Mortgage loan for the share of the dwelling, whether and how to take a share of the mortgage in the apartment from relatives

A mortgage for an apartment in Sberbank is only issued under the "Lending for the purchase of a ready-made dwelling" programme.

At the same time, the borrower is required to provide other real estate as collateral or to obtain the consent of all co-owners of the dwelling to encumber it.

Owing to the low liquidity of part of the property, the bank carefully checks the potential applicant to ensure that there is no further difficulty in paying the loan.

What types of equity property are

Under the law, joint property has two types:

1. Common property is an option whereby several persons are considered to own housing and their share is expressed not in square metres but in percentage terms, for example, each member of a family of four owns 1/4 parts of the house.
2. Private property is a variety defined by the specific dimensions expressed in square metres. The owner of the house is entitled only to use square metres allocated to him.

Does Sberbank issue mortgage loans to real estate?

Not all banking institutions lend to purchase a portion of the property, but the bank is willing to take that risk with special care.

When a mortgage is issued, it is not an entire dwelling but only its share; therefore, its liquidity is low; therefore, it may be difficult to enforce; and if a loan is issued for a share in a communal dwelling, then the year of construction and the general condition are taken into account; and in most cases, such a dwelling is old and uninhabited, and it is not accepted as a pledge.

In the case of a flat, there are some difficulties: the bank cannot issue a mortgage for the whole apartment, i.e. the owners of the shares; in such a situation, the borrower is obliged to obtain consent for the imposition of the encumbrance on the entire dwelling, otherwise the loan will be refused.

Mortgage conditions for part of real estate

A loan for a flat is granted under only one programme, "Lending for the purchase of a ready-made dwelling"; secondary market real estate is suitable for registration.

Conditions of extradition:

1. The minimum loan amount is from 300,000 roubles.
2. The maximum amount is 85% of the value of the pledge.
3. The loan period is up to 30 years.
4. The initial contribution is not less than 15%.
5. Interest rate is 10.2%.
6. The mortgage is a loaned dwelling or other real estate.

If the borrower meets the required conditions and meets the basic requirements of the bank, he may apply for a mortgage share of the dwelling.

For what reasons the bank may refuse to issue the equity mortgage

In practice, it is difficult to obtain a mortgage approval from the Robert Bank for a share of the apartment, and most of the denials occur if a person has not previously had any housing rights or already owns the share, but even after the transaction, the loanable property will not be fully owned.

The reason for the negative decision is that the part of the dwelling being purchased has low liquidity; if the borrower is insolvent, the creditor will not be able to recover its losses by realizing real estate.In such situations, experts recommend that a different, more liquid dwelling be issued as collateral.

What documents need to be collected

The mortgage must be provided with:

1. Russian Federation passport with registration mark.
2. Second document (driver ' s certificate, SNIL, INS, international passport).
3. Marriage certificate, birth of children.
4. Bank form or 2-NDFL in the last six months.
5. A copy of the employment record certified by the employer.

After approval, a certificate of initial contribution and a real estate insurance agreement must be produced for the purchase of the housing.

General set-up of the share mortgage

Stages of mortgage application for share in the apartment:

1. You can apply for a loan at the bank's office or at DomClick's official website.
2. Waiting for a decision: Pre-approval is a non-final response. A lender may refuse a loan if fraud is detected in the future or false information is provided.
3. Verification and valuation of real property: The valuer's services are paid by the borrower.
4. Conclusion of a sales contract with the seller.
5. Signature of loan agreement, initial contribution.
6. Real estate registration in Rosreister.

Compared to a full-time dwelling, lending shares is slightly more difficult, especially at the initial stage, i.e. the likelihood of obtaining a favourable decision on the application is very low.

Detail Mortgage Features

The equity mortgage programme is virtually the same as the standard lending procedure, but the creditor provides one feature: it is only possible to purchase the share if all owners agree to a full encumbrance of the dwelling; if the borrower is unable to provide another form of collateral, he or she needs to persuade all tenants to sign an agreement to do so.

The bank ' s significant risk of setting up a share of the dwelling will shift its attention to the borrower and his capacity to pay.If the applicant ' s income is not in accordance with the creditor ' s requirements, the mortgage will be refused.

