How to get a share in a privatized apartment

05.05.

2018

in order to get your share in the apartment, the easiest way is to sell it to co-owners or third parties, but subject to a special procedure: - first invite the co-owners to buy out your share, since they have been given a pre-emptive right to purchase; - then notify them of your intention to sell the share to a third party in writing indicating the terms of sale; - if within 1 month other owners of the apartment do not purchase your share, then you have the right to sell it to any interested person.

Sale of a share in a privatized apartment

Privatization of an apartment involves the transfer of ownership of real estate from the state to individuals or organizations. Shared ownership can be assigned both to citizens who are related to each other, and to strangers.

Sell ​​a share in an apartment

In a privatized apartment, it is just as possible to sell an existing share as in apartments received by inheritance, by court decision, by deed of gift, etc. Even if such a share is not allocated in kind.

A completely different question is how will the buyer use the purchased share if it is not determined what to use? But there is a reasonable answer - the buyer buys such a share at approximately half the market price and plans his further actions himself. If it is a third party.

Therefore, you can sell a share in a privatized apartment, but at what price you need to think seriously before offering it to your neighbors or putting it up for sale.

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Tip 1: How to get a share in a privatized apartment

If the housing that is provided to citizens under social rental contracts is the property of municipalities, then the actual owner of service apartments is the enterprise or organization where the tenant works. A service apartment is allocated to him by this organization on the basis of temporary residence for the period of validity of the employment contract.

Such apartments are on the balance sheet of this organization and are residential premises of its specialized housing stock. In the documents confirming the rights of the tenant, a mark is placed on the status of such an apartment - “official”.

The Housing Code, in part 3 of Article 104, stipulates the rental period for such an apartment, which cannot exceed the employee’s service life specified in his contract or employment agreement.

How to sell a share in a privatized apartment

The second option is more likely to refer to the tricks of the seller. Some, in order to avoid hassle with a warning, draw up an exchange instead of a sales contract.

It is categorically not recommended to do this: the rules regarding advantages will apply to me.

This is due to the fact that the legislator proceeded from the desire to either preserve the circle of co-owners, or to help ensure that their circle gradually narrows. Therefore, even in the case of exchange, the stranger must first obtain the consent of the existing owners.

Is it possible to privatize only your part of the apartment? Pros and cons of sharing shares

• residents' passports;
• technical passport of the living space from the BTI and 2 copies of it, certified by a notary;
• social rent agreement, 2 copies;
• a notarized waiver may be required for persons who also live in the privatized territory, but have renounced this in favor of other participants;
• To carry out free privatization, you will need a document confirming that such an action has not been performed before.

How to properly sell shares in a privatized apartment? Schemes, nuances of execution of transactions and documents

1. Sending notice to other co-owners.
2. Receiving from them a written refusal to purchase within a month.
3. Obtaining consent to purchase from a relative if he is one of the co-owners.

   If not included, notify the relative about the possibility of concluding a transaction.

4. Drawing up a purchase and sale agreement.
5. Drawing up a transfer and acceptance certificate.
6. Registration of documents in Rosreestr.

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Housing Consultant

• Passports of the parties to the transaction.
• Title documents for the owner’s share, highlighting its size and indicating the total area of ​​the living space.
• Certificate from the BTI about the cost of housing.
• Statement of the presence or absence of utility debts.
• Extract from the house register about registered persons. An extract from the house register can be downloaded: [Sample extract from the house register].
• Explanation of the Unified State Register of Encumbrances. Sample extract: [Sample extract from the Unified State Register].
• If a minor child is present in the premises, the consent of the guardianship and trusteeship authorities.
• Documented refusal of all owners of the remaining shares if they do not want to buy the property.

Schemes for selling a share in an apartment

The pitfalls of this stage are such that the co-owners of a privatized apartment regard their priority right of redemption as “permission to sell.”

Based on this, they are trying in every possible way to evade the notification letter about the proposed sale of part of the apartment, and since the permission to sell in this case is their consent to the written notification, the state registration of the transaction may not take place without this.

How to get a share of an apartment

If the shares are determined by the court, the court will proceed from the presumption of equality of the spouses’ shares in the common property (Part 1 of Article 245 of the Civil Code of the Russian Federation).

