The alienation of real estate, which is not in solely administration, has some features that may affect the complexity of the process and its timing. To understand how to sell a stake in the apartment in compliance with all the procedural rules, it is necessary to figure out what is the ideal share and know the nuances of the property transition procedure. Sale of apartments for the second owner, selling a share in a privatized apartment, which tax from the sale of a share in the apartment will need to be paid, it is possible to sell a share in the apartment of the bank of all this and many other things you will learn further.
The presence of a share does not say about the ownership of a certain part of housing. This concept indicates only about the right. Simply put, sharing the right of ownership, and not the area. If the layout allows, the owners can formally distribute rooms among themselves. At the same time, the kitchen, the corridor, the bathroom remain common areas of use. All utility payments are distributed between the co-owners in the same sizes, regardless of which method is occupied by a person.
The sale of the apartment with shared by all owners is possible in two ways - the conclusion of a single agreement or several. The last option is encountered when the co-owners live at a high distance from each other, or do not communicate and have no desire to give a power of attorney to any action on the sale of a share of his behalf. The situation with several treaties is not profitable, since it will have to pay each seller to pay state tax from sale.
The alienation of the equity property is complicated, unless one of all the co-owners decided to sell a stake in the apartment. By co-owners, this option may not come to the soul, so the first priority is the right to purchase.
How to sell a stake in the apartment - Step-by-step instructions
Each transaction needs a definition of actions. The legislation of 2020 is characterized by an extensive platform of bills, where the sale of the share of the apartment is regulated. The instruction that contains the actions algorithm determines the sequence of procedures. Here you can select the main steps as:
- selection in nature;
- designation of conditions and prices;
- notification of the sale of a share in the apartment co-owners;
- collection of documents;
- legal registration of sale;
- payment.
The process begins with the fact that the owner should know how to highlight a stake in the apartment for sale. This may occur in coordination with other owners, or judicial decision. The quadrature is calculated from the area and the number of owners.
Determining the terms of the transaction between the seller and the buyer
Sale of a share in the apartment is a third party in notarial form. But official registration is preceded by preliminary approval of the terms of the transaction. The final price is negotiated, questions regarding the payment of state duty, notary services and other related expenses. Concludes preliminary Agreement With the timing of the conclusion of the transaction.
co-owners about the sale of a share in the apartment
Before the share of the right to exhibit for sale, it should be noted that the preferential right of purchase remains over co-owners. The owner notifies the next hosts who can buy it to exclude the presence of unauthorized persons. The seller informs co-owners about intent in writing with a specific date of notice.
It can be notified in person by passing the appropriate paper. At the same time, it is necessary to have an exact copy, where the recipient will put a signature. If this is not possible due to the fact that co-owners do not live on this housing, or relationships with them are quite complex, the right output is to notify them with a letter (customized with notification).
To receive a response from co-owners, a period of 1 month is set. If there is no response by its expiration, the seller reports the sale of a share in the apartment of other features.
Download notice about selling a share in the apartment.
Preparation for the transaction
At the stage of preparation for the sale of shares in the apartment you need to collect documents provided for by the legislation on their own or contacting the real estate agency. In the second version, the contract has followed. It is also necessary to notarize the power of attorney on the realtor to receive the necessary documentation on behalf of the host. A package of documents for the sale of a share in the apartment accommodates:
- documents confirming the identities of the participants of the transaction;
- official paper that establishes ownership;
- confirmation of the payment of state duty;
- extract from the Unified State Register of Real Estate;
- bTI documentation;
- the consent of the remaining equity co-owners, notarized.
If one of the co-owners of the selling property is a minor person, it is necessary to provide the official permission of the guardianship bodies. The same applies to persons with limited capacity. To prepare properly, it is worth consulting with a specialist state Body Registration, which is needed for the sale of a share in the apartment, sometimes there are additional requirements for different individual cases.
Registration of the transfer of property rights
The procedure for the registration of alienation of equity ownership is multifaceted by the GK and federal law. Participants choose convenient way Appeals to the competent authorized department - through the Rosreestra service or through the IFC system. The difference will differ in the registration time. In the first case - 7 days, and in the second - 10 days.
The registration authority accepting documents issues applicants to a receipt with an affiliated date of obtaining issued documents. Registration precedes the mandatory preparation of a civil contract for the sale of a share in the apartment by a notarial body. For the legislative period, registration services are carried out by all the actions provided for by their powers, and make data on the transition of ownership of the Unified State Real Estate Register.
