Buying a share of the apartment: underwater stones, handling — how to buy a share of the apartment from relatives

• Buying a share of the apartment--One of the most difficult deals.The acquisition of real estate, since the owners of the share of the dwelling are often unable to resolve the issues peacefully, there is, in addition, no physical definition of the boundary of the property.
• But the cost of the share in the dwelling is very low relative to the average market price per square metre, sosuch transactions are quite common.
• The share is usually purchased to buy the remaining share from the co-owners in the future.

Normative framework

Civil Code of the Russian Federationdetermines the rights of owners of real estatein joint possession or joint ownership, and regulates the conduct of the sale transaction by defining the course of action and the content of the contract.

Under Russian law, i.e. article 551 of the Civil Code, transactions of this kindare subject to compulsory State registration.

The provisions of the Russian Civil Code on common property (Cap. 16 of the Russian Civil Code) are intended to protect the interests of all owners in the share of real property, as well as to minimize the possibility of fraudulent acts.

Articles 246 and 247 of the Code of Criminal Procedure regulate the use of accommodation and stipulate that the ownership, use and disposal of such property shall be by agreement of the owners, taking into account their rights and interests.

The amount of taxes and duties is determined in the CNC of the Russian Federation.

Procedure for acquiring a share of the dwelling

1. Check seller ' s identity

It's worth it.ascertain seller ' s competenceas well as the capacity of the person who has issued the power of attorney if the transaction is performed by the trustee.

The power of attorney must be notarized, the duration of the power of attorney must be checked and it must be specified from the notary whether it has been withdrawn.

2. Check seller ' s legal documents

3. Collect the necessary documents:

• an extract from the register of rights to the property in question.It would be useful to see a document that would show how often and what transactions had been made with real property and whether there were burdens and restrictions; in order to obtain such a statement, it was necessary to apply to the registration chamber or the IFC or to make such an application through telecommunication channels by paying the duty in advance.
• The cadastral passport.It can be obtained by submitting a request through a form on the Rosreestre website or by applying in person to the cadastre office or the IFC by paying a fee in advance; if the apartment is not registered, only the owner can apply for the cadastre.
• Technical passport and property disposal certificate- Only the owner can obtain the document by contacting the BTI.

4. To notify in writing all owners of the dwelling of the sale and to receive a written refusal to purchase:

It may be certified notarized, or the owners may sign it in the presence of the registrar ' s staff.

Alternative document may beNotary ' s certificate of notification to ownersIn the absence of an answer (participants are required, within thirty days of the notification, to purchase or sign a refusal to purchase an interest in an apartment for sale).

You might be interested in where to begin the restoration of property title to a real estate property.

How the registration of the real estate transaction is done, detailed by TUT

Law on Silence in Moscow Region: http://nedvicon.ru/total/federalnyjj-zakon-o-tishine.html

5. Consent of the spouse

1. To obtain the spouse ' s consent for the purchase of real property, to verify the seller ' s consent (if the parties to the transaction are married).
2. Consentmust be assured from the notary.
3. The buyer is not required by law to obtain the consent of the spouse, but it is usually requested by the registrars.

6. Compiling a contract of sale

• It must be in writing and must contain the signatures of the parties.
• Mandatory to be specified in a treaty are information enablingidentify real propertywhich is the address, the view, the square.
• The contract specifies the full value(i.e. the amount actually handed over to the seller).
• If the court had previously determined how to use it, those conditions could be prescribed in the contract of sale.
• However, the new owner is not subject to the court ' s decision if one of the owners does not agree with the procedure, he is entitled to apply to the court.
• It is recommended that an act of reception — transfer — be included in the treaty.

7. Registration

A contract for the sale of a share of the ownership of an apartment is subject to compulsory registration.

With a view to registering ownership of real propertythe parties to the transaction may applyIn person, to the registration office or IFC, send documents electronically or through the Russian Post Office.

Registration package:

• Application for State registration;
• The passport of the parties to the transactionIf there are minor registered owners, their birth certificates will be required;
• Real property title documents;
• An extract from the EGRP;
• A technical passport and a certificate for the removal of housing;
• The cadastral passport;
• Confirmation of notificationThe sale of equity property to all participants or the written refusal of the co-owners to purchase the said share;
• Notarizedthe consent of the spousesor a statement by a party to a transaction that he is not married; if there is a marriage contract for separate property, a copy of it will be required;
• Certifying documents.......................................................................................non-debt- rent and before the FNS;
• Notarized power of attorney with the participation of a representative of one or both parties in the transaction.

Additional documents may be required by the registration authority:For example, if one of the owners is incapable, limited or under 18 years of age, authorization of the guardianship authorities to perform the transaction will be required.

Additional documents would also be required if the registrar had doubts as to the authenticity of the documents provided or the accuracy of the information contained therein.