If the wife wants to ensure that her share in the ownership of the apartment is more than 50%, she must provide the court with relevant evidence, depending on the circumstances of the case, for example, a certificate of her high income in the period immediately preceding the purchase of the apartment and evidence of that at the same time the spouse was not employed and was undergoing treatment for alcoholism; evidence that the wife, at her own expense, made inseparable improvements in the apartment (Part 2 of Article 245 of the Civil Code of the Russian Federation) and so on.

How to get a share in a privatized apartment Link to main publication

Allocation of a share in a privatized apartment

Each participant in joint ownership can allocate a share in a privatized apartment. This is provided for by the Civil Code of the Russian Federation. The size of the share of each co-owner must be determined in advance so that their property rights are not infringed.

Owner's rights

The main nuances of allocating a share in accordance with the Civil Code of the Russian Federation:

• Each participant in shared ownership has the right to allocate a share from the common property.
• Property in shared ownership can be divided by voluntary agreement.
• The agreement may be changed in the future with the consent of all shareholders.
• If such an agreement has not been reached, the participant has the right to demand the implementation of his property rights in court.
• One of the owners has the right to receive monetary compensation from other participants if it is not possible to allocate a share in kind due to damage to other participants or due to a legal prohibition.
• Monetary compensation is possible only with the consent of the participant, with the exception of certain cases.
• The owner has the right to monetary compensation for the disproportionality of the allocated property.
• The shares of participants are recognized as equal, unless otherwise provided by law.
• A share in kind is allocated only if technically possible.

Definition of shares

It is very simple to calculate the area that is required by law for each apartment owner. To do this, you need to divide the total area by the number of people. This method works in any case, unless otherwise provided by law.

Exceptions are possible in situations where the owner, at his own expense, has made repairs to the premises or made other inseparable improvements. In this case, he has the right to increase his share in accordance with the funds spent.

If housing was privatized by spouses during marriage, they own equal shares. All children also have the right to equal shares of real estate. Exceptions can be made if the corresponding clauses are in the marriage contract. If only one of the spouses privatized the apartment, he is its sole owner.

After determining the shares, the co-owners can divide all personal accounts to pay for utilities.

Procedure

The procedure itself consists of two main stages:

1. Determination of shares. If the owners were able to do this voluntarily, they sign the agreement. Otherwise you will have to go to court. The agreement is signed by all parties to the agreement. It may be changed in the future by general agreement. The document can be certified by a notary, but this is not necessary.
2. State registration of property rights in Rosreestr.

For state registration you will need the following documents:

• Passports of all owners. For a minor child - a birth certificate. Separate copies of birth certificates must be made for all children.
• Title documents for the apartment.
• Voluntary agreement. One copy for each of the parties to the transaction, one additional copy for storage in Rosreestr.

Download the agreement on the allocation of a share in the apartment (sample)

State registration also requires payment of a fee. It is divided in equal parts among all participants in the transaction.

After submitting the application, registration of the right is carried out within 10 days. Documents are stored for issue for 1 month, after which they are sent to the archive.

The standard agreement specifies the following information:

• Passport details of the parties to the agreement.
• Address of the house, area of ​​the apartment (general and residential), number of rooms.
• Cadastral number of the apartment.
• Size of shares.
• Information on encumbrances imposed on living space.

Section options

There are two options for allocating a share:

1. Actually. It should be understood that in this case the apartment actually turns into a communal one. Each owner can not only use his share, but sell it or exchange it for another living space. In this case, complete strangers will live in the apartment.
2. In monetary terms. The remaining owners compensate the cost of the share to the relative who wishes to allocate it.

Allocation order:

• Negotiable. It is carried out by voluntary agreement of all owners of living space.
• Judicially.

Allocation in kind

Such a division of living space between owners is possible only if the layout of the apartment allows various auxiliary rooms (such as a kitchen, corridor, bathroom) to be transferred to separate use, as well as a separate entrance to the room.

If such a possibility does not exist, the procedure for joint use of common property can be determined in court.

When one of the co-owners gets control of an isolated part of the apartment, he loses the right to use the rest of the living space.

As practice shows, the layout of most domestic apartments does not allow for a separate entrance and separate use of the kitchen and bathroom. Therefore, most often the court makes a decision to allocate isolated rooms to each owner, while the common premises remain in shared ownership.

The allocation of a share in kind is carried out only if this is possible in practice. For example, this is impossible in a one-room apartment, since each of the owners will not be able to get an isolated room.