It is important to bear in mind that the crediting procedure involves some costs:

• Notarized services — from 1,500 roubles;
• Housing/life insurance - 1% (depending on the loan);
• The issuance of property rights, from 2,000 roubles;
• The services of the evaluator are from 3,000 roubles.

Mortgage loan to last interest

The bank is quite loyal to the applicants who buy the last share of the apartment, and the statistics on refusals in this program are much smaller than in any other case.

The option is the preferred one since the consent of all owners is not required for a mortgage, and if the borrower loses the ability to pay, the bank will be able to sell the loan property in a cost-effective manner.

A mortgage for two.

It is a question of attracting a borrower with similar debt obligations, and the bank is loyal to this form of payment, i.e., the second contributor, in most cases, is the next of kin.

The right to own a registered dwelling is determined by the share of the household, and a joint form is provided for the registered family.

Share distribution with borrowers

In the event that the borrower becomes a spouse, he or she automatically becomes the co-owner of part of the estate under the contract, but for relatives or partners, a special agreement must be made; if the relationship was based on full trust, it would be possible to subpoena the portion of the property on the basis of a mortgage receipt.

Reimbursement of a relative ' s share

The law does not provide specific rules for the acquisition of a relative ' s share of the estate; however, in practice, Sberbank is more likely to deny borrowers such an arrangement, and the reason for this decision is the suspicion of fraud; the parties to the transaction may divide the amount received from the bank and hide from the payment of the share of the dwelling.

Buying a room in a communal apartment

The bank is more likely to approve the purchase of the last share of the communal dwelling, but if certain requirements are met, it will also agree to the purchase of one room:

• There is other real estate for bail;
• The purchase of housing is suitable for living;
• Sanitation, sanitation, ventilation, heating and electricity are adequate;
• The size of the space above 12 square metres;
• No wooden closures;
• The building was built after 1970.

Only then will the bank be able to consider an application for a room in a communal apartment.

Favourable conditions for young families

There are no targeted concessional offers to purchase a share of the dwelling at this time, but borrowers can use the Young Family programme as a mortgage for the purchase of secondary housing.

Conditions of participation:

• For two there are 42 square metres and for three there are 18 square metres each;
• The accommodation is in violation of the established sanitary regulations;
• The family lives in the same room as a sick person who is legally required to live separately;
• The age of the participants is below 35 years of age.

A mortgage loan for an apartment in Sberbank is granted only if the conditions of the legislation are met; the applicant can expect a subsidy up to 40 per cent of the cost of the dwelling; the amount of the benefit is determined individually.

Interest return on equity mortgage

Each borrower can make a tax deduction for the purchase of real estate and interest; the maximum amount of property tax is 2 million roubles; the mortgage is 3 million roubles; thus, the borrower can return up to 260,000 roubles from the purchase of housing and 390,000 from the mortgage.

The amount depends on the official earnings of the taxpayer, and the government will not pay the borrower more than he listed earlier.

The applicant can calculate the estimated annual tax deduction by means of an online calculator.

Can you sell your mortgage share?

Real estate can only be realized if the official consent of Sberbank is obtained and a written application must be submitted to the bank office, indicating the objective reasons for the sale of the collateral.

Shouldn't the mortgage be processed?

A loan to buy a share in an apartment is a complex procedure that requires particular precision and attention from the borrower, and from the bank ' s point of view, such a programme is unprofitable because there are significant risks associated with the customer ' s ability to pay and continue to carry out illiquid housing.

If a mortgage is considered by the borrower, several advantages can be highlighted:

• Low housing costs;
• A low interest rate, resulting in a small payment.

Of the shortcomings, it's difficult to process.

Ideally, it is better to consider the full range of apartments or houses.– That way the borrower can protect himself, not just the bank.

Alternative options for purchasing a share of housing

If you get a refusal in Sberbank, you can get a consumer loan and buy a share of the cash. The price of the portion is not as high as that of a full apartment, so the probability of approval is much higher. There is no need to confirm the purpose of the loan. You can get a high interest rate out of the negatives and a small loan period of only five years.

Conclusions

A mortgage for a share in an apartment is a labour-intensive process that requires compliance with all the requirements of the bank.

In most cases, financial institutions do not permit the purchase of only a portion of real estate, but Sberbank is not one of them.

More often than not, the borrower is required to obtain the consent of all owners of the dwelling to full encumbrance or to provide another security facility.

