Sale of an apartment with two owners 2023. purchase and sale agreement for an apartment with two owners (sample)

There are three factors that influence the outcome of the transaction when an apartment with several owners is sold:

1. Owners of shared ownership housing must waive their right to purchase.
2. If there are two owners, then the sale of housing is carried out by agreement of both parties.
3. If the owner is a child, then confirmation of the guardianship authorities is required to form a purchase and sale transaction.

Nuances of the procedure

Shared ownership is the division of living space into several parts, which occurs due to a number of circumstances. Common factors:

• when dividing residential real estate, both spouses allocated part of the housing for themselves separately;
• relatives can inherit an apartment or other living space on official grounds under the legal right of inheritance;
• if two or more people are registered in the apartment and it was subsequently privatized.

However, during the procedure for selling a home, it is possible to formalize two types of relationships between co-owners. Such property may be:

When purchasing such an apartment, the client must understand some of the specifics, as well as the risks that may arise when purchasing a home. It is worth noting that the purchase of housing is carried out on the basis of title documents. Owners must provide them in advance.

Legislative norms

The Civil Code of the Russian Federation clearly states the requirements and rules for real estate transactions, as well as the attached documents.

Information is presented in the following articles:

• 247 – discloses information about the rights of ownership of property, as well as compensation due for loss of rights;
• 250 - talks about who is given the first advantage of purchasing shared ownership and what exactly is required to carry out this operation;
• 252 – distributes shares between owners in accordance with the legislative decision of the Russian Federation and shared ownership, as well as registration of rights to the apartment.

All settlement actions are performed on the basis of Federal Law 122, which came into force together with amendments from the first day of 2023. It regulates the state registration of rights to real estate and actions with it.

Sales rules

According to Article 250 of the Civil Code of the Russian Federation, the procedure for the sale of real estate that is in shared ownership is established. The following conditions must be met:

• in a situation where the sale is carried out by one owner, then this procedure must be agreed upon with other residents who have a legal ownership agreement for the apartment;
• When all owners sell, the rules are different from the rules for selling parts of the property.

When purchasing a separate share, owners must obtain the consent of other owners to sell the residential property. However, the procedure is more complicated than it seems at first glance.

The signing of a purchase agreement from a notary is carried out in the presence of all homeowners and in the presence of a package of business papers (primarily a USRN certificate, a registered purchase and sale form).

The agreement is concluded by a notary, signed by him personally and certified by the seal of the organization - the notary office.

Establishing the cost of an apartment

According to the legislative norms of the Russian Federation, the sale of an apartment by several owners implies certain responsibilities of each of the co-owners. Before carrying out the procedure, it is necessary to agree on all emerging issues.

To put up a home for sale that is in shared ownership, you must indicate its value on the market. Owners can use one of the following apartment valuation options:

• independent. This method involves searching for similar advertisements by: floor, area, area of ​​property location, quality of renovation, number of rooms and many other criteria. Then the cost of the apartment is calculated from the information received;
• services of professional appraisers. In cooperation with a specialized company, the actual value of the shared ownership of the housing that is being sold will be announced, as well as an expert opinion. It will be useful at the bank if you have to resort to taking out a loan.

Preparation of mandatory documents

To carry out the purchase and sale of housing that is in shared ownership, it is necessary to create a set of business papers. The process is quite labor-intensive, but it is a fundamental step when using the services of a notary. This includes:

1. Identification documents of the parties.
2. BTI technical passport.
3. Agreement for the sale and purchase of a share of real estate.
4. Refusal of all apartment owners to purchase in writing.
5. In the absence of this refusal, written evidence of the awareness of the apartment owners will be required.
6. Notarized consent of the second spouse to trade real estate (if the citizen is legally married).
7. Cadastral passport.
8. A document evidencing a registered share of real estate or a USRN certificate.
9. When a child participates in the procedure, the consent of the guardianship authorities is required.

According to the law, the relinquishment of shared ownership must be carried out in a company with a notary and with mandatory certification, which confirms the completion of the transaction.

In 2023, the sale of an apartment by several owners is impossible without registering the alienation of shares and without the certifying signature of a notary.

