Agreement on determining shares in an apartment - what is it and why is it needed? We will talk about this in this article. Having familiarized yourself with it, you will be able to comprehend some of the legal subtleties in real estate.
Joint and shared ownership: differences
Before proceeding directly to the question of what is an agreement on the determination of shares in an apartment, you need to talk a bit about the types of property that can exist. More specifically, private ownership of an apartment can be individual (when it belongs to a certain person) and general (when all property is owned by two or more persons).
In turn, the common property is also divided into subspecies:
- Common joint ownership.
- Common shared ownership.
If the latter defines the shares of each participant-owner that they have in common property, then in joint ownership such shares are not defined.
For example, if in title deed to the apartment it is indicated that ½ share of the apartment belongs to one person, and ½ share to another, then from this document it will be clear that the apartment is located in common shared ownership.
In case of joint ownership of such shares in the title documents will not be indicated. They will indicate that the apartment belongs to both of them.
Why you need to determine the share
If the property is jointly owned and some of the co-owners want to sell or otherwise dispose of their share, then he first needs to determine which share belongs to him.
There are 2 methods for this:
- through the court;
- through an agreement on the determination of shares in the apartment.
The first method is very long and is used mainly when the owners have a dispute about the size of their shares in the common property. Therefore, the most suitable option is the achievement of mutual understanding between the parties and the voluntary conclusion of an agreement, which determines which share belongs to whom. 
Principle of equality
Take into account - initially it is believed that the shares in the joint property are equal. However, in a lawsuit, a judge can move away from the principle of equality and, subject to objective factors, give one owner more share than another.
One of such factors is the case when one of the owners has minor children or when he increases the value of the property at his own expense by making repairs or otherwise investing money in it, and the second owner does not take part in this. In such cases, the share in the apartment can be distributed differently. 
How to make an agreement
It is best to draw up a contract-determination of shares in the apartment, using the qualified services of a notary. However, if this is not possible, then an agreement can be made by ourselves. To do this, it is necessary to take into account certain points, which unconditionally should be displayed in the contract.
To begin the drafting of the document should indicate the date, place and parties. In this case, all the co-owners should be noted. The essence of this document is that the share in the apartment belonging to each co-owner will be determined after the official registration of such an agreement. That is why it is necessary to indicate the full technical and identification characteristics of real estate in the text.
So, as a rule, the type of property (apartment, house, etc.) is indicated, its location, the number of components (rooms, premises, etc.).n.), floor and number of storeys, area and other parameters. 
Next, the most important thing should be indicated - which share will belong to whom. In practice, usually the owners define such shares as equal, but here it all depends on the will of the parties. They can define these shares in another way.
check in
The agreement on the determination of shares in the apartment after it is signed by the parties must be registered with the authorized state body (Rosreestr). To do this, the parties need to pay a state fee and provide the necessary documents to the employees of this body. Among the documents should be:
- concluded agreement;
- title documents for the apartment;
- technical certificate;
- cadastral passport and other papers.
After the expiration of the period specified by law, the owners will be given ready-made documents, and they will be able to individually manage each of their shares.
An agreement to determine the shares of an apartment, the notary has a sample of which is an alternative to the court method of resolving some property disputes of co-owners. It is better to deal with this issue peacefully than to go to the courts for months without knowing what decision the court will make.