A mortgage is possible for a share of the dwelling, but because of the low liquidity of the share of the dwelling (whether equal or different), the approval process for such an application has a number of nuances as described in this publication.

Mortgage from relatives: buy-back of shares in the apartment and Sberbank

Most families hand over real estate to their loved ones through the giving or processing of inheritance. The mortgage of relatives is not the most common type of transaction that banks make.

The housing offers allow for mortgage housing, but relatives can offer a better price and preferential treatment.

Let's analyse the pros and cons of a domestic transaction through a bank loan.

Features of a mortgage to buy an apartment from close relatives

Financial organizations that receive a request for credit to buy a home from a relative will ask personal questions about the relationship between the seller and the buyer.

Some close individuals do not maintain trust, maintain separate financial budgets or enter into marriage contracts.

But it will be important for the bank to understand whether there will be a situation where the borrower and the seller with the total budget actually lend to themselves. If the mortgage application is fake and submitted for business money, the bank will see a loss of profit at the cost of the loan.

If the bank discovers fraudulent intentions, the minimum problem will be non-payment of credit and blacklisting of borrowers.

However, not all related relationships will be regarded by the bank as a high risk, mainly in the close circle that most often claims to inherit in the event of the death of the owner of the property.

If the house is purchased from relatives, the loan will be more expensive because the mortgage tax cannot be refunded.

Who are close relatives in the bank's opinion

The bank ' s risk-assessment lending policy reviews close relatives on the basis of legislation (the Family Code of the Russian Federation) and checks direct horizontal and vertical links:

• spouse (husband/husband);
• Parents (official adoptive parents);
• Children (including adopted children, not relatives);
• Brothers and sisters (including those who are not full, when the direct blood relative is only the father or mother).
• The guardians and their wards.

The law calls transactions between such relatives interdependent, and the bank will treat the estimated value of the dwelling as suspicious as possible.

For example, if the father has two sons, and one of them wants to buy the parent's apartment into a mortgage, the bank will immediately start to consider the options of a second brother's possible legal claim in the event of bail or his father's death, and even if the son who buys the apartment has a good ability to pay and credit history, he may well be denied.

However, the situation is more favourable in the case of distant relatives: deals with the spouses ' brothers or sisters, as well as the mother-in-law, the father-in-law, the mother-in-law and the mother-in-law, increase the likelihood of a favourable decision on the loan.

Attention! An option that will not be approved under any circumstances is the issuance of a mortgage with a neighbouring relative when the room is the only dwelling, and there will always be a ban on the participation of minor relatives in the transaction.

Which banks lend transactions between close relatives

Individual consideration of complex transactions (which include "family" loans) can be largely financed by large banks with a large pool of lawyers and risk specialists.

List of main banks that are willing to consider intra-family mortgages in rubles (best terms for clients without benefits):

Bank	Time max	Rate min	Initial contribution min	Amount max
Lawyer ' s office	30 years	10,75%	15 %	Moscow, SPb - 30 million. The regions are $15 million.
WTB	30 years	10,1%	10%	60 million
Gasprombank	30 years	10,5%	10%	Moscow, SPb - 60 million. The regions are $45 million.
Ryphazen Bank	30 years	9,99%	17 %	26 million
Sberbank	30 years	10,2%	15 %	85% of valuation value

• Non-listed banks generally refuse to accept a mortgage application between relatives.
• Minimum interest rates and maximum amounts of issuance are granted to customers of banks who receive a fixed income in accounts (wage or deposit storage).
• Types of fines increasing the rate:

• Not confirmation of the purpose of the loan;
• Not confirmation of consent to the modification of the insurance contract;
• Failure to repay part of the loan unless a transfer has been made in respect of the mother ' s capital;
• Lack of or inadequate insurance (the insurance company is not included in the bank ' s trust list);
• Refusal to sign the mortgage and registration of the pledge.

Types of benefits, including reduction rates:

• Participation in a wage project through a bank-creditor;
• Increase in the amount of the first contribution;
• Lowering the amount of the loan below the minimum wage;
• The possibility of attracting multiple borrowers.

Particulars of Mortgage between Close Relatives in Sberbank

If the loan is intended for a relative and classified as a mortgage, the Sberbank staff will offer to fill out a detailed family relationship form; if the risk of claims from the family is identified, the bank may request an additional mortgage that is only owned by the borrower.