New changes in the law, made to respect the rights of a certain category of owners, apply to incapacitated individuals and children.

Minor co-owner

The part of the apartment owned by the child acts as a separate obstacle to the sale of real estate that is in shared ownership. Manipulations with such housing are regulated by the provisions of Article 37 of the Civil Code of the Russian Federation.

Representatives of the minor citizen directly participate in this transaction. They sign a written agreement to conclude a contract.

Consent from guardianship authorities

There are cases when it is necessary to conclude a legal transaction for the sale of a share owned by a child. To do this, the consent of the guardianship and trusteeship service is required, which is issued to the official representatives of the minor. This local government body monitors the fulfillment of the legitimate interests of minors and issues a permit when:

• the mother and father separately gave confirmation for the sale of the minor’s share. If one of the parents who is not deprived of rights is absent, his consent will be required;
• the allocation of a share to the child in the sale of an apartment will be carried out with the receipt of the right to own another housing of the same size and conditions.

Additional features

Real estate can be not only in shared ownership, but also in joint ownership. Trading such real estate involves a number of features.

When carrying out the procedure for the sale of such housing, a written contract is developed, and an act of acceptance and transfer of property is also created.

The person acquiring the property receives the right to it thanks to the presence of a sales transaction act, which is signed by the husband and wife in the presence of an expert from Rosreestr.

conclusions

Those selling shared ownership properties must understand the criteria for selling shared ownership properties. It is best to come to a general agreement in advance. Recent changes in the law require the seller to respect the right of first refusal to acquire shares by the owners with mandatory written notice of the sale.

If one of the co-owners has not reached the age of eighteen, it will be necessary to involve the guardianship authorities, who will issue the appropriate certificates. The presence of a legal representative of the incapacitated person or child is required.

The procedure for the sale of an apartment by two or more owners will be invalid if the deed of sale and purchase is not confirmed by a notary.

If you have any questions, you can ask them free of charge to the company’s lawyers in the form provided below. An answer from a competent specialist will help you make the right decision.

Legal features of the transaction when selling an apartment by two owners

The purchase of housing from several owners is characterized by the following 3 points: shared owners must renounce the pre-emptive right to purchase in favor of a third party, joint owners make a unanimous decision to sell the apartment, the guardianship authority is obliged to approve the transaction of the minor owner.

Russian civil legislation establishes that if the sale of an apartment is carried out jointly by 2 owners, then their relationship with each other can be formalized:

1. In the form of shared ownership.
2. In the form of joint ownership.

Based on this, the buyer must take into account the specifics of the transaction when selling an apartment owned by two owners, the risks that arise when purchasing a home, and the documents that must be requested from the owners.

What does the buyer risk?

When purchasing a home from several owners, the buyer risks losing the home he purchased in good faith through the court if:

1. One of the owners did not obtain consent from the other co-owner to sell the property.
2. The seller did not notify the second co-owner about the upcoming sale of the home. Thus, he violated his pre-emptive right to acquire a share in the apartment.

Documents for concluding a transaction

To eliminate unreasonable risk from the transaction, you need to know what documents you need to request from the seller when concluding a purchase and sale agreement.

Figure 2. To conclude a transaction with two co-owners, additional documents are required, in addition to the purchase and sale agreement and a certificate of ownership. Source: website i.saytapi.org.

Table 1. Basic documents for the sale of a real estate property by a shared co-owner. Source: legal portal Consultant.ru

Document	Document type	A comment
Grounds for owning a home (privatization agreement, court decision, purchase and sale agreement)	General for contracts for the purchase and sale of residential premises	A document certifying the transfer of owner rights from one individual to another.
Certificate of ownership	General	An official document from Rosreestr confirming the fact of state registration of the apartment in the name of the owner.
1. Written notification to the second co-owner with an offer to purchase a share. 2. Written refusal of the second owner to purchase a share of the apartment.	Required	A document required to transfer a share in real estate to a third party if the second owner does not want to buy it.

Download the contract for the sale and purchase of an apartment with two owners (sample for shared owners).