Answers to frequent questions
The base of bills regulating relations arising from the sale of an apartment in equity is sufficiently formed. Despite this, some questions require, often, detailed clarification.
Do notary need
The sale of share ownership in the apartment is not possible without a notary, starting with the fact that the share of share is assigned to them. Transactions related to the transfer of property, including the contract for the sale of a share in the apartment, require notarial confirmation.
How to sell half of your share
It happens that, the dedicated part in the apartment is quite large, and the owner sell only its part. There is the same algorithm procedures starting with the notice of neighbors. If the protest came from them, get rid of part of the share, although it is difficult, but can be one of several ways:
- to make a gift for a part, after which the new owner, becoming a co-owner, will be able to buy the rest;
- make a fictitious contract for the donation of a part of property, having received, no longer officially, for it money;
- proceed for a loan agreement.
Any deal carries a certain risk. If the co-owners turn to the court to establish the fact of the fictitiousness of a transaction, the seller risks to remain without money, and the buyer will not receive property.
How to sell a share of a minor child
The question remains quite difficult when the co-owner of the selling stake in the apartment is a child. One of the main features of such a transaction will be a guardian authority that gives its resolution. At the same time, it is necessary to provide documents confirming that the child will be in possession of a different area, not inferior to the sold. The alienation of the share of a minor and the acquisition for it is new housing - two operations that occur simultaneously. Children over 14 years old become independent participants in the process with the consent of the parents.
How to sell a stake in the apartment without the consent of the second owner
Often, to obtain the consent of the second host is quite difficult, especially if one-room apartment trading is considered, divided into 2 stakes. It will not be possible to cross the living space geographically, and it is not comfortable to live next door to a stranger, so the co-owner expresses his protest. But, if the seller notified in advance co-owner, and he did not want to become a buyer after month, real estate real estate to sell the 3rd face.
What are the features of the sale of shares in a privatized apartment
When residential premises It is privatized by all residents registered on its area, it becomes their joint property, where everyone is assigned an equivalent part. The scheme, how to properly sell a privatized apartment with shames includes three main stages:
- the notice of co-owners;
- drawing up a contract for the sale of sales of the apartment's share;
- registration procedure.
Intermediate procedures that allow to sell a share in a privatized apartment are aimed at collecting relevant documentation. If other owners in every way prevent the separation of a part of joint privatization housing, the owner solves the issue through the judicial authorities.
How to sell a privatized apartment with shames you will find out in the next post.
How to arrange the sale of a share in the apartment between relatives and what is the difference with the sale procedure to a third party
Some important moments It has a sale of a share in a privatized apartment when one of the co-owners is a relative. Related person is given the opportunity to acquire a part of the property being put up for auction, when the rest of the co-owners refuse it. The sale is excluded between spouses, alienation occurs by donation or compiling a marriage contract that prescribes the condition of the section. For example, a deal, when a husband sells his wife his part, will not be completely legal.
When selling the share of the apartment to other relatives is a reception certificate moneySo that the transaction cannot be considered as fictitious. Taxes are paid on the general grounds.
How to sell a stake in the apartment by proxy
There are situations where the owner who wants to sell property does not want or, due to certain circumstances, cannot do it on its own. It is entitled to transfer the rights to all actions related to the design of the transaction, another person he trusts. This will require the compilation of a notarized power of attorney, where all the powers of the representative are indicated.
How to sell a stake in the apartment inherited
The right to inherit the share of the apartment can move by law or by will. If desired, it is necessary to sell it, it is necessary to initially arrange a certificate in the notary, indicating the right of ownership, register it to the USRP. Next, it is necessary to allocate part by agreement with neighbors or through the court. Next follows the standard algorithm of actions.
How to sell a share after a divorce
The alienation of the share of real estate after a divorce does not have any differences. All actions are made according to a single scheme: notification of co-owners, the search for the buyer, the preliminary conclusion of the contract for the sale of the sale of a share in the apartment, registration.
How to pay tax on income from the sale of a share in the apartment
The established tax of the sale of a share in the apartment is 13%. It is not accrued if the amount of funds reversed from the sale is less than 1 million rubles, i.e. The amount of over a million is subject to taxation. The tax is not charged when the apartment was owned from 3 years and more.