Download the agreement on the allocation of a share in kind (sample)

Allocation in monetary terms

The easiest way to do this is by voluntary agreement. In this case, one of the owners buys out the share of the others and becomes the sole owner of the apartment.

The court may order monetary compensation to be paid to the owner even without his consent. This is done in cases where the share required by law is too small. In such a situation, it is impossible to allocate an isolated room, since its area is much larger than required, and the rights of other owners will be infringed.

After receiving material compensation, the citizen is deprived of all property rights to a share in the real estate.

Shared privatization of an apartment: grounds, methods, pros and cons | Lawyer

Privatization of an apartment by shares has its own characteristics. What procedure for shared privatization of an apartment does the law provide? How can you dispose of your share in the apartment? What is the child’s share in the privatization of the apartment? Is it possible to privatize a share in an apartment without the consent of the property owner? Read about this in our article.

What is shared privatization of an apartment? This is a procedure that involves allocating an equal share in the residential premises to each of the residents living in it. The possibility of shared privatization eliminates the need to divide property in court, for example, in the event of a divorce, and also avoids many disputes and conflicts associated with civil transactions (purchase and sale, donation, etc.). In this case, you just need to notify the other apartment owners about the conclusion of the transaction, and you don’t have to get their consent. However, it is worth noting that all co-owners of the apartment have a pre-emptive right to purchase your share, and only if they refuse can you sell the share in the apartment to another person.

Important! If the owner of the share does not notify other owners of the conclusion of the transaction, the latter have the right to declare the transaction invalid in court.

Shared privatization of an apartment provides for the transfer of municipal property into the ownership of the tenant if he lives with his family in this premises under the terms of a social tenancy agreement. Shareholders have the right to count either on the sale of their share or on compensation, which is possible only with the consent of the person who wants to receive their share.

However, if the owner’s share is insignificant, cannot be separated and he does not have a significant interest in the use of the common property, then the court may, even in the absence of the consent of this owner, oblige the remaining participants in the shared ownership to pay him compensation.

Upon receipt of compensation, the owner loses the right to a share in the common property.

Types of housing ownership: shared privatization

Home ownership can be of two types:

• Private property (common, individual) . The procedure for privatizing an apartment into private ownership presupposes the ownership of certain real estate by a specific person. It can be the property of one owner (individual), an individual or legal entity, or two or more persons (common). Common property includes, for example, residential premises that are the property of the state or municipality. Community property provides for the division of property into equal shares, for example, if we are talking about the property of spouses who bought real estate during marriage (Article 256 of the Civil Code of the Russian Federation).
• Joint ownership (common or shared). This type of property includes common property that does not involve division into shares. As a rule, joint ownership arises, for example, when spouses purchase and privatize an apartment. If a family lives in an apartment that is legally a shared property, it is permitted to own and use such housing with the consent of all co-owners; in the absence of such consent, the right to use real estate can be obtained in court.

In the case of shared privatization, the division of the apartment is carried out in equal shares, taking into account the interests of all participants, including the interests of minor children.

The allocation of the child's share in the privatization of the apartment is a mandatory condition, violation of which will entail an unconditional refusal to issue the appropriate permit by the guardianship and trusteeship authorities and, accordingly, further refusal to privatize.

If one of the family members refuses to take part in the shared privatization of the apartment, the person who refused must submit a relevant document certified by a notary. Next, the share of the person who refused will be divided among the rest of the family members. A person who has previously taken part in the privatization of an apartment must submit documents confirming this fact.

Is it possible to privatize and sell a share in an apartment without the consent of the co-owners?

A person who is a participant in shared privatization has the right to sell his share after previously informing the other co-owners about it. The seller of the share is obliged to notify about the transaction no later than one month before concluding the purchase and sale agreement. If the sale of a share is carried out to one of the co-owners, the seller has the right not to notify the remaining family members about this.

Privatization of a share in an apartment through the court

Privatization of a shared ownership apartment is possible through the courts. However, first of all, it is necessary to allocate equal shares for each family member, then contact a notary with an application for the allocation of shares with the provision of an apartment privatization agreement.