In addition to a good interest rate, additional bonuses can be obtained in Sberbank.

The best mortgage interest is payable under the following conditions:

• If you are a member of a wage project;
• In electronic transaction registration;
• In the case of life and health insurance (except for military mortgages).

The Bank has several mortgage programs, which can be considered with the participation of relatives:

• Purchase of ready-made housing (10.2 per cent);
• Purchase of housing under construction, with a change of mortgage within the family (8.5 per cent);
• Buying a house (11.1 per cent);
• With the participation of maternal capital (10.2 per cent);
• Mortgages for military personnel (from 9.5 per cent).

Age limits:

• It is possible to obtain a loan from the age of 21;
• The full repayment of the loan must take place before the age of 75 (the military mortgage is up to 45 years for soldiers under the programme).

Because Sberbank has a good automated database to test borrowers, it makes no sense to try to hide family ties when you get credit.

Buying a share of the apartment from close relatives on mortgage

If it is necessary to buy a relative's share of the apartment, it must be the last one, and after payment, the dwelling must be taken to full ownership.

1. Such loans are considered standard by banks, as the whole apartment will be accepted as collateral and there will be no risk of claims from other owners.
2. It is not possible to buy a share if there are several owners through a mortgage because the bank will not issue collateral for part of the dwelling (low liquidity real estate).
3. When the last share of the dwelling has already been purchased, after authorization by the Pension Fund, it is possible to compensate for part of the cost of the mortgage with maternal capital.

Specific features of a military mortgage in relatives

In spite of strict rules for the issuance of mortgages for military personnel, the choice of the owner of the dwelling to be financed by the State is assessed by the bank and not by the public authority.

The Department of Peacekeeping Operations of the Department of Peacekeeping Operations of the Department of Peacekeeping Operations provides a clear explanation of this issue; in fact, the State pays funds for the purchase of housing for a special purpose soldier to a special bank account and has no risk that the officer will use the budget for other purposes.

Upon approval of the financing of the military mortgage, State officials will check the documents stating that the premises comply with the building, fire, technical and sanitary standards described in the Russian Housing Code (art. 15, para. 2).

It is possible to obtain a military mortgage with the participation of a relative, while checking the seller's relationship with the military is entirely within the competence of the bank, and if the bank considers that the transaction with the relatives is not intended for real ransom, but for long-term payment within the family, then it is possible to refuse.

In the event of a conflict with the family within which the property was sold and a loss of housing, the FGC "Rosepnotek" will not accept any claims from the officer.

Possible reasons for refusal and how to avoid it

In order to increase the chances of approving a transaction, all standard creditworthiness requirements that banks impose on borrowers should be examined.

The most obvious reasons for the refusal and the options to avoid it are:

• The relationship between the spouses, even if they live in a common-law relationship or have a marriage contract, will be further reduced if a minor child grows up in the family, and the possibility of a mortgage is increased if the spouses are officially divorced.
• The purchase of a dwelling, the purchase of a share in an apartment, will raise big questions if parents and children are involved. How to get out is a third person (a very close friend) who is willing to make a deal for himself.
• A mortgage option may have a good chance of buying commercial property from a close relative. If the object is not part of the inheritance and the seller is the sole owner, the relationship will not be an obstacle.

A mortgage for buying or buying from a relative of real estate has its advantages and disadvantages. The closer the blood ties to the seller, the more trouble the mortgage becomes.

Before applying to a bank for a mortgage with family members, it is better to consult a lawyer who works on the website and can tell you the best way out of each individual case.

• For the correct calculation of the budget before a loan application is submitted, it is worth examining all possible costs and familiarizing itself with the current terms of the Sberbank mortgage.
• If this article has been useful and informative, put on barks and distribute it to acquaintances so that bank calls are thoughtful and do not bring unpleasant surprises.

Mortgage to the share of the apartment

Housing loans are available not only for the purchase of an apartment or a separate cottage, but also for a room in a commune or an unallocated share; however, such transactions have many nuances.

So many creditors refuse to deal with buyers of equity property, how to buy a share of the mortgage, what difficulties the buyer may expect and what bank to turn to, we will say in this article.