Cost of the transaction

1. The receipt of a cadastral passport will be at the cost of200 to 600 rubles(depending on the applicant being a legal or natural person, andin the form in which the document is made available:: on paper or electronic media, which is generally paid by the seller.
2. Similar to the cost of obtaining a cadastral passport, the amount of State duty on theCollection of an extract from the EGRP- from150 to 600 rubles(Seller pays).
3. State dutythe registration of rights will be different for natural and legal persons and will, as appropriate,2,000 or 2,000 roubles(the sum is distributed among the parties to the transaction).

Refusal by the co-owners to purchase 100 rubles, excluding fees for the technical work of a notary (paid by the seller).

Additional costs may be added to the main costs: if the spouse has written consent for the purchase of housing (legal work will have to be paid for)500 rubles.

technical work fees vary and may vary from500 to 1,500 roubles.

) or when applying to the legal service for advice or contract formation and verification of the seller ' s law-making documents.

The whole deal's gonna cost you a lot of money.30,000 - 50,000 rubleshalf of the cost is a service to verify the legal purity of the transaction.

Benefits of buying shares in an apartment

• It's possible to sell a share of only the privatized apartment.which guarantees the freedom of disposal of the property being acquired.
• Together with the purchase of a share of the dwelling, the buyer also acquires the right of priority purchase in the event that the co-owners decide to sell their share.
• The total cost of buying a flat in parts will be significantly lower than the total cost of buying a similar apartment.

Often the acquisition of a share in the dwelling isthe only legal way to get a propiska.

The share of the dwelling as an object of real estate can be an investment instrument, as real estate is constantly growing in price.

The only question is whether the future owner will be able to sell his or her share in the future (i.e., whether he or she will be able to sell his or her share in the future).pay attention to the state of real estate, to know who lives next door, how well the infrastructure is developed in the area where the site is located, etc.).

Risks of buying shares in an apartment

1. Generally, there are difficulties in dealing with the sale of shares in an apartment by a seller whois required to receive a refusal to purchase from the co-owners.
2. There are often situations where co-owners are simply impossible to contact.
3. The way out of this situation will be a gifted form, which is highly undesirable.
4. If the buyer agrees to the contract of gift or the contract of mena instead of the contract of sale, thenIf significant deficiencies are identifiedOnce the transaction has been completed, even if the seller is brought to court, nothing can be recovered from the seller.
5. If the share is purchased for residence, it is worth specifying who will have to live in the same apartment, even if the seller claims that the co-owners live in a separate territory, there is a risk thatYou're gonna have to live in a tense psychological environment.with very unpleasant neighbors.
6. If the share is purchased for the purpose of buying an apartment in the future, the buyer may be in disagreement with the co-owners to sell their share of the property, in which case it will be necessary either to sell its share or to agree to an undesirable neighbourhood with the other owners.
7. In the course of a transaction, and above all before the money is transferred, it is necessary to verify the identity of the seller so that it does not become apparent that the sales contract is signed by an incapable person.
8. It is particularly necessary to check the representative ' s documents carefully: the person who has issued the power of attorney may be incompetent or may not be alive at the time of the transaction.
9. Making a sale - sale of a share of the property ownership of an apartmentimplies that the co-owners refuse to buyA contract of sale with a transfer of money for property and a State registration of rights is signed.
10. When a share is purchased in an apartment, it is recommended that shares be issued separately for anyone who is going to register and reside there.
11. For the registration of third parties, including family members,All owners ' consent will be required,The owner has the right to register in the apartment without the consent of the co-owners.
12. The only acceptable option for acquiring a share in an apartment should bethe transaction of sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, sale, salewith the relevant treaty.
13. It is not strongly recommended that a gift or change contract be signed if there is a transfer of money for the property acquired.

Sale of a share of ownership of an immovable property

Purchase of a relative ' s share of the dwelling: Russian legislation, the process of processing the transaction and its nuances

Housing Law > Real Estate Formation > Contract > Buying a share in an apartment from a relative — all necessary information about the transaction

Life sometimes comes up with some surprises, even a procedure such as buying a share of a relative's apartment may require absolutely any citizen of the Russian Federation.

A relative has a number of nuances that are important to take into account in the implementation of such a procedure, and we strongly recommend that the following material be read in more detail.

Legislation governing the procedure for the purchase of shares in an apartment. Photo No. 1

In considering the purchase of a share of a relative ' s home, it is important to refer to several pieces of legislation that regulate the procedure in one way or another; the main provisions on the subject under consideration are set out in the Civil Code of the Russian Federation (GC), the Tax Code of the Russian Federation (NC of the Russian Federation) and certain federal laws (FZ).

The CK of the Russian Federation is the main regulator of transactions involving property belonging to a share of the property, according to which persons who already have a share or share in the dwelling have the primary right to buy a separate share of the dwelling.