If an agreement between family members could not be reached (for example, if we are talking about the privatization of the share of a deceased family member in an apartment), the procedure for allocating a share in the apartment provides for this action to be carried out through the court, where a statement of claim is filed with the provision of a package of documents:

1. title documents for the apartment (purchase and sale agreement, if the apartment was purchased, act of acceptance of the transfer of real estate; gift agreement; will);
2. extract from the house register;
3. cadastral passport of a residential premises (from the BTI);
4. receipt of payment of state duty.

The period for consideration of a claim for privatization of a shared ownership apartment is one month. Then, based on the decision made on privatization and the procedure for using the residential premises, family members need to contact the housing management company to carry out the procedure for dividing utility bills by the number of people living in the apartment.

Shared privatization of an apartment: advantages and disadvantages

Shared privatization of an apartment has a number of main advantages, including the transfer of the residential premises into your private property, which subsequently gives you the right to dispose of shares at your own discretion, in particular: sell, donate, transfer by inheritance according to a will, rent out. In addition, having a privatized share in an apartment makes it possible to obtain a loan secured by real estate. If we talk about the disadvantages of shared privatization, it is worth noting that this procedure will not be particularly profitable and convenient for single and elderly people, since privatization of a share in an apartment involves paying real estate taxes and housing and communal services. In addition, privatization of a share in an apartment can become a source of disputes and conflicts between family members, which can only be resolved in court.

Shared privatization: check out from the apartment

In judicial practice, questions often arise that require detailed clarification. For example:

• Extract of a citizen from a privatized apartment. In accordance with the Federal Law “On Privatization,” a citizen discharged from a privatized apartment does not lose ownership of the share. In fact, the citizen is a co-owner of the apartment, so he can only be discharged at his own request or through the court.
• In the event of the death of the owner of the share. To resolve this issue, first of all, the heirs must contact a notary to open an inheritance case. In the event of the death of the owner of the apartment before privatization, it is necessary to apply to the court with a statement of claim for recognition of ownership rights through inheritance. Shared use of the apartment will only be possible if all co-owners sign an agreement.

Obtaining a certificate of inheritance and further registration of ownership of the inherited property, in particular a share in an apartment, is possible after six months after the death of the testator.

How to get a share in a privatized apartment

The legislation of the Russian Federation allows privatized housing to be divided into shares. Initially, the procedure for this operation depends on the owner of the apartment.

If the entire apartment belongs to one owner, he has the right to sell or donate both the entire apartment and a share in it to any person. If the apartment is owned by several persons in shares (most often this happens in the case of inheritance of the apartment), each owner of the share can dispose of it at his own discretion.

In the case of selling a share of an apartment, each of its co-owners has an advantage over the right to purchase another share, therefore, when selling, it is necessary first of all to notify the other owner and offer him to buy out the share.

In case you decide to give someone your share in a privatized apartment, this rule does not apply.

However, choosing the right course of action and definitely determining what documents need to be prepared can be difficult on your own. Highly qualified specialists can help with this.

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Privatization of an apartment

Housing privatization is the transfer of property rights by the state to private individuals. During the privatization process, everyone who lives in the apartment becomes its co-owner. At the same time, each person is provided with equal shares of housing.

If minors or incapacitated residents live in an apartment, their rights are represented by capable people and are controlled by the state by guardianship authorities.

Share privatization has its positive and negative aspects. For example, the positive aspects include:

• guarantee of the rights of any family member to a share of property;
• all expenses for maintenance and payment of taxes are divided among all participants;
• the right of any of the co-owners to dispose of their share is preserved, regardless of the circumstances of the allocation of this share.

The negative aspects of privatization should also be noted:

• the risk of controversial issues arising between co-owners;
• impossibility of mortgaging privatized housing;
• the emergence of certain difficulties in protecting the rights of a minor co-owner.

Thus, if you decide to privatize an apartment, you need to weigh all the pros and cons. In the future, if you transfer the share of ownership to one of the co-owners, these inconveniences can be avoided.

But remember that a lending institution will not accept an apartment as collateral if minor children participated in the privatization.

Citizens have the right to claim part of a privatized apartment under the following circumstances:

• if there is registration in the apartment at the place of residence during its privatization;
• when inheriting by will or as a successor after the death of the owner (Section V of the Civil Code of the Russian Federation);
• if there is a deed of donation from the owner of the apartment;
• when purchasing a share of an apartment for a fee.