From a legal point of view, two types of ownership are possible in a multi-owner apartment: equity and allocation.

The difference is that the owner has an empirical fraction of the whole (1/2, 2/3 et cetera), and there is no indication as to which dwellings he owns, most often in the purchase of the dwelling by the spouses or relatives.

The allocated part of the dwelling is a specific room, or several rooms, with separate travellers and their own personal account. Banks are better suited to the designated rooms. In the case of non-payment of credit, such accommodation is easier to sell.

For St. Petersburg, where even in 2018, the number of residents of communes is very high, loans for reserved rooms are not uncommon, and room sellers in communes often write in the characteristics of the room, which is suitable for mortgages and maternal capital.

That means the room is reserved.

There is another option, where part of the real estate is owned by the municipality and given under a social employment contract, and the other part of the premises is allocated and owned by a private person, which would rather scare the bankers away; if the borrower does not pay the loan, the creditor will have to refuse to buy from the municipality, which is time-consuming and paper-based.

Legal subtleties in the sale of shares

The main feature of the share loan is that the bank must have the entire apartment on deposit. The lender does not agree to limit the mortgage to the part purchased: in the case of force majeure, the bank will not be able to sell part of the real estate without the consent of the other owners.

Under the law, the holder of the share before selling his or her property to a third party must take from all his or her associates a notarized refusal to purchase the share.

Within a month, neighbours, owners and employers must waive the priority right to buy or buy a room at the price of the seller; it is easy to collect refusals if the owners are 1-2 and they are always in contact.

But there's a way out of the most difficult situation: even if there's no connection with the co-owner, you can send him a notice to sell the share by mail by registered mail and wait for a month. If the answer from the neighbor doesn't come, it's officially assumed that his silence is equal to rejection, so it's only a matter of time for the bank, but it's still too much trouble for the bank.

It's the easiest way to get a mortgage to buy the last share, for example, a citizen of Ivanov, owner of two thirds of real estate, wants to buy the last third from a citizen of Petrova.

A standard package of documents and an initial contribution of at least 15% of the value of Petrova ' s share will be required to obtain approval from the bank.

After the ransom, Ivan's share will become the sole owner of the dwelling, and the creditor will have no difficulty in imposing an encumbrance on the apartment until the loan is repaid.

Mortgage from Sberbank

It is easier to obtain a share loan from the country ' s greenest bank, but the future borrower will have to face the bank ' s special requirements to evaluate the facility.

In order to avoid overlaps, please specify whether the whole apartment is required to be evaluated, or whether specialists are required to estimate only the share to be purchased. If you examine the valuation, check its content against the requirements of the bank.

Most often, it is this document that causes delays in the preparation of the mortgage.

The mortgage is not treated as often as loans for the purchase of a separate dwelling; in order to avoid problems and obtain a loan as quickly as possible, contact reliable credit brokers.

Mortgage to the share of the apartment

Main - Types of Mortgages - Share of the apartment

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Housing loans are undoubtedly the most effective tools to enable many of our compatriots to acquire real estate; usually, as the demand for some type of construction increases, banks respond through the establishment of appropriate lending programmes, but the wishes of the borrower and the creditor do not always coincide.

For example, it is difficult for people interested in buying housing to obtain mortgage in an apartment, and in some cases it is not possible at all.

Model situations

The results of the search for a programme of interest to you will largely be determined by the objectives you have pursued and your current real estate situation, and among the most common housing situations are the following:

• Option 1: A potential borrower is the owner of a certain share and the loan is required solely to buy the remainder from another person.
• Option 2: A potential borrower wants to buy a share of the mortgage, but has no rights to it at the time of applying to the bank.

Position of banks

Before proceeding to an assessment of the likelihood of obtaining a loan in the two situations described above, it is worth referring to the basic principle that banks decide to approve or not approve a loan facility chosen by the borrower.

He concludes that the collateral should allow the creditor to enforce it as quickly as possible and without legal difficulties.

That is, the creditor wants the borrower ' s real estate to be in demand and its sale could have taken place without further agreement with others.

Now let's look at the share of the apartment from the perspective of the banks' wishes.

On the one hand, it is easy to find buyers; on the other hand, the concept of "salary" is somewhat vague and does not single out a specific part of the premises to be sold, thus not providing a clear definition of what part of the housing is on bail and which is not.