A specific owner has the right to sell his or her share of the property to a non-owner, i.e., no share of the dwelling, only after the official refusal of the purchase of the share sold by the other owners.

The Russian Criminal Code also regulates that in certain situations a ransom, including from a relative, can be carried out by force (i.e. through a court of law).

It is important to take into account the Tax Code only because the incorrect presentation of the transaction in terms of payment can render it null and void and legally "unclean".

Such a phenomenon is possible in a number of situations and is based on the inability to sell between relatives, with the expectation that money will remain in their overall budget.

Thus, according to the CNC, both parties to the transaction must be financially independent of each other and have no direct tax interest in the sale of the share; otherwise, the transaction may be declared invalid and some liability may be imposed on the parties that have carried it out.

Federal laws are applicable when payment for an interest in a relative ' s apartment is made on the basis of the parent ' s capital or mortgage, and it is the FA that examines the matter in detail and determines the situations and conditions under which a particular form of payment cannot be used.

Don't forget that any derogation from the law in a sales transaction is unacceptable; the consequences of a legally "unclean" procedure may be unpleasant in the future, so if you have any questions, you must seek the assistance of a professional lawyer.

Purchasing of shares procedure

How is a relative's share of the apartment paid out?

The procedure for the purchase of shares in an apartment is carried out in accordance with the law of the Russian Federation and may be carried out either by mutual consent of the parties or by force.

It is worth noting that the peaceful option of making a transaction is preferable to the choice, since it is simpler, but it is not always possible to use it, so it is desirable to know both versions of the outcome.

Thus, by mutual agreement, the ransom of a relative's share is made as follows:

• If the buyer has a share in the dwelling in question, he already has the right to buy a share in the same apartment. If the transaction is to be carried out, it is necessary to obtain the official refusal of the other owners (if any) and it is possible to make the transaction. If the other owners do not consent, it will be necessary to prove the need for the ransom in court.
• If the buyer is a relative of the owner of the share sold, but has no other share in the property, he shall have no right of ransom.

The option of a forced buyout is possible in a few situations: in reality, success in a court of law can be achieved under the following conditions:

• If you are already the owner of an equity dwelling and the share you want to buy is not much (e.g. 1/7 or 1/9 of the total area of the dwelling), then you will have to file a lawsuit for the compulsory purchase of a specific share and prove the need to purchase it from you throughout the proceedings, although this is feasible but not always possible.
• For example, you live with a relative in the same apartment: you have 2/3 shares and you have 1/3 shares, but you have a serious illness and may infect you.

It is to be understood that judicial debate is always a very difficult process, so think many times before going to court to obtain a mixed right of ransom.

Payment options for the transaction

What forms of payment can be used in the settlement of a ransom transaction from a relative in an apartment?

In the process of buying a relative's share of the apartment, there are a number of nuances concerning the choice of payment option. The legislature does not allow the use of any form of payment in certain situations, all of which are enshrined in the relevant Federal Capital Act or Mortgage Act.

The most significant features of a relative's share payment are as follows:

• In the use of maternal capital, relatives (parties to the transaction) should be financially independent of each other and should not pursue any interest in the outcome of a particular transaction; for example, the mother ' s capital should not be used to buy a share from a close member of the family claiming the same share (the father of the child for whom the capital is granted, the children of the family, the mother, etc.); it is also important to understand that it is the responsibility of all those who are entitled to benefit from the use of maternal capital (all members of the family); if there is any suspicion of legal "uncleanness" of the transaction, the authorities have the full right to refuse the release of the capital or to verify the ongoing manipulations; if the existence of the cash of the mother ' s capital through the transaction is confirmed, some liability will be imposed on the parties to the transaction.
• The law does not impose any specific prohibitions on the use of the mortgage; however, the issuing bank has full right to refuse the mortgage if there are substantial grounds for doing so.

In general, the nuances of payment should be taken into account only for those citizens who wish to make a buy-back transaction from a relative in order to obtain any benefit by unlawful means; do not forget, if this fact is confirmed, that they will have to be held accountable before the law (article 159 of the Criminal Code of the Russian Federation, fraud).

Processing of the transaction

How do you get a ransom deal from a relative's share of the apartment?

After familiarizing yourself with all the features of the buyout procedure in a relative ' s apartment, it is possible to look directly at the process of processing the transaction, and its general order is as follows:

1. The parties to the transaction shall prepare the necessary documentation for the formation and conclusion of the contract of sale:

• The right-wing documents for the share of your relative-seller ' s apartment;
• An extract from the EGRP on ownership;
• A package of documents from the BTI, which is issued to the public authority and is necessary for the processing of any sale of real property;
• An extract from the home book;
• Notarized sales consent from all persons having an interest in the transaction (the rest of the equity owners in the equity flat, the seller ' s spouse, etc.).