Ways to divide an apartment into shares

There are various options for dividing shared property. It is also possible to allocate the share of one of the owners; in this case, the owner loses the right to his share in the apartment.

Let's look at three main methods.

1. Conclude an agreement to divide the apartment into shares. Ownership of housing is divided into shared (the shares have already been determined, and each owner has a document confirming the right to a specific share) or joint (in this case the shares are not determined).

Such types of property as property in dacha communities or farms, as well as property of spouses acquired during marriage, are joint property. An exception arises if there is a marriage contract or an agreement on the division of property.

If maternity capital is used to purchase real estate, it is also necessary to divide the shares in the apartment between the children and the spouse. Shares are determined upon repayment of the loan. The size of shares is not limited by law.

1. Draw up a marriage contract. Referring to this document, it will be easier for spouses to divide different types of property: shared, joint, or individual. The marriage contract is certified by a notary and does not lose legal force until property disputes are resolved.
2. Decide in court. The ownership of a privatized apartment can be assigned to one person, but in some cases it is possible to sue the owner for a share in the privatized apartment. For example, if housing was purchased by spouses during marriage, but ownership was registered only for one of them. During the divorce process, the court, on the basis of Article 256 of the Civil Code of the Russian Federation, will allocate a share to the spouse who did not become a co-owner when registering the rights to this apartment.

Determining the size of the share is necessary for any division of property. For example, when collecting property from a debtor (according to Article 255 of the Civil Code of the Russian Federation), if he is a co-owner of joint property.

Procedure for obtaining a share

First of all, it is necessary to register the rights to a share in the apartment. This usually happens in the following order:

1. Collect documents (originals only): registration certificate with explanation and apartment plan.
2. Submit a package of documents for the apartment along with identification documents to the registration authority.
3. Check the legality of registration with a Rosreestr employee.
4. Obtain an owner's certificate.

• Sources:
• Civil Code of the Russian Federation Article 256. Common property of spouses
• Civil Code of the Russian Federation Article 255. Foreclosure of a share in common property
• Civil Code of the Russian Federation Section V. Inheritance law

How to get a share from a privatized apartment? — Pravoved.RU

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Good afternoon Please tell me where and how I can ask for help, where to go first. My father recently died, from whom my mother divorced long ago.

He had a 3-room apartment that was privatized in half for him and me. I only have a copy of this document left. He signed his entire will, and his half of the apartment, to his second son (he is 19 years old) from his second wife.

How can I get my share of money from this apartment? what documents are needed?

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Lawyers' answers (2)

How to get a share from a privatized apartment Good afternoon! Please tell me where and how I can ask for help, where to go first. My father recently died, from whom my mother divorced long ago. He had a 3-room apartment that was privatized in half for him and me. I only have a copy of this document left. He signed his entire will, and his half of the apartment, to his second son (he is 19 years old) from his second wife.

How can I get my share of money from this apartment? what documents are needed? Alexander

Hello,

Do you know that the second son accepted the inheritance under the will? if not, then you can accept it. As for your share, you cannot simply receive money for it. You are the owner of the share and in order to get money for it, you need to sell it.

First of all, you need to offer it to another owner and if he refuses, then look for buyers on the real estate market. As for documents, you need to contact Rosreestr with an application to receive an extract at the apartment address.

If the information is in the register, then you can order duplicates of documents you do not have.

Otherwise, you will need to contact the authorized government agency of your city, which, on behalf of the state, is involved in the transfer of residential premises into the ownership of citizens through privatization (for example, in Moscow this is the state property department. For you, this may be the city administration).

I advise you to contact a notary before the expiration of 6 months from the date of your father’s death and write an application to enter into an inheritance after his death. You will find out from the notary whether there is a will in the name of your brother, if it exists at all.

Perhaps you have the right to an obligatory share in your father’s inheritance even if there is a will in someone else’s name, for example, you have a disability or incapacity for work for other reasons - inform the notary about this.

With a copy of the document on ownership, contact Rosreestr and ask for a duplicate certificate of title, as well as an extract from the register of rights about registered rights to your apartment - all owners will be indicated in it, i.e. You and your father.

You will not receive a share in money from this apartment, unless the owner of the other share wants to buy it from you. If he doesn’t want to, then look for other buyers and make a purchase and sale transaction. It is impossible to oblige anyone to buy your share in the apartment from you! You have no other way to receive money for your share in the apartment.