In addition, a transaction between a bank and a new buyer is possible only with the consent of all other owners, and it is not always easy to obtain such approval; it is clear that these features make the creditor ' s life much more difficult when exercising its rights.

Buying a mortgage share in practice

So, in the first option we've considered, you can get money on credit, and there's a so-called last-rate principle, which, once you buy it, all the housing is taken over by the borrower.

In this case, the bank receives a full-fledged mortgage, and consequently it will not face bureaucratic and legal difficulties if it has to be sold because of its client ' s debts.

To date, the "purchase of the rest of the dwelling" product is fairly well represented in the mortgage segment without guarantors; the credit period for such programmes is between 5 and 25 years and the average interest rate is 14 per cent per annum.

The exceptions to this rule include transactions between close relatives, such as a brother and a sister who have inherited an apartment.

Banks with opas view such cases and rarely agree to approve a mortgage to buy a share.

Similar problems may arise if former spouses are part of the sale.

Unfortunately, the situation was much worse with the second option: programmes allowing for the purchase of a portion of the housing provided that the remaining shares were not available to other owners.

Alternative options for purchasing mortgage shares

Alternatively, a cash credit with a maximum amount of 3,000,000 roubles is recommended, which is sufficient to enable the planned purchase to take place.

Of course, such a solution is far from ideal, as such loans are provided at high interest rates and for relatively short periods (5 years).

Another way is to get a mortgage on your existing housing – here you'll get an even better rate and be able to repay the loan for a long time.

Thus, the general situation with respect to the mortgage share can be described as follows: it will be available only if, as a result of the sale, the borrower becomes the sole owner of real estate and the existing alternatives are either very expensive or risky; however, the history of mortgage development in Russia does not end, and it is not worth losing hope that banks will be able to offer more convenient options to their clients.

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Programme for the purpose of credit

Rosbank Dom proposes the issuance of a mortgage for housing, for which the bank has developed special programmes for different categories of borrowers.

You can choose from the proposals that are presented the most appropriate and appropriate to your needs. See all mortgage products for the purchase of housing on the primary or secondary market.

Let the purchase of an apartment or house be beneficial.

Housing credit is now particularly popular, and this is not surprising, since this option of acquiring real estate meets people ' s needs in today ' s economic environment. By selecting a programme and setting up a mortgage for housing in Moscow or any other region, the borrower can immediately start living in an apartment with regular and pre-known monthly payments.

In practice, given the prevailing real estate prices and their rate of growth, the acquisition of mortgage credit is the most attractive option for buying an apartment or house than the gradual accumulation.

Another secret of housing demand in mortgage banks is its accessibility to a large number of citizens, which is due to high competition in the relevant services market.

The Rosbank House has some of the best terms of credit for borrowers.

In order to select a suitable housing credit programme in a bank, it is necessary to take into account the basic parameters of the future mortgage.

• The period for payment of the loan;
• The necessary amount for the purchase of real estate;
• Interest rate;
• Amount of initial contribution.

Any of these parameters of housing credit can be calculated and evaluated in advance by using a dedicated mortgage online calculator. An intuitive service will simplify the selection of a suitable program and select the most loyal housing credit conditions.

Housing mortgage: types of programmes at the Rosbank House

Before giving preference to a particular bank product, it is necessary to determine the type of collateral, which means that mortgage loans are divided into two groups.

The first is to obtain the required amount from the borrower on the basis of his own real estate, and an expert assessment of the property is required for the product to be processed.

It is conducted by partner companies of the lending organization and is paid by the borrower himself.

Rosbank Dom is ready to help with the purchase of ready-made or under construction, residential and commercial property, whether it be an apartment or a private house or an apartment or garage.

There are also preferential housing credit programmes in the bank that target certain categories of citizens.

Among the most common mortgages in Moscow are housing mortgages using maternal capital, for young families, etc.

How to apply for a mortgage

A great deal of experience in housing lending allows us to take into account all the nuances of transactions and to provide clients with comfortable programs.

We're trying not only to make our banking products profitable, but to make it as easy as possible to get mortgages, so to get a housing loan, it's enough to leave an online application on our website. You can get an advance approval in just 10 minutes.

Don't miss the opportunity to use our services to make a dream come true and buy real estate.