1. The contract of sale itself, specifying all the terms of the transaction and the value of the transaction, is then processed. It is important to specify in the agreement the timing and option of the transfer of money. Remember that all transactions with real estate are important with the presence of a notary, so do not save on his services.
2. Once the contract has been finalized, the property rights of the new owner of the share in the apartment are registered through Rosreister and the money is transferred; the latter must be supported by a receipt.

In general, it is not difficult to buy a relative ' s share of the dwelling; the main point of this procedure is to act in accordance with the current legislation of the Russian Federation and the information provided above.

You can find out about the specifics of family-to-family transactions by watching the video:

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05 Mar 2017 kasjanenko 111

Buying a share of the apartment: underwater stones and possible risks

In order to avoid possible risks when buying a share of an apartment, a full and complete study should be made of the matter; before entering into a transaction, all the rights and obligations of the seller, the buyer and other owners of the share of the dwelling being purchased should be made known; this is the subject of this article.

General

Buying a dwelling is one of the most important things in a person's life: it's a cost-effective exercise that can carry with it some risks and surprises. When there is a lack of funds to buy an entire dwelling, there is a need to acquire a share. The legal position of the parties to the transaction in the future depends on the correct form of the transaction and the registration of the rights of the owners.

Rules for the purchase of real estate in equity

A false donation procedure (without a record of the transfer of money) may result in the right of interested shareholders to apply to the courts to declare the transaction null and void, and then the buyer risks being left without money and without housing.

A specific exclusion of the share

Article 250 of the Russian Civil Code imposes on the seller the obligation to notify the owners of the intention to sell part of the common property at a fixed value and on specific terms, for example, a deferred payment sale.

Such a decision shall be made in writing and sent by registered letter or telegram with notification of receipt; if the co-owners have a normal relationship, the notice shall be given to the notary.

When the refusals are received, the seller may proceed to sell before the expiry of the 30-day notice period.

A proposal for the realization of a third-party share should be made under the same conditions as the other owners; the change in the value of the subject matter of the contract or its sale without proper notice to the co-owners is considered a basis for recourse to the courts for the protection of rights and legitimate interests.

In the event that the value is increased, the rights of the others concerned are not considered violated.

Thereafter, when the property rights are registered, the package is accompanied by written waivers of the right to purchase by the co-owners of the dwelling, or other documents proving that the notice has been issued.

Upload the sale notice for the share in the apartment (model)

Possible options

The sale and purchase of shares in an apartment is considered to be one of the most difficult transactions in real estate, and it is important to identify all underwater stones in time when buying shares in an apartment:

• Change the terms of the deal.If, after the seller has informed the interested parties of the wish to sell their part of the property and the terms of the sale have changed in favour of the buyer, the co-owners must be notified again. If this condition is not met, the other owners are entitled to apply to the court to protect their interests.
• Co-owners are willing to buy the proposed part of the estate.In such a situation, it is up to the seller to choose who to choose as the buyer; there is no obligation to notify the other partners of the pending transaction, since the condition of priority purchase applies only when sold to third parties outside the ownership circle;
• The persons concerned are deliberately not notified.In this case, you can send registered letters of notification through a notary, and among the realtors on the subject is a popular round-the-clock exercise, which is to arrange a share of the apartment for a gift, because in order to give a share to anyone, there is no need to obtain the consent of the co-owners, and for the latter there is a risk that a completely unknown person may appear in the living area with a proven right to his or her part of the property.
• There's not enough money to buy the share.It is not uncommon for one of the owners to decide to buy a part of the apartment on sale, but not in time to collect the necessary amount; the problem is solved if the seller is willing to postpone the transaction for a while; otherwise, there are general rules regarding the procedure for the sale of part of the property;
• The owner of the minor.In the transaction of sale, where the owner is a minor, the seller is obliged to provide the buyer with a document authorizing the sale of the minor ' s share of the guardianship and guardianship authorities.

Total risk on acquisition of share

Buying a share in an apartment, buyer ' s rights and obligations are governed by the rules on common share ownership; it is not normally possible to use the share alone; part of the common property exists only in the registration documents.

Conditions of residence with other co-owners are negotiated between all owners; when it is not possible to reach a common understanding, then the equality of all interested persons in the apartment is implied.

The seller risks the long-term sale of part of the dwelling because of the obstacles created by the other owners, who are nominally willing to buy, but who may prolong the time by preventing others from selling, in which case the notice is properly processed and after 30 days it is possible to sell part of the dwelling.

Other possible risks

Particular attention should also be paid to:

• The sanity of the seller (request a psychiatric certificate);
• Reasons for the sale of the share;
• Future neighbours;
• The likelihood of an increase in the number of neighbours in the future.

Determination of the value of the share

The price of the share in the dwelling is based on the following parameters:

• Coherence and isolation of rooms;
• The size of the share;
• The availability of repairs and the general condition of the living area;
• Social status of co-owners and relations with neighbours.