Rules for selling a share in a non-privatized apartment and registration procedure | Housing consultant

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Content

Before the privatization of residential premises, the participants in the procedure are determined and the shares in which the living space will be divided are determined. Both adult citizens and minor children can become owners.

When issuing a certificate of ownership of a property share, the document specifies its size and the area of ​​the premises that the owner can dispose of. Owning a share in a privatized apartment gives the owner certain rights and imposes a number of obligations.

It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

Call and solve your problem right now - it's fast and free!

Rights should be understood as:

• The shared owner has the right to use common premises: kitchen, hallway, bathroom, corridor.
• The owner can register any citizen at his discretion in his living space.
• The owner has the right to perform any actions with his share that do not contradict the laws: purchase and sale, donation, barter.

It is permissible to use a share as collateral for a loan.

Attention. If you have any questions, you can consult a lawyer for free by phone: +7 (499) 553-09-05 in Moscow, +7 (812) 448-61-02 in St. Petersburg, +7 (800) 550-38 -47 throughout Russia. Calls are accepted 24 hours a day. Call and solve your problem. It's fast and convenient.

In addition to the rights, the owner must fulfill the conditions and obligations that arise after registering a share in the property:

• First of all, the owner must pay utility bills and taxes for individuals.
• To complete a transaction with property, the owner is required to obtain the consent of the owners of other parts of the premises.
• When selling, the owner, by law, must first offer to buy out his share to other co-owners at the same price.
• The shared owner is obliged to maintain the home in proper condition.

In case of violation of the rights of the owner or failure to fulfill his obligations, the Housing Code provides for certain measures aimed at regulating these legal relations.

Conditions for selling a share in a privatized apartment

Since a share in a privatized apartment is the personal property of the owner, belonging to him by right of ownership, he can dispose of it at his own discretion and, accordingly, complete a purchase and sale transaction. The rules for selling a share in a privatized apartment require compliance with certain requirements and the fulfillment of a number of conditions.

In order to sell his part of the residential premises, the owner must obtain the consent or refusal of the owners of the remaining parts.

Before selling a share in a privatized apartment, the owner must offer to buy it out to the other owners. In case of refusal, it is necessary to draw up an official document, which will be mandatory when concluding a transaction with another buyer.

When selling the share of a minor child, you will need to obtain the consent of the guardianship and trusteeship service. In case of allocation of a share, an expert assessment of the property will be required.

The procedure for selling a share in a privatized apartment

The sale of a share in a privatized apartment is carried out in accordance with the established registration procedure :

1. The owner of the share determines the value of his property and finds a buyer.
2. Before entering into a purchase agreement, he must notify the remaining owners of the future sale in writing.
3. Within a month, the remaining owners decide to buy the property.
4. If they agree to buy out, the seller must transfer their share to them at the price that was offered to the original buyer.
5. If the remaining owners decide to refuse to purchase a share, then their refusal must be formalized in writing.
6. Then the transaction is carried out in accordance with the general procedure and is registered in Rosreestr.

List of documents

To sell a share in a privatized apartment, the following documentation will be required:

• Passports of the parties to the transaction.
• Title documents for the owner’s share, highlighting its size and indicating the total area of ​​the living space.
• Certificate from the BTI about the cost of housing.
• Statement of the presence or absence of utility debts.
• Extract from the house register about registered persons. An extract from the house register can be downloaded: [Sample extract from the house register].
• Explanation of the Unified State Register of Encumbrances. Sample extract: [Sample extract from the Unified State Register].
• If a minor child is present in the premises, the consent of the guardianship and trusteeship authorities.
• Documented refusal of all owners of the remaining shares if they do not want to buy the property.

In some cases, additional documents may be required in the form of an appraisal report and technical papers for residential premises.

“Pitfalls” when selling a share in a privatized apartment

When selling a share in a privatized home, it is worth considering a number of nuances that may lead to the transaction being declared invalid. First of all, the sale of the share that belongs to a minor child can become quite problematic.

To carry out a transaction with such property, it is necessary to obtain the consent of the guardianship and trusteeship service, as well as to allocate the shares of all registered citizens through a notary or by going to court. Only after this can the property be sold.

Another point to pay attention to is the value of the property. To do this, you can resort to the services of professional realtors or study the real estate market yourself.