Can we share a mortgage flat right away?

ArturVerkhovetskiy/Depositphotos

The family lawyer, Elena Martynova, answers:

Under the law, real estate may be made into equity property with a determination of the share between the parties, whether it is bought for cash or mortgage, or whether the parties are in an official or a common-law relationship.

In the loan contract, the parties will have the status of borrowers who are liable to pay mortgages.

The obstacles can only arise from banks that are unwilling to take risks in the event of a break-up of a couple who have not formally legalized their relationship, where one of the parties to the insolvency (not employed).

It is not recommended that a property or mortgage be issued only in the name of an informal spouse.

Since in the future he may challenge the rights of a second spouse who does not formally contribute to the mortgage and does not have a total budget with him.

The question of the equalization of the rights and obligations of spouses in a common-law relationship with those in an official marriage is currently being addressed at the legislative level, but this is still pending.

10 facts of joint and joint ownership of housing

Did "civil marriage" give real estate rights?

Responsible by the Legal Counsel of the Legal Services Division of Urvista Renata Kashin:

As we understand it, by "civil" marriage, you mean living together without registration of the marriage in the civil registry; there are no rights and obligations of the spouses; there is no regime for the joint property of the spouses.

Therefore, it will not be possible to divide the mortgage into shares during the period of living together or in the event of the dissolution of your relationship, since it will always belong only to your "civil" spouse, even if you make an initial contribution from your funds and pay a loan together.

In order to determine the share of the dwelling, you need either to register an official marriage and, after the marriage, to buy a mortgage apartment, then the property registered on one of the spouses will be considered jointly acquired property of both spouses and may be divided into 1.2 shares in the event of the dissolution of the marriage, or not to register the marriage in the registry office, but to act in a loan contract with the borrower together with the common-law spouse, so that you will pay the loan together, as well as with the unofficial husband, you will personally be the buyer in the contract for the sale of the apartment, and you will be able to register the ownership of the dwelling of 1/2 shares each.

The director of the secondary real estate office, Est-a-Tet Julia Simov, answers:

It is true that banks are considering the income of borrowers and their spouses, but it is worth considering that an apartment purchased in a formal marriage will be a priori a joint property.

It is worth noting that many banks request that insolvent spouses be removed from the status of rights holders by means of a marriage contract, such as Delta Credit and Alpha Bank.

The share of property in your case is possible only if an agreement on the division of property is signed or by another means of determining the share.

If the DDU is premarital, is the apartment a joint property?

Can a husband give his wife his share of the mortgage?

The Deputy Director-General of the Bohn Ton Sales Company, Valeria Flowrova, answers:

The rental dwelling will be held in the bank's deposit, so the various activities related to the property involve obtaining the consent of the loan institution holding the mortgage; in essence, the matter becomes a matter of trust; the civil husband may provide shares in the dwelling after the mortgage has been paid.

Answered by a real estate broker named Victoria Nardin, AN Country Style:

In this situation, you have two options.

1. Registration of marriage: A spouse is legally compulsory with a borrower, even if not formally employed, in which case you will be required to sign a loan contract, and any real estate that the spouse acquires in his or her own name will still be in common, i.e. half of each, and you have the right to enter into a marriage contract in order to immediately distribute the shares in the apartment that you want, but that is already dependent on the bank. Some claim that the title (main) borrower must own at least 50 per cent of the property and that other banks do not care if you leave it.
2. If you apply for a mortgage, you can be named as a sponsor without regard to capacity to pay, which also gives you the right to take over part of the property being purchased, but the same restriction applies here as in the previous version: the bank's regulations determine the share to which you may claim when the property is processed.

Personally, in my experience, the first option is to buy an apartment in common property, and in case of unpleasant circumstances, half of yours is definitely yours.

It's more and more transparent here: together you take the mortgage, together you become owners, together you pay it.

There's another option to take one of your relatives (parents, for example) with the borrower and some part of the apartment.

How do you convert the mortgage share into a wife?

How do you share an apartment if the mortgage was made before the marriage and paid together?

Legal adviser to the office of the Novoslobodsky Secondary Market Department, Incom Real Estate, Valentina Kiselev:

As a rule, when buying a mortgage dwelling, the property is owned by the person who is the borrower of the money; in order for the dwelling to be owned by a few persons, it is necessary for all of these persons to be with the borrowers; the possibility of including you among the borrowers must be discussed with the bank at which the loan is to be taken.