With joint owner

Table 2. Basic documents required by a joint co-owner for the alienation of housing. Source: legal portal Consultant.ru

Document	Document type	A comment
Grounds for owning a home (privatization agreement, court decision, purchase and sale agreement)	General	A document certifying the transfer of ownership rights from one individual to another.
Certificate of ownership	General	An official document from Rosreestr confirming the fact of state registration of housing.
A notarized document confirming the consent of the first owner to the sale of housing by the second owner. This document is necessary if one of the owners cannot take part in the transaction.	Required	Joint property is managed jointly by its owners. Therefore, either the personal presence of both owners at the conclusion of the contract or the written consent of one of the owners to the transaction is required.

Download the contract for the sale and purchase of an apartment with two owners (sample for joint owners).

Download a sample of a spouse’s consent for the sale of an apartment by the other spouse.

Important nuance: If the joint co-owners of the home are a wife and husband, then the law provides for the possibility of selling residential real estate without obtaining a notarized consent or the personal consent of one of the spouses. During the transaction, the seller must present the marriage contract to the buyer. The document must indicate that the apartment belongs only to the seller and the other spouse does not have owner rights in relation to the alienated housing.

Additional documents

Additional documents that are checked before transferring money when selling an apartment by two owners include:

1. Passport.
2. Technical passport of the residential premises.
3. A certificate from the housing office containing information about the residents registered in the apartment.
4. Utility bills showing no debts.

How many contracts are concluded?

If the sale of an apartment is carried out by two owners together, then the conclusion of 1 agreement is sufficient. The document must indicate the personal information of two owners of residential real estate and the buyer.

Important nuance : One of the shared owners can sell housing without the presence of the second at the place of the transaction. In this case, the buyer needs to require that he show the notarized consent of the second owner for the sale.

When selling an apartment that the owners jointly own, one contract is drawn up. From the seller's side, it can be signed by both owners or one of them. Sole disposal of property is possible if the second co-owner has authorized it in writing. Such permission must be certified by a notary.

Procedure

For the shared owner

1. Prepare a package of documents for concluding a transaction.
2. Send a written notice with the terms of the agreement and the price to the other co-owner with an offer to buy out the share.
3. Wait 1 month for a response.

4. With the consent of the second owner, sell him his share of the real estate on the conditions specified in the notice. If the second co-owner does not agree with these conditions, you need to try to find an option acceptable to both parties during negotiations with him.

   If the buyer’s requirements do not satisfy the seller, the seller may refuse to sell him his part of the home and begin to look for another buyer.

5. Upon receipt of a written refusal or no response within 1 month, the seller’s obligation to notify the other owner is considered fulfilled. From this moment on, he is free to choose a buyer.

For joint owner

1. Obtain the written consent of the second co-owner, certified by a notary, or consent to personally participate in the transaction. If the decision to sell the apartment of 2 owners is not unanimous, the transaction will not be able to take place.

2. Prepare a package of documents necessary to conclude a transaction.
3. When drawing up the contract, personal data of only one of the joint owners is indicated.

   The second co-owner, if he personally participates in the transaction, only signs the document.

Who pays taxes

The law places the obligation to pay personal income tax into the state treasury on the seller.

If the owner has owned the apartment for more than 5 years continuously, then he receives the right to a tax deduction from the transaction price equal to 1 million rubles.

An important nuance: the minimum period of ownership of a real estate property to obtain the right to a tax deduction is reduced to 3 years if:

• The seller purchased the property under a lifelong maintenance agreement with dependents.
• The seller inherited or received the home as a gift from a close relative or family member.
• The seller received the property by concluding a privatization agreement.

If one owner is a child

In this case, the parents must provide the buyer with written permission drawn up by an employee of the guardianship authority. If they do not have permission, then purchasing an apartment will become extremely risky. The fact is that the guardianship authority can challenge such a transaction in court, citing the claim as a violation of the minor’s housing rights.

Figure 3. If one of the two homeowners is a minor child, then permission from the guardianship authority is required to sell the apartment. Source: Biscopi.it website.

Important nuance: When purchasing a home, always check the list of persons registered in it.

