How to allocate a share in an apartment?

An apartment can belong to several people at the same time (for example, relatives or a couple with children), who are co-owners. In this case, each person does not own a separate room, but has a share in the right of ownership of the housing. But what if you need to legally formalize ownership of a part of the apartment? Answers the head of litigation practice of the law company “DE-JURE”, lawyer Yuriy Kostinyuk.

There are two possible scenarios:

1. if the co-owners have reached an agreement on who will use which rooms in the apartment, they can conclude an agreement on determining the order of use. This document is then, as a rule, certified by a notary;
2. if there is no agreement between the co-owners, they have the right to go to court and file a lawsuit to determine the order of use of the premises. The court decision may specify specific rooms that the owners of the shares received for use, but, for example, the bathroom, kitchen or corridor can be left for general use, because they are the only ones for the entire apartment.

Allocation of a share of the apartment to a child is carried out on the same grounds. An exception is a rare situation when, after a divorce, parents conclude a special agreement, according to which the father, instead of paying alimony, transfers the child the right of ownership of his share of the apartment or the entire apartment.

If the apartment is mortgaged, then the share can be allocated only with the permission of the bank or credit institution that provided the funds for the purchase of real estate in a mortgage or loan. The co-owners write an application to the credit institution or bank with a request to agree on the determination of the procedure for use. If this does not violate the interests of the financial institution, it agrees to grant permission. After that, the co-owners decide on the issue of allocation of shares by signing an agreement or in court.

To get legal assistance in real estate and construction issues, as well as to find out the price for allocating a share of an apartment, contact the law firm “DE-JURE”. We have both specialists and experience.

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