How to sell a share in a communal apartment
In a joint communal real estate, every vest has a separate room, which greatly simplifies the sale of a share in the apartment to another owner. Here we are talking exclusively about the privatized meters of the square. A feature is the fact that when the rooms of neighbors are not privatized, refusal priority law Shopping gives the municipality.
How to sell an apartment in shares to one buyer
All co-owners can sell the apartment entirely to the buyer. This is the easiest way to sell an apartment in equity ownership. There are two options here: to make a single multilateral purchase agreement with the fixation of all co-owners and the buyer, or by drawing up separate treaties with each owner.
How to suspend the sale of shares
The seller, as well as buying, have the right to suspend up to 1 month for sale. Suspending up to 3 months may occur if the registrar doubts the authenticity of documents. Registration is also suspended if the documents for the sale of a share in the apartment do not contain a written refusal of neighbors from the purchase, when the monthly period has not expired since their notice.
How the share is allocated during the sale and how to evaluate it
It is possible to distinguish a share on the peace consent of all owners (there is a special sample of written design) or by ship decisions. As a rule, it is the same for all owners. The calculation is made in proportion to the area and the number of tenants: if the co-owners are two, each will belong to half, if three is 1/3 and so on.
The cost of sold share property is established independently (based on the market value of such objects), or with the involvement of an independent appraiser, the actions of which will help profitably sell a share in the apartment. In the second embodiment, it will take the preparation of an agreement on expert assessment.
How to sell a stake in the apartment can
The sale of shared property by the Bank is possible, as repayment of the amount of debt on a borrowed commitment. Before selling a share in the apartment, the bank must be set to the fact that the property sold is not the only possible place of residence of the owner.
Is it easy to sell a stake in the apartment and how to find a buyer
It is impossible to definitely say whether it is easy to sell the share of real estate. There are completely different situations, for example, to sell share apartment The entire co-owners are much easier than to draw up a contract for the sale of one share, especially if minor children appear. To find the buyer, the seller places ads, arranges housing views, negotiate. Often, this role is assigned to real estate agencies.
The presence of shared ownership of any residential premises provides its owner an extensive range of rights to order it, but, at the same time, and has its own characteristics. Each case of sale is individual, so it is very important to familiarize yourself with the legislative framework.
Sale of not a dedicated share in the apartment is even more difficult. If you have questions about this topic, please ask them in the comments, and it is better to sign up for free consultation To our lawyer. We will help you pass the whole way of selling your share as fast as possible and comfortable.
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From the article you will learn: how to sell a share in a privatized apartment through the contract of sale, through donation and pledge, and how to recognize the sale of a share in the apartment illegal.
The privatization process is provided for by the Law of the Russian Federation of 04.07.1991 No. 1541-1 "On the privatization of the Housing Fund in Russian Federation» legal actionAs a result of which the property (land, apartment, house, room, etc.) goes to the property of persons who fulfilled all the actions indicated in the law.
The apartment can be privatized by one person or group of persons. To the right to privatize the living space, everyone who at the time of filing documents into the registering authority is properly registered in it as permanently residing on legal basis. So, often privatization is drawn up on all family members: spouses, children and other relatives.
Over time, the spouses may terminate the marriage, or children can inherit the share of parents, and then the owner of a share who does not want to enjoy with other co-owners of this apartment, has the right to sell their property. Consider how to properly carry out sales, observing your interests and without violating the rights of the other co-owners.
Is it possible to sell a stake in a privatized apartment?
It is important to immediately stipulate such an important nuance as the distinction of legal terms " joint property"And" share property" It is possible to sell a fraction, while the size of this share must be allocated and specified in the right-point document.
If the apartment belongs to several persons on the rights of joint ownership, then the sale can be carried out only the entire apartment of the entire apartment, or to make a preliminary section of the share, after which each co-owner can dispose of their own share at its discretion.
When all co-owners equally agree with the sale, then the situation is permitted very simply. It is enough to conclude an agreement between all about the amount of the sale and its section after receiving money from the buyer, after which you can proceed to designing sales. The matter when someone wants to sell his share, and the rest - against. It comes into force a completely different algorithm of actions.
Today is practiced mainly three sales schemes in the apartmentfully relevant legislation standards and practiced. If you are a co-owner of the apartment, any diagram can be used to turn your square meters into money.