It is extremely important that the purchase and sale agreement is completed properly and that all legal requirements are met, otherwise the transaction will be void.

Special cases of selling a share in a privatized apartment

When selling a share of privatized living space, special cases are distinguished:

1. Sale of a minor’s share in a privatized apartment.
2. Forced allocation of shares upon sale

If the owner of the residential premises includes a minor child (under 18 years of age), the consent of the territorial guardianship and trusteeship authority will be required.

Without this consent, the transaction will be declared invalid. The only exceptions are those cases when the child’s share will be increased. In case of purchase or sale of premises, the consent of the guardianship service is a mandatory requirement.

Consent is provided only in two cases:

• if the child receives a share greater than the previous one or equal to it;
• if the proceeds are placed on deposit and the child will be able to use them after reaching adulthood.

Sometimes, when property is in common ownership among citizens, one of the owners may demand payment of funds for their part. If this is not possible, then he may demand to allocate his share in kind.

The difficulty lies in the fact that in a privatized premises it is almost impossible to allocate a share in the form of an isolated premises and therefore the owner of this part has the legal right to demand that the remaining participants buy out their share. The value of the property is determined by the court, however, in this case some difficulties arise:

1. assessment regarding the cost of the apartment will be required
2. Money for the share can be recovered in installments over a long period of time.

An example of selling a share in a privatized apartment

Tatyana Alekseevna inherited a share in a privatized apartment. The inherited property was divided into three parts and the remaining owners were Tatyana Alexandrovna’s sister and mother.

After some time, the woman needed money for her son’s education, and she decided to sell her share of the apartment. A buyer was found, the sale and purchase transaction was completed, and Tatyana Alekseevna received the funds.

During the registration of the transaction in Rosreestr, the buyer received a refusal. The reason for this was the lack of a document confirming the reluctance of the co-owners to buy out this share.

As a result of this, Tatyana Alexandrovna sent her relatives a written notification about the sale of the share, and they wanted to buy it back. The first purchase agreement was canceled and the buyer received his money back. The woman's brother and sister bought her share and divided it among themselves.

Conclusion

As a result, several conclusions can be formulated:

• The owners of the share have certain rights: making various transactions with the property, using the space, and registering the living space.
• In addition to rights, the owner must fulfill a number of obligations: pay housing and communal services, pay taxes, notify co-owners of future sales (exchanges, donations).
• The law defines a number of conditions and requirements that must be adhered to when buying and selling shared ownership.
• The procedure for selling a share is also determined by law and differs from the general one only in that the co-owners have a pre-emptive right to buy out the offered part and the seller must notify them of this.
• There are different special cases of the sale of shared property: the sale of the share of a minor child or the forced allocation of part of the property in favor of the seller.

Sample forms and applications

To sell a share in a non-privatized apartment, you must fill out the following forms:

List of laws

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How is the inheritance of a share in a privatized apartment carried out after the death of the owner? Registration of ownership

In legal practice, inheritance cases are among the most confusing and time-consuming. Let's try to understand the intricacies of the apartment section according to the law.

In this article we will talk about how a share in an apartment is allocated by inheritance after death and how inheritance is carried out if the apartment is jointly owned?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-65-46. It's fast and free!

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Share in an apartment by inheritance

An apartment is a property that cannot actually be divided. This causes a lot of controversy and difficulties when dividing. How to get a share in an apartment by inheritance?

According to the law, all priority heirs have equal rights to housing and to inherit shares in the apartment . In their absence, the division of the apartment by inheritance can be carried out by heirs of the second stage, etc. up to the seventh. The priority is determined by the degree of relationship and is determined by Art. 1142-1145 ch. 63 Civil Code of the Russian Federation.

Ideally, relatives agree among themselves to transfer ownership to one of them, usually the person living in the apartment, with the condition that their shares are compensated according to market value. In practice, such issues are often resolved in court .

The situation may get worse if one of the heirs is also the owner of a share in the apartment. In this case, the law gives him the pre-emptive right to buy out the remaining shares.

Attention : If one of the heirs lives in the apartment permanently and has no other housing, he also has an advantage over the others and has the right to count on further residence or adequate compensation for his share.

However, it should be remembered that the legislation protects the rights of direct heirs of the first priority if they are disabled. If they wish, they can easily challenge the will in court and receive a guaranteed ½ share due to them by law.