The total value of real estate is generated by determining the average price per square metre in a given area and multiplying it by the area of a part of the apartment; isolated rooms are subject to increased interest on the part of buyers.

Conclusion of the contract

When all the key points have been met, a contract for the sale of the share of the dwelling is drawn up, which establishes the transfer of ownership to the share.

The agreement must be in conformity with the current legislation of the Russian Federation; it must be in writing and must be certified by the signatures of the parties; it is sufficient for the validity of the contract to be in compliance with a simple written form.

The contract specifies all the essential conditions for the transaction:

1. Parties.
2. Subject matter.
3. Cost of the share.
4. Refusals by other shareholders.
5. A document confirming the seller ' s ownership of the share.

download the contract for the sale of the share in the apartment (model)

Registration of ownership

Once processed, the contract is transferred to Rostreister for registration and the following documents are provided together with the contract:

1. Certificate of seller ' s ownership (extract from EGRN).
2. Refusal of the priority right of ransom of other owners.
3. Authorization of the spouse (former spouse or former spouse).
4. A bill of payment for State duties for registration of property rights.

To download the application of the spouse's consent for the sale of shares in the apartment

Buying a share is a way to buy a dwelling or invest in an investment with many nuances and features, and the main thing in this process is to take into account the existing rules and regulations on such property so that the transaction is recognized as real and legitimate vis-à-vis the parties to the sales contract.

If you have any questions, you can ask the company's lawyers free of charge in the form presented below, and the competent authority's response will help you make the right decision.

What "waterstones" can buy a share of an apartment, and how can you get the deal right?

To solve your problem, you will receive free legal advice: +7 (499) 504-88-91 Moscow +7 (812) 385-57-31 St. Petersburg

Who has the advantage of acquiring?

Article 244 of the Criminal Code of the Russian Federation stipulates that property may be owned by several persons – in which case they own shares in the right to it (unless otherwise expressly established by law).

There are no separate rules for real estate and therefore it may also belong to several persons in their share ownership.

In general, shared property gives the owner the same rights as the individual – but with a few exceptions.

The main one is the right to purchase, which is established by article 250 of the Criminal Code of the Russian Federation.There is a difference in sales of shares within and outside the community.The difference is as follows:

1. If the owner of the share sells it to another owner of the right to the same apartment, no one else is involved in the deal, both parties are free to do it without informing anyone.
2. If the share is sold to an outsider, first you have to offer it to those who already own the shares.

The purchase should be offered on the same terms and at the same price at which the sale is to be made to the outsider.

The law states, however, that a proposal must be made only in writing, consent or refusal must also be in writing; the duration of the proposal is limited.

If the owner does not respond within a month after receiving the notification, he is deemed to have refused the purchase (art. 250, para. 2, of the Russian Civil Code).

How can an accomplice's refusal of priority be formalized?

If the salesman doesn't want to wait a month, he's gonna have to get a written refusal from each of his associates.

1. A written notification is sent to the owners and is written in an arbitrary form, primarily to describe the key terms of the transaction.
   • You can send it by mail (by registered letter with notice).
   • It is also possible to hand over two copies of the document from hand to hand (in which case two copies of the document are made, one of which is taken by the accomplice and the other one remains with the seller with the recipient ' s notice that it has been received).
   • Also, according to article 86 of the Basic Law on Notaries, notification can be transmitted through a notary (the treaty will still have to be confirmed by him).
2. If the purchase is not part of an accomplice ' s plan, he writes a refusal; a document may also be prepared in a simple written form, but when a contract for the purchase of a notary ' s share is registered, in accordance with articles 15 and 45 of the Basic Law, he may seek confirmation from the rejected party by deferring the certificate of the contract.
3. Once the waiver has been received, the contract for the sale of the share can be entered into directly.

What kind of paperwork do you need?

Core package

The following documents will be required to acquire a share of the ownership of the dwelling:

• Documents confirming the identity of the buyer: The law provides for different versions of the identity card, but almost always only the passport of a citizen is used.
• Exit from EGRN: According to the State Real Estate Registration Act, this document has been the only proof of ownership since 2016, and certificates are no longer issued.
• If the share is sold to an outsider, the written refusals of other associates to purchase, or the documents confirming that the notice was given to them.
• Report on persons registered in the apartment.
• Right-making instruments for a share (contract of privatization, gift, sale, etc.).
• Technical documentation for the apartment.
• Report on the facial account with data on utility payments.

Depending on the situation, additional documents may also be required, some of which should be discussed in particular.

Joint property with a minor child

Children under the age of 18 may be among the owners, and if their share is sold, the consent of the local guardianship authority will be further sought.