Scheme number 1. Sale through donation
Sale of a share in the apartment can be carried out with the consent of the remaining co-owners. By virtue of different circumstances, it is impossible to receive such consent or very difficult. However, the law allows the donation of the share - for this, the consent of the remaining co-owners is no longer required.
It is extremely important to correctly compile a gift. This operation is extremely recommended to entrust the experienced lawyer. In case of non-compliance with any requirement of legislation, subsequently, the documents remaining co-owners will be able to appeal in court and achieve recognition of the transaction invalid. And a lot of requirements are quite:
- It is necessary to fully list all other co-owners, indicating the size of the fractions belonging to them.
- Specify all those who are not co-owners, but registered on this living space on an ongoing basis.
- How many square meters is transmitted to the belonging to the face.
- On what grounds this share passed to the ownership of the donor.
- If the proportion belongs to a person in lawful marriage, it will be necessary to apply to the gift notarized consent of the spouse to the transaction.
For someone who decides to acquire a share in the apartment through donation, it is important to remember that by law (Art. 217 NKRF, paragraph 18.1) from payment of 13% of the tax on the value of the share was released only close relatives of the seller. If the share buys a spouse, son or daughter, father or mother of the seller, then the tax does not pay, all other buyers will be obliged to pay it. And if the buyer is not a citizen of the Russian Federation, then applies tax rate 30%.
The cost of the share is necessarily indicated in the gift, although the transaction is of gratuitous nature. It is not recommended to underestimate its size, since when over 20% of market value There may be such consequences as a fine.
After graduated decorated, the money is passed to the seller by the buyer through bank cell. The transfer agreement is concluded with the participation of the bank, the condition for issuing money is usually the presentation of a document confirming the transfer of ownership of the donor to the ending person.
There is another option: You can give part of the share, and after registration of the gift, on legal grounds to sell the remaining part, since the new co-owner will have the right to priority purchase. This scheme will cost more for the parties, but also the degree of its reliability is higher. It also uses in cases where the buyer does not have the opportunity to pay off the entire value of the share at once, and the parties agree to carry out a transaction in two stages.
Scheme number 2. Sale after pledge
This method uses when the bank agrees to accept this stake in the deposit to issue a loan. The transaction of this kind is called the mortgage. If you have taken the money, but it was not possible to return this amount to the previously agreed period with interest - the share will go to the property of the mortgagee (bank).
Often lawyers ask: Does this rule apply to housing, which is the only one for the owner of the share and his family? Answer: Yes - refers to what is directly indicated in: Art. 446 Code of Civil Procedure of the Russian Federation, Art. 337, 348 of the Civil Code of the Russian Federation. You can not be afraid of real estate with the bank for debts, only in the cases specified in Art. 54.1 Law "On Mortgage":
- The amount of debt is less than 5% of the value of the collateral.
- Defense debt less than 3 months.
Often the owners of the property in real estate are exactly what they do, deliberately occupying money from the bank, so that they do not return them. When there is no hope, it is beneficial to sell a share, such a scheme is beneficial, even taking into account costs of mortgage.
Scheme number 3. Simple sale
A fairly simple way, but in practice it is not so often used due to the fact that the seller has to comply with tough rules, as the proper notification of all co-owners about the intention to sell the share, as well as the observance of the time limits for their decision. In general, the procedure is as follows:
- The owner of the share orders real estate assessment to further use the result in all operations. We will have to come to terms with what it is impossible to get for its share when special sale As much as it would be possible to help out the sale of the apartment and the subsequent advantage of the amount received.
- Each of the co-owners is sent by a registered letter with a notice of the desire to sell and indicate the amount of sale. Expect the decision of co-owners is 30 days from the date of receipt of notifications. Only after that you can put a stake in open saleSince during the month all other co-owners have the right to buy out a share for the specified amount of other buyers. A good insurance will be certified notarily refuses to other co-owners to buy a lot, but it is not always possible to get them.
- Between the seller and the buyer consists of a contract for the sale of a share in the apartment. Where indicates: the size of the share, its cost, description of the share and order of mutual settlements.
- The transaction is registered in the USRP, which the appropriate extract is issued to the buyer.
How to recognize the sale of a share in the apartment illegal?