When you have an apartment only with your husband, the apartment will be his personal property, and if you do not have a relationship, the possibility of giving you a share of the apartment will depend only on his wishes.

Says counsel, managing partner of Sdelky.ru Denis Volnov:

There are several options for the processing of an apartment purchased with credit: provided that the second spouse is with a borrower or loan sponsor, it is possible to place it in a joint (undefined share) or equity property (values are determined), it is also possible to place the borrower in sole ownership (one spouse will be the proprietor).

In a situation where one of the spouses is the owner of the title, the apartment will be jointly owned by the law; in order to understand which form is possible, the bank ' s position must be examined, since each bank has its own requirements for the registration of real estate and borrowers.

Accordingly, the parties may provide for the legal consequences of a transaction in advance of the acquisition of the property.

The private lawyer of Suvorov and Partners, Victoria Suvorov (Pythigorsk), answers:

If you and your husband are married, regardless of who the apartment is for, it's your joint property, even if the owner is the spouse, you still have 1/2.

Either you can start with an apartment, not a joint property, but a share, i.e. 1/2 shares each, but you'll have to look for a bank to approve.

Since it is usually the husband who is officially employed and the other spouse who goes with the borrower.

If the amount of the initial contribution is your own, then in the event of a divorce, you should be insured and a contract should be made to give it to you, for example, from your parents, and in the event of a divorce, you will have proof that one third of the apartment is purchased from your personal savings, which means that only the rest will be divided in half.

• Text prepared by Maria Gureeva
• Don't miss it.
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• Who has the right to a mortgage apartment after a divorce?
• How reliable is the marriage contract?

The articles are not legal advice; any recommendations are a private opinion of authors and invited experts.

Buying the mortgage share

The mortgage in Russia continues to develop, and there are new schemes for lending real estate – transactions not only with apartments, but also with townships, apartments, and land, which a few years ago could not have been imagined.

It has also become possible to buy not just an entire apartment, but a mortgage share, but a need such as a share buy-back has recently become more frequent, especially between relatives, and they do not have sufficient funds to finance the purchase.

We'll help you pick up a bank and get a mortgage to buy a share, so you can get a consult, send an application, or contact a specialist on the phone.+7 (499) 394-­03-­36.

Our bank experience and connections will help you get a mortgage.

Accordingly, once the mortgage interest is purchased, the buyer will own 100 per cent of the entire apartment, and the entire apartment is secured.

The fact that the entire apartment will be on bail is a key requirement of the bank.

Consider an example: ownership of 1/2 shares, the remaining 1/2 shares worth 3,000,000 rubles, a transaction pattern similar to the usual mortgage purchase. The initial contribution will be required. The contribution depends on the bank, at least 10 per cent of the value.

As mentioned above, all 100 per cent of apartments must be mortgaged to the bank, for which the buyer must first sign the mortgage contract in order to transfer its 1/2 shares (this is the only difference from the ordinary transaction).

Then a loan contract, a mortgage, and a contract for the sale of a share of the dwelling are signed, and a mortgage contract is signed (the basis for the pledge of the share that is owned) and a loan contract.

It is only in the loan contract that all financial conditions will be laid down: rate, amount of credit, duration, etc.

The transaction in most banks will take place on the same day: both the signing of the mortgage contract and the signing of the loan contract with the sales contract; then the signed documents will go to registration; after registration, the buyer will be the owner of the entire apartment, which will be secured from the bank.

There's a little different sequence in Sberbank: first you have to transfer your share of the bond, that is, sign the mortgage contract and file it for registration. And only after the documents have been registered is there a date for the transaction to sign the loan contract, then the bank issues the loan, the client buys the share. In the bank, it's basically as much as it is everywhere, but only a little longer in time.

The mortgage share is often purchased between close relatives or former spouses; this is another limitation that reduces the bank's choice because the bank units deal between the relatives.

With these factors in mind, the rate is being sidelined, and we have to accept what we give as a loan.

However, buying the mortgage interest is real, despite the fact that there aren't many banks.

We offer you professional assistance in selecting a profitable mortgage program and in obtaining credit from a bank.Contact us in any way you can.