of the total area of such an apartment.
The service how to calculate shares in an apartment calculator will allow you to establish the specific size of the allocated unit by the ratio of the total area of such an object and the living area per individual family.
Registration of ownership of a share in a communal apartment occurs regardless of the rights of other owners and is confirmed by an extract from the Unified State Register of Real Estate.
The legislative framework
Regulatory regulation of the procedure for distributing shares between apartment owners is carried out by the following legal acts:
- Civil Code of the Russian Federation;
- Housing Code of the Russian Federation;
- Federal Law No. 218-FZ “On State Registration of Real Estate”;
- Instructions on the procedure for recording housing stock in the Russian Federation.
It is important to understand that not a single regulatory legal act contains specific options for dividing shares, with the exception of recognizing the equality of rights of the parties to joint property.
Therefore, the fundamental point in resolving disputes between the parties will be the conclusion of a voluntary agreement between them.
Agreement on determining shares
Calculating shares in an apartment, knowing the area, is easiest to do by concluding an agreement between all owners of the property. Moreover, such an agreement allows you to deviate from the basic rule of equal rights of participants and establish a larger or smaller share for each of them.
All persons who have rights to the property must participate in the agreement, otherwise its conclusion will be impossible.
In order to respect the rights of each participant when forming the size of individual common property units, it is necessary to determine how to calculate the share in the common property right calculator.
How to calculate the share in an apartment?
To calculate each tenant's share of the common law, an owner's share formula can be used.
To do this, you need to know two quantities:
- total area of the facility;
- living space per each co-owner.
To establish the size of the share, the ratio of the total area of the property to the residential area of each participant is initially calculated. Then there is an equal distribution of the common area to each of the owners.
For example, there is an apartment with a total area of 90 square meters. m and 3 owners. In this case, each person is entitled to 30 square meters. m, since 90/3=30.
In the next section we will give an example of calculating shares in an apartment based on the basic indicators of the total and living areas.
Calculation formula in fractions
To calculate the share, we use the following data for a two-room apartment:
- total area - 100 sq. m.;
- The living area of the rooms, each of which belongs to different owners, is 30 and 40 sq. m. m.;
- area of common areas - 30 sq. m.
For rooms, the share percentage will be: 30/100 and 40/100 shares. Since the area of common areas must be divided on equal terms between each owner, 15/100 must be added to the indicated values.
Thus, the final share for each shareholder will be:
30/100+15/100=45/100
40/100+15/100=55/100.
It is in this ratio that the right of common shared ownership will be registered when concluding an agreement between the parties.
Section stages
If an agreement is not reached between the parties, the division and allotment of shares will be possible only in court. The requirement for the division and allocation of independent units must be made taking into account the following features:
- allocation of a share in kind is rarely possible, since the size of such units almost never coincides with the boundaries of separate rooms;
- compensation for the cost of the share will be necessary if it is impossible to allocate independent accounting units in kind.
How to calculate the value of a share in an apartment if you need to determine the amount of compensation for the court? You can calculate the cost of a share in common ownership in an apartment using an online calculator for calculating the area to be purchased, as well as drawing up a report on the market value of the property.
The parties may agree to use the cadastral value to compensate for the calculation of the share, however, in practice it is the market price that is used.
To clarify the amount to be paid as compensation, you must first calculate the share of the apartment online, and then make a proportional relationship between this indicator and the total market value according to the appraiser’s report.
The resulting amount may be ordered by the court to be paid to the person who demands the allocation or division of shares. The formula for calculating the share for each person when buying an apartment allows you to take into account the interests of each owner of the share in common law. Compensation can be calculated in a similar way when a share is alienated to third parties and the right of pre-emption is exercised.
How to calculate the share in an apartment
How to calculate a new share in an apartment if existing shares are redistributed? In this case, the rights of one or more shareholders are subject to change, due to which a new accounting unit appears.
Determination of the specific sizes of shares based on the results of such distribution will be carried out based on the results of the agreement of the parties, after which the change in the share composition is subject to state registration.
The nominal share per each co-owner of the property, as a rule, does not allow the allocation of this unit in kind at the expense of one or more rooms.
Such a unit allows its owner to independently dispose of his own rights, including alienation under various types of contracts.
Online calculator
You can calculate the share in an apartment for redemption using the online calculator on our website, which allows you to set the size of shares even in the most difficult cases, when the total and living area of the apartment is divided among a large number of people.
It is necessary to indicate the size of the testator's share of the common property (For example, if the share is 100%, then enter 1/1 in the fields)
How many heirs, including you?
Result:
Apartment share tax
You can find out the tax rate for your share using the following indicators:
- the value of the owner's share;
- basic property tax rate;
- the amount of the cadastral or inventory value of the object taken into account when calculating the tax.
The total amount of the tax payment coming to the whole object (apartment) and calculated based on the multiplication of the tax rate by the cadastral (inventory) property indicator must be divided by a specific indicator of the share in common law.
The resulting total will be the amount of the tax payment attributable to the share of the specific owner.
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