Disputes around the sale of shares in the apartment in modern judicial practice - Not unusual. Charging transactions can be engaged in co-owners, buyers, as well as third parties whose rights were disturbed. You can challenge the purchase and sale of the contract and registered with the USRP, only in court.
Co-owners of the apartment can go to court within 3 months from the moment they became aware of the business and sale. At the same time, it is impossible to challenge the transaction itself, but only to demand to translate the right and obligations of the buyer for the already registered contract. With a positive court decision, the plaintiff will pay the former owner of the share of the amount specified in the contract and will become the owner of this share.
It is important to note that trial This kind of occupies a lot of time, requires costs, so it is better to try to solve the dispute in peaceful way. To entrust negotiations on your own behalf you can a professional lawyer. This method will help to solve the argument that arose without the attraction of the court through the settlement agreement.
Any deal can be easily recognized as invalid in court if the plaintiff can prove that under its conclusion, the norms of legislation were violated. For example, the buyer handed over the seller the whole amount before signing the contract of sale, or the seller is a person who has no rights to this property and making transactions with it.
The limitations for this kind of such a kind are very important:
- During the year, you can challenge the deal if you can reliably establish the time from which the plaintiff learned about the circumstances that impede its legitimate conclusion.
- None-negative transactions can be challenged for 3 years. For example, if the plaintiff can prove that the seller did not receive money from the buyer.
- Third persons who are not participants in sales are entitled to file a lawsuit in court when infringement of their rights for 10 years from the date they had to receive information about this infringement.
All these circumstances play a decisive role in determining the value of the share. A large number of different risks scare away buyers, so you can help me from selling a share with a certain amount than it really is.
Sale of a share in the apartment by virtue of its legal specificity is a rather complicated transaction with real estate related to certain legal difficulties. This is due to the fact that the owner of the share cannot alone to dispose of the apartment and make legally significant actions with it without taking into account the opinions of other owners of the share.
However, as practice shows, many equity owners cannot agree among themselves and begin to prevent the sale of one share in joint apartment. The situation is complicated by the fact that in many cases the apartment is divided into a share only on paper, and in reality, the owners will definitely not indicate where the area of \u200b\u200bone ends and the territory of the other begins.
In addition, even with the consent of all owners, the sale of a share in a joint apartment should be carried out with a clear compliance with all formal requirements provided for by Russian housing legislation.
Legal regime and legislative regulation of equity property
In the Russian Civil Code, it was found that the apartment belonging to several owners (two or more) can be in equity and joint ownership. The main difference between these legal forms is that with equity ownership, each owner has its own dedicated share in a shared apartment.
Main feature legal regulation Deals with equity property are the consent of all owners of housing for use and disposal to this residential real estate. The ownership and use of the apartment in the apartment is different from ownership, for example, one of the rooms.
The complexity is that the share is practically unrealistic to separate from other shares of the border and prohibit other owners to use the "foreign" territory. Share in a joint apartment is written in legal documentation in the form of a fraction (for example, ½, ¼, etc.).
To sell a share in a shared apartment, compliance needed mandatory condition, namely the preemptive right of other owners to buy this apartment.
This means that when selling one of the share of residential real estate, all other owners (for example, a former spouse) have the right to redeem this share before it is offered to other buyers. Consequently, the owner of one of the share has no right to seek other buyers until he receives a refusal of all owners of the apartment.
Procedure for selling a share in total residential real estate
So, in order to sell your share in a shared apartment ownership, its owner must:
- Assign the price and suggest redeeming the share of this apartment belonging to him by other owners of this apartment. To do this, he needs to notify each of the owners in writing about its intention to sell a share in a shared apartment, as well as indicate the price and other important sales conditions in the notice;
- If someone from the owners expresses a desire to buy a stake in the apartment, make a deal. In this case, the transaction is also drawn up, as well as the sale of an integer apartment;
- If the owners refuse to acquire the sold share in a shared apartment, you need to get their written refusal and start selling our part in the apartment to unauthorized persons. If a written refusal is not received, the owner has no right to exhibit an apartment for sale within 1 month. After one month, the Seller can sell a share to any buyer if none of the other owners of the overall ownership of this time will acquire a selling share. However, in this case, the seller must have a confirmation that all owners received a notice of the sale of a share.
When selling the share of a foreign person, the owner, as a rule, should be submitted together with all other documents to submit to the registering authority the refusal of other owners (in writing) or documents confirming that all owners received the appropriate notice of the sale of a share in a shared apartment for more than a month ago, and None of them expressed the desire to acquire an alienated share.