Important : The main condition for the validity of a will is the full legal capacity of the testator.

This formulation essentially means the use of inherited property without the official procedure for accepting the inheritance. Most often it is practiced in relation to non-privatized housing by persons living in the apartment permanently with the deceased .

If we are talking about the inheritance of a share in a privatized apartment, untimely registration of the inheritance is fraught with difficulties when selling the home.

As well as obtaining the necessary certificates, registration of any family members, etc.

Sometimes there is a need to sell your share in an apartment. The law allows this possibility subject to the following conditions :

1. Allocation of your share in fact, if possible. For example, it is realistic to allocate a room in a two- or three-room apartment.

   If this is not possible, determine the procedure for using the living space. Such events are carried out in court.

2. An offer to sell a certain share to the remaining heirs must be in writing.

If the purchase is refused, the heirs are allowed to organize a public sale of their part of the apartment . Obviously, the chances of selling the allocated part of the apartment as a separate room are higher.

For your information : The State Duma is currently developing a bill obliging heirs to sell the apartment within a three-month period from the date of receipt. The proceeds will be shared.

Do you know how to divide a privatized apartment without a will? Let's find out the answer in this video:

Read more about how to register a share in an apartment by inheritance.

Registration of ownership of a share in an apartment by inheritance

The heir becomes the full owner of the share assigned to him only after registering his right in the Unified State Register. How to register a share in an apartment by inheritance?

To register a share in an apartment by inheritance you will need:

1. Obtain from a notary a certificate certifying the right to inheritance.
2. Prepare documents for transfer to the Federal Registration Service (Office of the Federal Registration Service):
   • application requesting state registration;
   • passport;
   • a receipt for payment of the state duty or a document confirming the benefit that exempts you from paying it;
   • certificate of inheritance;
   • an agreement between heirs on the division of housing or a court decision determining the share of each;
   • a document confirming the ownership of the testator’s home;
   • cadastral passport, if the technical condition of the apartment has not changed since its last submission to the registration authorities.
3. Next, all that remains is to wait for the collected documentation to be verified by the authorized bodies and receive a certificate of registration after 10 days.

Important : Registration of a share in an apartment by inheritance requires that copies of all documents must be certified by a notary.

Application form for state registration of real estate rights: for individuals, for legal entities.

Inheritance of a share in a privatized apartment

In order to enter into inheritance rights, it is necessary to submit the following documents to the notary's office within six months after the death of the testator:

• statement of intention to become an heir to a share in the apartment;
• death certificate of the previous owner;
• certificate from the place of residence of the testator;
• a document confirming the relationship with the deceased;
• title documents for the apartment;
• certificate from the BTI about the cost and plan of the apartment;
• an extract from the personal account confirming the absence of debts;
• an extract from the house register listing everything registered.

Application for acceptance of inheritance: form and sample to fill out.

If it was not possible to find a compromise solution during the division, further determination of the shares of each of them and inheritance of the share of the apartment will continue in court.

Note : The heir may renounce his share in favor of another. It is important to know that this decision is irreversible.

The law classifies as common joint property the property of spouses acquired during the period of their cohabitation. Inheritance of an apartment in joint ownership has a characteristic feature due to the impossibility of allocating shares.

Each spouse has the right to all joint property . So, previously, after the death of one of them, the second a priori became the owner of the entire apartment. Since 1996, inheritance has been carried out according to the general procedure.

In this case, the surviving spouse still remains the owner and inherits 1/2 share of the apartment, as the primary heir by law, unless a will is left with a different expression of will.

Advice : If you have a home in joint ownership, you should take care of drawing up a will in advance. This measure will prevent many unnecessary disputes when inheriting a share in an apartment with common shared ownership.

The exception is for persons who have the right to receive income from the works and inventions of the deceased . For them, the inheritance tax on the apartment share will be 13% of the market price of the apartment.

The rest are only charged with paying the state fee to obtain a certificate of inheritance, which will amount to 0.3% of the cost of housing for heirs of the first and second stages and 0.6% for subsequent ones. With one caveat: in the first case, the payment should not exceed 100,000, and in the second - 1 million rubles.

Please note : The state duty is paid by each of the heirs separately.

• Peace and harmony between loved ones can save all participants in cases of inheritance of housing from unnecessary hassle and unnecessary expenses.
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