Article 60, paragraph 3, of the Russian Federation and article 37, paragraph 2, of the Russian Civil Code expressly state that no transaction shall be permitted without this, and that guardianship, after having received information about the sale, must immediately bring an action against the court for its dissolution.

In order to obtain such consent, it is necessary to apply to the local guardianship authority.

According to the Trusteeship and Care Act, it may be both a public and a municipal body, but in almost all regions it is the responsibility of local governments.

There, the applicant must provide documents confirming that the terms of the contract do not violate the rights of the child; in particular, it is possible to demonstrate a contract for the sale of an equal share of another apartment in which the child will already act as a buyer.

Both parents must apply, except in cases where one of them is dead, disenfranchised or simply unknown.From the age of 14, the application must have the child's own signature.

Within 15 days, the guardianship must give a reasoned answer; they will either have an order signed by the head of the municipality authorizing the sale or a refusal indicating the grounds for it; the refusal may be appealed to the court in accordance with the procedure established by the Federal Administrative Court of the Russian Federation.

If a permit has been obtained, it will not be valid for it; however, the 1995 letter of the Ministry of the Interior of the Russian Federation No. 09-M, which is still in force, requires that the custody of the contract be transferred to the authority within a month; therefore, in practice, it is better to proceed on the basis of this time limit.

Treaty-making

No official form has been established for the sales contractIt shall therefore be prepared by the parties in an arbitrary manner, and the following points shall only be made clear:

1. An indication of the dwelling in which the share is purchased; you can use both the full address (city, street, house number, apartment number) and the cadastral number to which it is registered with the EGRN.
2. The amount of the portion of the right that is transferred under the contract must be no greater than that registered with the seller, but it is possible to sell part of its share, in which case the buyer will become the new owner of the apartment.
3. The price at which the share is sold and the manner of payment.

Since only the share is sold, not the whole apartment, the reception act is not made.

Notarization of the transaction: necessity and price

Previously, there had been no need for a notary to obtain an assurance in the contract for the sale of shares concluded between fellow citizens, but with the entry into force of the State Real Estate Registration Act, the situation had changed. Article 24 of the Act states that any transactions involving the removal of a share in the common property right must be notarized.

The notary ' s fee consists of two parts:

1. State duty established by article 333.24 of the Code of Criminal Procedure.
2. Technical and advisory fees.

The size of the government is clearly defined in the law - 0.5% of the value of the share.But that amount should be at least 300 rubles and not more than 20,000 rubles.

For legal and technical work, the price of a notary is set independently within the limits imposed by the Notary Chamber of the Russian Federation.

Its size is reviewed regularly and varies from region to region, so the value must be specified before a particular notary can be certified.

Registration of a treaty

Once the contract has been signed and certified by the notary, it is necessary to contact the Rosreest to bring new data on ownership of the dwelling to the EGRN and to do so by contacting the local office of the registration authority and through the IFC. Citizens who have registered accounts on the State Services portal can also apply electronically.

Once the registration takes place, the applicant may obtain an extract from the EGRN, where he or she will be identified as a co-owner of the apartment.

Features of acquisition per mat. capital

Separately, there is a need to talk about cases where "mother capital" is used to buy a share in a dwelling – material assistance from the State for families that have given birth to a second or half of the next child.

The law imposes two restrictions on the use of mammary when buying a share.It can be used for payment if:

1. As a result, the entire dwelling will be owned by the buyer.
2. The share can be physically separated as an isolated space.

It should be noted thatThe restrictions relate to the fact that certificates are intended only for the purchase of separate dwellings.

• But if the marriage is dissolved at the time of the transaction, and the division of the property has taken place, the mother may spend a certificate to buy from her ex-husband half of his apartment.
• According to article 10, paragraph 4, of Act No. 256-FZ, all members of the family, including minors, must be allocated shares in order to purchase a room, a home or any real estate per mat.

It is only with RPF ' s consent that it is possible to make a deal using a certificate of uterus, and it is therefore necessary to be prepared that the terms of the contract will be carefully verified.

How do you buy a room in a communal apartment?

There's also a deal to buy one or more rooms in a commune.(A step-by-step procedure for buying a room in a communal apartment can be found here, and the special features of buying a room in a dormitory can be read here.) There is also a rule on the priority right to purchase, so the course of action of the parties will be as follows:

1. Determination of the terms of the transaction. It is possible to sign a pre-contract (intentions agreement) indicating that the transaction is cancelled on condition that the room is purchased by one of the co-owners of the commune.
2. The seller notifies the buyers.
3. Documents shall be prepared after receipt of the refusal or expiry of the waiting period.
4. The formation of the treaty and its notarization.
5. Registration of law in Rosreister.