If several owners of share ownership have expressed a desire to redeem the selling share, the owner of his own willing can choose which of them he will sell his share belonging to him.
If the seller, when selling his share, violated the preferential right to buy the rest of the owners of housing, then any of the shareholders can apply to the court to restore their right. The law establishes a three-month term of limitationDuring which the owner of the share ownership may challenge the sale of a share in a shared apartment.
This period begins to be counted from that day when one of the owners of the share in a shared apartment, whose right to a predominant purchase was violated by the seller, learned either had to learn about the fact of selling a share in the union apartment to the outside buyer.
What difficulties may arise when selling a share
As already mentioned, the owner of the share in the shared apartment may face certain difficulties in the alienation of his share. First of all, they are associated with the reluctance of other owners of the apartment for sale of her part to other persons, even if they do not intend to redeem this share.
In practice, it often happens that participants in equity ownership are specifically evading receiving a notice, which stated to sell a share in a shared apartment. As a result, the owner of the share wishing her to sell to a third party cannot register a deal, since he has no written refusal of other apartment owners, nor confirm the fact that they received a notice of intent to sell a share.
It is even more difficult to the situation when the owner of the alienated share does not know the addresses of the location of other owners, and, therefore, cannot send them a written notice. In this case, the law allows you to send a written notice to the latest address known to him. However, in this case, it is impossible to exclude the fact that owners of other shares will attempt to challenge the legitimacy of the transaction for the sale of a share in a shared apartment, contacting the court.
In these cases, the seller of the share is recommended to collect as much written evidence as possible that he has done all of him and has taken all possible measures to inform all owners of the shared housing about its intention to sell a share. This will help him prove in court his right to sell the share of an outsider in the event of a dispute.
There are such cases when other owners of share ownership deliberately delay the sales process. To do this, they agree to buy a share, not going to buy it.
In some difficult cases, when the owner of the share for any reason cannot be sold its part of real estate, the following sales schemes are used:
- appeal to the court demanding to redeem its share. The law admits that in case of the impossibility of sharing a shared apartment (for example, in one-room apartment), which is in equity ownership, the owner of a smaller share can in court, in the absence of an agreement, to demand from another owner of the redemption of his share;
- proceed for a gift. The complexity of the design of the sale of a share in the apartment led to the fact that the sellers are forced to make this transaction under the guise of donation, since the owner of the share with her donation should not notify other shareholders. In this case, the parties of the sale signed the donation agreement, and the money is transferred or directly to the seller, or through the depositary banking cell.
Other participants in share ownership may try to challenge this transaction in court, but, in practice, it will be very difficult for them to prove that it was precisely the sale of a part of the share ownership, not a donation. However, using this scheme, it must be remembered that in the gift there will be a duty to pay a tax on donation.
Another option that minimizes the possibility of challenging the transaction is to "give" a small part of the share to the buyer (for example, several square meters), and then offer him as one of the owners of the shared apartment, to buy the remainder.
A similar option for selling a part in the share ownership is the use of a pledge agreement when the buyer documented the mortgagee of this share and receives it as a result of the "non-fulfillment" by the debtor (seller of the share) of the duty to pay duty.
Using the schema, the seller and the buyer of the share in the apartment in the apartment ownership should not forget that these transactions are still recognized by the court.
Thus, the most complicated share in the shared apartment is notified of other owners and compliance with their preferential redemption right to redeem this share in common property. After the rest of the shareholders agreed or refused to redeem the proportion, the market of buying and selling a share of nothing differs from the sale of the entire apartment.
Comments (115)
Ilyas | 2017/10/01
Hello! There is the following situation - 2 room apartment. Two shareholders. One of the degrees wants to sell his share. The second prolonnel is a minor child, his guardian is the mother's mother's mother's brother's wife. Can pre offer a minor child Influence the sale of property share? How can you agree with guardian and is it possible at all? Thank you!
admin | 2017/10/09
Hello Ilyas! This fact is that a minor child is a second participant of equity ownership, does not impede another owner to sell his share. Nevertheless, in this situation, the seller must comply with the right of the second shareholder for a predominant purchase - that is, the seller of the share is obliged to send the legal representatives of the minor (that is, the mother) notification with the proposal to buy a share. In the event of a refusal or absence of an answer, the owner of the share will be able to sell its share of an unauthorized person without any obstacles.