If a minor is registered in the apartment, then the purchase and sale of real estate will be impossible until:

• The guardianship authority will not approve the deal.
• The child will not be registered at another address.

Is it possible to sell an apartment if one of the owners is against it?

Table 3. List of actions in case of refusal of one of the co-owners to sell the apartment. Source: legal portal Consultant.ru.

Who objects?	How to act
Participant owner	The second owner sends him a notification by registered mail with an offer to exercise the right of pre-emption to purchase the share. If within a month there is no response from the second owner or he sends a written refusal, then the share can be sold to third parties.
Joint owner	Without a unanimous decision of the two owners to sell the apartment, purchase and sale transactions cannot be concluded with third parties. Options for solving the problem: 1. Convert joint ownership of real estate into shared ownership. 2. Offer monetary compensation to the owner who is preventing the sale of the property in exchange for his refusal to co-own the property.

Peculiarities of completing a transaction in a shared communal apartment

When purchasing a room that is part of a communal apartment, you must consider the following features:

1. The size of the share in a communal apartment is determined based on the area of ​​the room relative to the area of ​​the entire apartment.
2. Rooms shared by all residents, for example, a bathroom or kitchen, are divided depending on the size of the residents' shares, calculated according to the rules specified in paragraph 1.

What to do if you need to sell a room, but the shares in the common rooms are not documented? It is necessary to agree with the other residents on the division of common rooms into shares and have the agreement certified by a notary.

A communal apartment is an object of shared ownership. In this regard, one should not forget about notifying other residents about the upcoming sale of the share, since they have the right of priority to purchase the room being sold.

Important nuance : If a potential buyer suffers from a disease specified in Russian Government Decree No. 378 of June 16, 2006, then the seller’s neighbors in a communal apartment have the right to prohibit him from selling a room to such a buyer or demand in court to protect their interests if they are violated by the seller .

Video: “Is it worth buying a share in an apartment”

Considering the difficulties that a buyer may encounter when purchasing an apartment from two co-owners, one should listen to the opinions of professionals. They will help you avoid pitfalls when selling your home.

Buying an apartment from two owners in 2023

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Most often, the apartment is not individually owned, but belongs to several persons. We'll talk about the specifics of buying an apartment from two owners in 2023 below.

What the buyer needs to know

Joint ownership of real estate is the norm rather than the exception. The reasons why two people turned out to be co-owners of an apartment may be :

• buying an apartment during marriage;
• inheritance of housing by several people;
• privatization of their apartment by spouses;
• purchase of housing by several people at the same time, etc.

There are two types of such property:

• shared - a situation where shares are clearly distributed among the owners;
• general - the shares are not distributed, but each owner cannot dispose of the property without the consent of the other.

Each type of ownership has its own characteristics that the buyer must take into account. If you purchase housing from shared owners, you will need to include each of them in the contract or even draw up a separate agreement with each of them. If the managers of the property are several people united by common property, then the agreement is drawn up with one of them, but the rest must give their consent.

Also, “common” owners can distribute their shares in advance and sell them separately or under one agreement.

Apartment inspection: beware of the scammer

• Before finalizing the price and other aspects of the purchase and sale agreement, it is necessary to check the apartment for legal purity, and also make sure that all owners agree with the sale.
• So, when purchasing an apartment from spouses, you need:

• check whether there is official consent to the sale on the part of the second spouse;
• if there is a child among the owners, then request permission from the guardianship authorities;
• if the share belongs to an incapacitated person, permission from the guardianship will also be required.

When checking legal purity you need:

• check the information contained in the certificate of ownership - it always indicates the number of co-owners and the ratio of their shares;
• order an extract from the Unified State Register to make sure that the housing is not under an encumbrance, for example, under a mortgage, or under arrest;
• request from the owner a notarized permission to sell from other persons who have a priority right of purchase (for communal apartments);
• look on the bailiffs website to see if enforcement proceedings are ongoing against the seller;
• check on the court website whether the seller is a defendant in a property dispute.

Only when you are sure that there are no problems with the apartment you are purchasing can you proceed to the purchase process.