A ransom from a relative

However, it must be borne in mind:

1. You can't use mammal when you buy it. The RPF will consider cashing a deal like this.
2. A court-ordered compulsory buy-back is possible if the share is small (art. 252, para. 4, of the Criminal Code of the Russian Federation). This method is usually used if the real owner of the share of the dwelling does not live, the maintenance costs of the dwelling are not involved and the family is in a situation of conflict.
3. If there is to be no dispute as to whether a transaction is a false transaction or a fake transaction, you have to document the transfer of money. It's a fake contract between close relatives that's a common scheme of fraud.

Underwater stones, risks

There are a number of potentially dangerous situations in the award of a contract for the sale of a share of the right to housing.Dangerous situations should be borne in mind by the parties to the transaction:

• If one of the associates doesn't live in it and the exact address is unknown, searching and notifying can be a serious problem.
• The use of a gift contract to cover a sale made without the consent of the partners is illegal; such a transaction may be challenged and cancelled through a court of law, and the money may not be returned to the buyer.
• It is often used as a cover for a pledge contract. In this case, the seller "takes a loan" from the buyer in the amount of the share. When the loan comes back, it does not pay the money, and the buyer acquires the right to share. This transaction is more reliable than the gift, but it may be challenged.
• The tax side should not be forgotten: the seller was obliged to pay NPFL and the buyer could use a tax deduction.
• All owners have the right to use the dwelling, even if they usually live separately, so the buyer runs the risk of finding additional tenants at any time.

Conclusion

Buying a share is a real and legitimate deal, but in order for it to take place, there are a number of additional conditions that don't exist for the usual purchase of a dwelling.The parties to the treaty must pay attention to the performance of their obligations.

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Buying a share of a relative's apartment is a basic rule.

Our family is now dealing with the issue of buying a share of property from a relative's apartment, my mother and my younger sister had a big fight six months ago, and it became impossible to live together.

People close to you have become strangers.

When she decided to separate, she wondered whether it was possible to leave the apartment in full legal order and the daughter to compensate for the share? The answer to this and other related questions can be found in this article.

Options for the creation of equity property

The concept of equity property is regulated by article 244 of the Russian Civil Code.

This type of joint property arises under such circumstances:

• Privatization: In this case, family members live in a common municipal apartment; after privatization, each person takes possession of a certain part of the property;
• Succession: Each of the heirs inherits a legal share;
• Dissolution of the marriage: If the spouses have acquired a dwelling, the apartment will be distributed in certain parts of the estate in the event of divorce; the parts of the estate shall be established by a personal agreement or by a marriage contract;
• Other factors include the purchase of a separate part, as well as the renting and conversion of a part of the apartment through a gift contract.

The buy-back operation will not differ depending on whether the owners are considered to be family members or not.

The options for obtaining shares free of charge have been described above, but there are two ways in which a part of the estate can be purchased in a particular way:

1. On the basis of a voluntary agreement.
2. Through the courthouse.

Each method should be considered separately.

Purchase of part of the estate by agreement

It's the simplest way to buy a share share. It's enough just to negotiate with a bidder. If we all agree, there won't be any trouble with the ransom. It's important to follow the established procedure.

Notification

For the reason that each co-owner of the dwelling has a legal right to make a first ransom, he or she becomes the main applicant for the transaction if he or she has a right of ownership.

If there are other owners, it is mandatory to notify them of the wish to sell the apartment; this can be done by means of a model notice.

The written notice may be sent to the owners in various ways:

1. Personal transmission. This is the fastest method. Difficulties can arise if it is not possible to locate the addressee. In addition, the co-owner may refuse to sign the notice by postponing the transaction.
2. By mail, you can get a notice that the letter has been delivered, and the problem is the long waiting period for the e-mail to be sent.
3. Through a notary, the surest option is that you don't have to make a notice yourself and waste your personal time, and the negative parties are the need for financial costs and a long waiting period.

Regardless of the option chosen, relatives are given 30 days to decide.

The notification of relatives is a mandatory step; disregard for this rule may result in the cancellation of the transaction.

If the sender of the notice is refused, it will have to act through the court; if the relative consents, the next steps may be initiated.

Collection of required documents

Once all the parties to the transaction have been identified, such papers and certificates will need to be prepared:

• The passport of the parties to the transaction;
• An apartment card, which is obtained through the IFC or by personal contact with the Ministry of Internal Affairs;
• An official extract from the EGRN on the owners of the dwelling area, on possible charges, which may be replaced by a certificate if issued before 2016;
• Formal consent of the spouse to the sale of the share if the owner is married;
• Technical documentation.

Sales contract

People who do not know the law mistakenly believe that in the course of the sale of property, it would be sufficient to conclude a written contract with a relative for the sale of a share of real estate.

In 2016, some changes had been made to the official regulation on State registration. According to the changes adopted, sales of shares were required to be certified by a notary.