Ilya | 2017/10/23
Hello. Bought an apartment less than a year ago. The apartment acquired in three shares. One of the owners wants to sell his strange
without the consent of other owners. Can he do this if the apartment acquired in the share ownership of less than a year ago? Thank you.
admin | 2017/11/03.
Hello Ilya! The remaining participants in share ownership have preferential right of purchase in accordance with Art. 250. Civil Code RF. In case of non-compliance with the implementation of this right and the sale of the share of a foreign person, this purchase and sale transaction may be challenged in court.
Vitaly | 2017/11/20.
Good day.
I have 1 \\ 4 share in the apartment. I sell one of the participants in the overall ownership of this apartment. The remaining participants are notified and did not show the desire to acquire a share. I was told to MFC that the contract of sale should be sure to assure notaries. It seems like a transaction of alienation with general property. I repeat I sell a share of one of the 4 participants of the total ownership, I do not sell "to the side"
And at the same time all seeds. Question: Does notarize such a transaction or maybe a simple written form?
admin | 2017/11/30
Hello Vitaly! In accordance with recent changes in legislation, transactions on the alienation of shares in the right of common ownership real estateIncluding with the alienation by all participants in the share ownership of their shares on one transaction, are subject to a notarial certificate (introduced by Federal Law N 172-FZ).
Anton | 2017/11/28.
Hello. Two people own an apartment in equal shares (50% -50%), they are going to sell it. They negotiate that one will receive 60%, and the second 40% of the transaction amount. How is it correctly executed legally? How do this information contribute to the contract when receiving an advance from the buyer?
admin | 2017/12/09.
Hello Anton! When determining the price of the apartment in the contract, you just need to register in the text of the contract, that the share of one seller is estimated at a certain amount, and the share of the second seller is to another. It is better to specify specific amounts that should be listed by the buyer to each of the sellers.
Marina | 2018/03/08.
Hello, my neighbor decided to sell his stake in the apartment, I am ready to buy it, but it requires money right away, but I need time to make a mortgage with maternal capital. Can he refuse me? And sell someone else's people?
admin | 2018/03/20.
Hello Marina! If the notification of sale you received does not contain specific essential sales conditions (for example, selling only for cash), your neighbor is not entitled to alienate this stake in the apartment to third parties before receiving a written refusal from you.
Snoyia | 2018/03/20.
Do banks buy a share in the apartment? In which case it is possible and what banks can buy a stake in the apartment?
admin | 2018/03/27
Hello Snoye! By the nature of their activities, the Bank is a financial and credit organization and is not engaged in buying and selling real estate. Exception - issuance mortgage loans For the purchase of real estate. Including, in a share in the apartment. Real estate sales by implementing banks can be engaged in the case of improper execution by borrowers of credit obligations. Many banks cooperate with residential lending agencies, including real estate services.
Elnura | 2018/09/09
Hello, the situation is such 6 owners in the apartment, each share of 1/7, these five people want to sell an apartment, and one, since he has a mistake in the passport, made a mistake in the name, and he should be sued that man is the same, Does not want to do this !! She says that there is no time to do in such a situation ???
admin | 2018/09/21
Hello Elnura! Since the person you specified has preferential purchase right, the remaining owners are obliged to send him a written proposal to buy a share through the notary. If there is no consent or refusal to buy within 30 days, the remaining owners are entitled to sell their shares to an outsider / persons.
Anna | 2018/11/29.
Hello, one-room apartment, three owners: I, child and ex-husband. I want to sell my stake. Former husband disagree to buy. Money from sale will go to improve housing conditions The house under construction under which the share of the child will be highlighted. I will sell my share to a third party. The feet in the apartment does not live.
admin | 2018/12/09
Hello Anna! Yes, you can sell a stake in the apartment to an outsider, but before the sale you will need to get the consent of the guardianship authorities for the sale of a share of a minor, as well as notify in writing through the notary former husband About your intention to sell a share (implementation of the preemptive right of purchase). In the event of the refusal of your former spouse in acquiring a share, you can already sell a share of a strangers.
If the apartment is divided into a share, there is always the possibility that someone from the owners will want to sell its part of the housing. The rest is such a sale, nothing good is promulit. What can be done to prevent the apartment turning into a communal service?
