Under the agreement or court order?

Title property shall be by agreement of the parties, and if an agreement could be reached - by court decision. It is divided into common property only after first determining the proportion of each of the participants of joint ownership. For this couple make an agreement on the definition of shares of each of them. Certify it with a notary is not required, but the parties on their own can notarize a document. This agreement - the basis for state registration of share ownership of each party to a particular apartment. Each of the spouses will receive at the hands of a certificate of state registration, confirming the right to an apartment in the shares specified in the agreement.

If the parties fail to reach agreement, then the decision of the issue will have to go to court. As a general rule for division of property shares spouses are considered equal, if the contract between them provides otherwise. The court may depart from this principle in the interests of minor children. In addition, the situation where one spouse does not receive income from unjustified reasons, or utilize its total assets at the expense of the family, may also turn against him in determining the shares. Entered into force on judicial decision on the division of common property and determining the share of the spouses is the basis for the registration of shares of each of them.

With the requirement of division of marital property in a court of law may apply to a creditor of one of them to foreclosure. This rule applies if the spouse of the debtor is not enough other assets to fulfill their obligations.
Without registration, no right

The couple shared an apartment? The joint ownership is terminated and there is lobar. But the agreement or court order is not sufficient.

When the apartment belonged to the spouses on the right of joint ownership, they were granted a certificate of state registration (provided that the right has arisen after the entry into force of the law on state registration of property rights). Due to the fact that the couple shared an apartment and each belongs to a certain percentage must reflect this document. By law, state registration is the only proof of the existence of law.

Thus, the need to undergo the procedure of state registration of shares in the common property rights. To do so, submit documents to the authority of the state registration of rights to immovable property and transactions with them.

In addition to statements from each side must also submit:

agreement on the division of property or a judicial decision;
Receipt of state duty for registration (500 rubles.)
documents of title to the apartment, the marriage certificate.

The state registration is carried out within a month. After that, each participant receives a certificate of registration rights with the proportion. On the back of the certificate shall be recorded details of the right of other participants shared ownership.
How to sell a share?

After re-registration of a residential area of joint ownership in the shares, we rearrange the order of the flat. In particular, the rules of selling shares. The main principle in this case is the observance of pre-emption. What does this mean? The sale of shares to a stranger the other participants (eg, the second spouse) have a preferential right to purchase shares sold at a price for which it is exposed at other equal conditions. The seller must notify the other parties share ownership of its intention to sell the share. This is done necessarily in writing, specifying the price and other terms of sale.

If, within one month of the remaining participants refuse to share ownership of purchase or acquire the share sold, the seller has the right to sell it to anyone. In cases where the seller has violated this rule, the other party co-ownership may, within three months to demand the transfer of rights and duties of the buyer on it. To do this he must go to court.

The rule of pre-emption holding and the alienation of shares under a contract of barter. In other cases (gift, mortgage, rent) privilege does not apply.

When submitting documents for state registration must attach a confirmation failure of other participants shared ownership of the share purchase. If the document is absent, the body that carries out registration, is obliged to suspend it until after the month from the date of notification by the seller other participants shared ownership.