A lawyer needs to confirm a well-written contract, and it must contain information:

1. Number of compilations.
2. Title of the document.
3. Information on the parties to the transaction and the representatives.
4. A detailed description of the share sold is the address and size.
5. The value of the transaction, that's the price of the share.
6. Requirements and conditions for the settlement of disputes.
7. Transfer option and date of transaction.
8. Additional conditions to be laid down in the agreement.

The form of the OST is defined and regulated by article 550 of the HC.

Recording of the deal in Rostreister

Once the contract has been confirmed, it will be necessary to make the necessary changes to the register; it is sufficient to approach the IFC or the Regional Office of Rosreestra; a special application is made; in 14 days, the applicant receives an official real estate statement from the REM.

Once purchased and processed, a person becomes the sole owner of the dwelling, and it is possible to apply to the organization for ownership.

Tax payments

In contrast to giving an apartment, 13 per cent of the total amount of the transaction will be taxed here; exemption is granted in the following cases:

• The sale was made in the same amount paid for the purchase;
• The total value of the transaction was not more than 1 million roubles;
• The apartment was owned for over three years.

A relative doesn't agree to ransoming a share.

Despite the fact that the right to own real property is one of the main objects protected by the Constitution of the Russian Federation, it is possible to take the share without consent.

Such an operation shall be carried out only under the following conditions:

• Small equity: If the owner has 1/22 or 2/15 of the total area in a small one-room apartment, it will not be possible to determine the right to use the share without prejudice to the official rights of other owners;
• Absent the possibility of allocating a share of property in kind; according to the law, it is not possible to allocate a share to a separate, habitable dwelling with all the necessary communications, a separate entrance; this part of the dwelling will not be available in Rostreister;
• There is no interest in obtaining a small share of the dwelling; the owner has a different dwelling; he does not want to be involved in maintaining the optimum state of the divided dwelling; this includes the situation where the person does not pay the communal payments due.

If all the conditions listed are present, you can go to court; the decision will be the official basis for the forced ransom of a relative.

Schematic of action

When dealing with the issue of a ransom through a court of law, we have to proceed along the following lines:

1. To avoid wasting time on long-term litigation, we could try to reach an agreement with the other party.
2. Preparation of documents: Since the court must rely on sound evidence to make its decision, as many factors as possible must be obtained before writing the claim; the ideal option would be an discharge from the bank, confirming that the claimant pays for the public utilities on his own.
3. Preparation of the claim: At this stage, it is desirable to have a lawyer's advice; of course, it is possible to use samples of applications from the network, but each case is strictly individual, and the profession will be able to deal with all the details of the case.
4. Submission of the claim to the court: A well-formed application and certain papers must be sent by mail or delivered in person, as long as it is a district court that has geographical jurisdiction.
5. Consideration of the application: At this stage, it is necessary to appear before the court on request to defend the case; if possible, the assistance of a lawyer who will represent the applicant should be available; if the case is successful, the costs of the defence counsel may be recovered from the defendant, together with all costs.
6. The Court shall issue the result only after careful examination of the arguments of all the parties; if the decision is not satisfactory for any reason, it may be appealed through the higher courts.
7. Go to Rosreister, file the registration documents after payment of the interest compensation.

Rules for the preparation of a statement of claim

An ill-literacy claim for a share without consent would leave the case unattributed.

The following information should be included in the statement:

• Information on the participants in the process - FIO, address;
• Name of judicial organization;
• The subject matter of the dispute and the main circumstances of the case: this is a special descriptive block which describes the size of the share, the factors in favour of minority, the information from the law-making documents, the total area of the dwelling;
• A list of claims: this is a special exculpatory part of the claim, which specifies what the plaintiff wishes to obtain after the proceedings have been heard; it is desirable that the requirements be reinforced by references from modern legislation;
• List of attached documents;
• Signature and date of issuance of the statement.

List of annexed documents

In order for a statement of claim to be admitted in court, it will have to be accompanied by the following documents:

1. The plaintiff's civil passport.
2. Exit from the real estate register divided by shares.
3. A detailed apartment card.
4. A receipt for the payment of the mistress.
5. Formal notice of special pre-trial settlement.
6. Professional opinion on the value of the share transferred.
7. Specialized technical documentation on housing.

Court costs

When you go to court, you will have to pay a special tax charge. This category of applications needs to be evaluated, so the government will be directly jealous of the value of the share that is bought out. It will be expressed as a percentage. This rule and the details of the calculation are set out in article 333.19 of the CNC of the Russian Federation.

At the same time, 2,000 roubles will have to be paid for these costs, which is a fee that is paid for registration of the right and for changes to the register.

Briefly everything.

1. The concept of equity property is regulated by article 244 of the Russian Civil Code.
2. The interest may be paid by agreement of the owner and without its receipt.
3. If the owner of the share does not agree, the court will have to act.
4. In order for the court to consider the case and make a positive decision, a package of documents must be provided.
5. Proceedings before a court require certain financial costs.