Recently in the Moscow district of Perovo conflict between residents municipal apartment ended with murder. Preceded the criminal incident for the sale of a share. The usual two-room has turned into a communal service after the former spouses divorced. The wife and son sold their shares to new owners who organized an unbearable life to the old owner: a man was not allowed to the kitchen and in the bathroom and in every way survived from the apartment. He could not stand and captured the neighbor in the hostage, and then shot.
Transactions with shares are often associated with conflicts that arise before, and after the sale of a share. It is especially difficult to those owners who remain in the apartment where other people are alleged. Is it possible to prevent the sale of a share?
Is it possible to prohibit the co-owner to sell a stake?
Today, housing owners have the opportunity to control transactions with its real estate. To do this, contact the USRP and write an application for prohibit transactions without personal participation. Unfortunately, in the case of the sale of the share of the apartment, such a statement will not help.
"The prohibition of transactions without personal participation concerns only the share owned by the owner. Will affect such a statement on the co-owner, "explains Elena Medvedev, the head of the office" On Alekseevskaya "" Miel-Network of Real Estate Offices ".
So, if the share of the apartment belongs not to you, you will not be able to prohibit its compubination of its sale. However, the law still protects your rights: you have preferential purchase right.
What gives the co-owner preferential right of purchase?
If you own, let's say, two third stakes in the apartment, and the other third belongs to another owner, then he must inform you about their intention to sell part of the apartment first.
The essence of the preferential purchase explains the lawyer of Penny Lane Realty Boris Barutin: "The seller of the share is obliged to notify the rest of the co-owners (shareholders) in writing about the intention to sell its share to a third party indicating the price and conditions of the upcoming transaction. Provided, if within 30 days, the co-owners (shareholders) did not express the desire to acquire an alienated share, the seller has the right to sell his share to a third party. If this requirement is non-compliance with the shareholders who have not notified for the sale, can recognize this transaction invalid. "
So, only if during 30 days you did not respond to this letter or refused our preemptive right, the co-owner will be able to offer its share to third parties at the same price. If these rules are violated, the sale deal can be challenged in court.
How will the notarization certificate of the transaction on the alienation of the share?
From 01/01/2017, transactions for the sale of shares are additionally protected - from this date the federal law "On Real Estate Registration" provides for new rules. If earlier the contract of sale of the share could be concluded in a simple writing, now such transactions are subject to a notarized certificate, which makes them more transparent and protected. The notification of the co-owners (shareholders) about the sale now occurs with the direct participation of the notary, which controls the process. Thus, all owners have full price information and terms of sale.
As Boris Baryutin explains, there were previously unclean citizens (sellers and buyers) had the possibility of fraud in the implementation of transactions on the alienation of shares, while the remaining shareholders could not be aware of the sale. For example, unscrupulous buyers widely used the practice of buying a share without the actual notification of other shareholders. This gave rise to a number of crimes: without the knowledge of the shareholders or with a fictitious design of notifications about selling a new owner in the apartment. He did the life of the remaining tenants unbearable, thusing to sell shares in apartments at substantially lowered prices.
When selling a share through the notary, the risk of being deceived by the co-owners decreased. All participants in the transaction acquired great legal security, and the transaction itself became more transparent.
What to do with a share in the event of a conflict of owners?
Typically, problems associated with selling shares occur after conflicts and quarrels.
"One of the most problematic situations in real estate is when the apartments are in a quarrel and try not to settle the situation, but on the contrary to harm each other," says Alexander Lunin, lead manager of the Secondary Housing Department of the Azbuka Housing Real Estate. According to the expert, the heirs are most often quarreled. main reason - non-evidence that arises, as a rule, at the time of acquiring inheritance. Less often there are situations where the conflict began during the life of the testator. In any case, the question arises: what to do with a share? It is impossible to agree on sale, it is also difficult to use the apartment, I don't want to sell for a snot.
"In this situation, the only proper decision is to appeal to the real estate expert, Alexander Lunin advises. - First, the agent is a person is always neutral and not interested in the point of view of inheritance. It will be easier for him to negotiate with opposing parties. Secondly, the sale of a share in the apartment always suggests a large discount, at least 50% of its real value. The apartment sold entirely will cost more. The agent will immediately be able to orient on the market, perhaps the option that he will propose will suit both parties. "