Acquisition from shared owners

Download a sample agreement for the purchase of an apartment from two owners

If the owners of the property are two owners, and each has an allocated share, then when selling the whole apartment they are independent sellers . But there is no need to work with them under two contracts, despite the fact that, in principle, this is allowed. It is better to draw up one agreement that specifies the roles of all three - two sellers and one buyer.

The contract contains the details of both certificates of ownership – for each seller separately. Technically, it looks like each owner of a share sells it independently of the other.

But sometimes drawing up two contracts cannot be avoided - for example, when sellers are located in different regions or do not fundamentally communicate with each other. In this case, the buyer will be able to buy a share from one owner, and then from another. The consent of the other party is not required in any case.

In addition, one of the owners can issue a power of attorney through a notary for the right to sell his share. Then the buyer interacts with only one seller: he sells him at the same time his share and the second co-owner by proxy .

If the owners own the property jointly

Download a sample agreement of spouse's consent for the sale of an apartment

Joint ownership is usually formed when a home is purchased by married spouses. In fact, only one of them is the owner of the property - in whose name the apartment was registered.

But if real estate was acquired during marriage, then in the absence of the consent of the second spouse it is not possible to sell it.

Otherwise, the actions of the participants in the transaction are regarded as fraud, and any court will terminate the illegal transaction.

Consent is drawn up on a special form and certified by a notary.

In addition, joint ownership may arise among heirs and close relatives if the apartment was purchased with a mortgage and one of them acted as a co-borrower. So, if the seller has relatives, it is necessary to obtain their consent.

Features of the purchase if the owner is a child or incapacitated

If the sellers are parents, and there is a child among the share holders, then it will simply not be possible to buy such housing. To purchase such property, parents will first have to obtain consent from the guardianship authorities.

In turn, officials will give permission for the sale only if the child is simultaneously given a share in other property. Thus, it is realistic to buy such real estate only through an alternative transaction.

Most often, the child becomes the owner of the share if the housing was purchased with maternal capital. Therefore, check whether the mortgage has been issued and whether the encumbrance has been removed. Otherwise, when conducting a transaction, you may encounter unpleasant “surprises”.

If among the owners there is a citizen declared incompetent by the court, then the other owner of the property will also need to obtain the consent of the guardianship authorities.

You should also pay attention to the moment of discharge. It is better if children and incapacitated citizens are discharged before the sale of housing. This will not prevent the registration of the transfer of ownership in any way, but in the future there may be difficulties with the extract.

How to buy a communal apartment

If the buyer wants to purchase a room in a communal apartment, then the situation is somewhat more complicated. A room in such an apartment is often registered as the common property of the residents, for example, a husband and wife. But the apartment has common areas - toilet, kitchen, hallway. This area must be distributed into shares.

This is done in front of a notary with the general consent of all owners, including the owners of other rooms. In addition, the remaining residents must give written consent to the sale of the room, since they have a priority right to purchase. This is done again at the notary.

How a contract is drawn up

The form of the agreement for the purchase of an apartment from two owners generally does not differ from the usual one. The only difference is that two persons will be listed as the seller. You will need to describe what the share of each of them is, as well as provide their personal data.

The contract must include the following information:

• the place where the agreement was drawn up and the current date;
• Title of the document;
• information about the buyer and sellers, including their passport details, residential address and contact telephone number;
• data on the size and value of shares owned by both owners;
• property location address;
• characteristics of the object - area, number of rooms, floor, etc.;
• cadastral number of the apartment;
• housing costs;
• how much money has already been transferred to the owners under the preliminary agreement as an advance or deposit;
• method and procedure for payment (for example, in cash, by interbank transfer, using a safe deposit box, etc.);
• rights and obligations of the parties;
• settlement of disputes.

At the end, the date and signatures of all three parties to the transaction are placed: two sellers and one buyer.

Thus, buying an apartment from two owners is a fairly common legal procedure. The buyer only needs to make sure that the second owner of the property agrees to sell it and obtain written confirmation of this.

Difficulties arise if the second owner is a child - but they must be resolved by the parents of the minor. The form of the contract will not differ from the standard one, only instead of one seller both are indicated.

There is no need to draw up two separate agreements.

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Purchase and sale of an apartment with several owners: sample agreement, conditions and procedure for concluding a purchase and sale agreement for an apartment in common ownership, list of documents | Housing consultant

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The content of the article:

Contract of sale of an apartment

The purchase and sale of any property is an inherent property of private property, which was introduced in the 1993 Constitution . Citizens are free to enter into transactions and freely transfer property, including on the basis of a contract.

The purchase and sale agreement differs from other transactions in the obligatory payment for the transfer of property, which has real and value indicators.

The apartment cannot be moved or transferred in any way other than establishing a regime of residence and use of a certain territory, and therefore is regulated by other legal norms.

In particular, the basic conditions and basic principles of contractual relations in the field of purchase and sale are laid down within the framework of Article 454 of the Civil Code of the Russian Federation , but in judicial practice and when concluding standard contracts themselves, attention should be paid to paragraph 7 of Article 549 . This rule determines the procedure for the use and transfer of real estate, as well as the formation of prices, the form of conclusion and the special responsibilities of the parties. Apartments with several owners are regulated by Article 247 .

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The parties to the transaction are the interested parties, represented on the buyer’s side by any individual or legal entity, and on the seller’s side by the owner.

Requirements for an apartment upon purchase

The apartment must also comply with technical regulations and legislative norms:

• The building should not be written off. The relevant information is stored in the BTI and the settlement administration.
• If shares in an apartment are allocated to several owners, each of them must go through the state registration procedure.
• The apartment must be private, that is, either purchased from the developer or privatized.
• The apartment must not undergo illegal redevelopment.
• There should be no registered persons in the apartment, especially minors.

It is also important that the parties to the transaction themselves can conduct real estate transactions and meet the following criteria:

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• Have legal capacity. In some cases, the buyer, in agreement with the seller, may engage a psychiatric expert to make an opinion on the person’s ability to perform significant legal actions.
• Be of legal age. Minors can own property, but the sale of the apartment is carried out by a legal representative.
• Have sufficient legal capacity. Obviously, a person who is not the owner of the property cannot dispose of it.

Types of common property

Regardless of the reasons for its occurrence, property can have the status of common in two legal regimes:

• Fractional ownership - persons have the right to own and dispose of a certain fractional share within one property. Upon notification of the second owner and granting the right of priority sale, free disposal of shares is possible.
• Joint ownership - persons have equal rights to the same object, while equality does not necessarily mean a share (including 50% ). Such property can be divided, but until the moment of division, everyone has the right to agree or refuse to carry out the transaction.

Shared ownership does not only arise with the initial shared purchase. The reason may also be an inheritance divided into a list of heirs, or a broken marriage. In the latter case, the parties either enter into an agreement on the allocation of shares, or carry out the division in court, as close relatives.

Joint ownership arises during marriage, but only for the property that was acquired during the marriage.

Spouses can jointly use property, but dispose of it only by mutual consent.

It is worth noting that joint ownership does not imply the presence of several owners: there is always one owner, but another family member has the right to receive a share in the future.

Procedure for drawing up a purchase and sale agreement

Due to the complicated nature of ownership, the stages and procedure for drawing up an agreement also differ from a simple transaction:

1. Before concluding an agreement, you must make sure that the rights of other co-owners are respected. Specifically, the seller must notify them in writing and provide 30 days for priority purchase. The transaction may be declared invalid if this rule is not observed, but only within one year (for example, if it is not known where the second owner is, he can terminate the transaction through the court).
2. You should check whether the share is allocated in kind (or the fact of the presence of a communal apartment) or whether the shares are only determined by agreement. If the seller owns only a certain part (without a specific indication of the room or area), an allocation must first be made.
3. If the apartment belongs to a married person and is joint property, it is necessary to obtain the written consent of the spouse to carry out the transaction.
4. If the share belongs to a minor, permission must be obtained from the guardianship authorities. Likewise, if a person has a guardian, then a similar permit is issued.
5. Draw up a preliminary agreement for the purchase and sale of an apartment , recording the intentions of the parties. You can view and download here: [Sample preliminary purchase and sale agreement].
6. Request from the owner a certificate confirming the absence of debts, seizures and restrictions. A certificate from the Federal Migration Service, the passport office and an extract from the Unified State Register are also required, which the buyer can order independently.
7. It is necessary to study the reasons for the emergence of shared (joint) ownership. The area of ​​risk is inheritance, within which rights can be restored for up to three years.
8. The apartment is checked for the presence of encumbrances that may not be noted in the registers. The owner must provide the certificates.
9. A purchase and sale agreement is signed for a share or the entire apartment (in case of joint ownership), within which the consent (or reason for refusal) of the other owners is indicated.
10. The standard agreement specifies the procedure for terminating the registration of owners and the financial relationship between them in the event that the amount paid must be divided. Filling out such a document may be associated with the involvement of these persons in signing obligations.

Procedure for registering the transfer of ownership rights

Having concluded an agreement, the parties must formalize the corresponding rights. Moreover, it is possible to make a deposit at any stage, which should also be noted in the documents. To carry out state registration, if the agreement is already in force, you must:

1. Together with the owner, determine the moment of transfer of funds. If it occurs before submitting documents to Rosreestr, you should draw up a deposit agreement or receipt.
2. The package of documents should be submitted to Rosreestr or a multifunctional center, whose authority allows them to consider the owner’s application and the circumstances of the change of entry in the register.
3. After 10 days, the procedure for issuing a certificate for the new owner takes place.
4. The apartment is transferred according to the transfer and acceptance certificate . If the funds (or part of the funds) were not paid earlier, an act of transfer of funds is also concluded.

List of documents

What documents are needed are determined by civil and housing legislation:

• Passports for identification at the registration authority.
• An agreement that was drawn up using a sample purchase and sale agreement with several owners . You can view and download here: [Sample agreement for the purchase and sale of an apartment with several owners]. The document specifies the final cost, the transfer procedure and a list of the owners themselves.
• Application to Rosreestr with a request to re-register ownership.
• A copy of the notice to other owners.
• Extract from the Unified State Register.
• Previously issued certificate of title.
• Preliminary agreements or deposit agreement.
• A document certifying the transfer of funds.
• Technical passport of the premises.
• Certificates on official forms indicating the absence of debts.
• Certificate of registered persons.

In some cases, additional documents are required. In particular, the guardianship authorities, which must express written consent in the case of a minor living in an apartment, must find out another place of residence of the child. Spouses can enter into an agreement on the allocation of shares: in this case, the document must undergo state registration.

Many sellers also use a trick when they try to bypass the pre-emptive right : instead of a purchase and sale agreement, they use a gift agreement, for which there are no such restrictions.

Procedure for transferring funds for an apartment with several owners

Funds can be transferred both before and after the transaction, but must be recorded as part of a deed or receipt. When transferring funds, as well as when setting prices, you should not be cunning.

Some owners inflate the price in order to weed out other homeowners from selling (at the same time, part of the funds is returned to the buyer), while others, on the contrary, lower the price in order to save on taxes.

In the event of a conflict situation, it will be impossible to prove the presence of excess funds.

The buyer can transfer money in three ways:

• Independently in a personal meeting.
• Letter of credit.
• Through a safe deposit box.

If a third party (co-owner) is entitled to compensation, two safe deposit boxes are opened in different names. It is worth noting that within the framework of one agreement, only one share should be purchased, or, if the apartment is small, a special agreement is drawn up with multiple persons. Using a letter of credit is the safest, but the cost of supporting such a transaction by a bank is much higher.

An example of the procedure for buying and selling an apartment that has two owners

The citizen received an inheritance from his parents, which was divided equally with his sister. Since the apartment was small, and the brother and sister never got along, the citizen decided to sell it and use the proceeds to improve his own living conditions.

The inheritance was not divided in equal shares: two-thirds went to the brother and only one-third to the sister, who did not live in the apartment.

Having learned about her brother's decision to sell his share, she refused to give consent.

The brother had the opportunity to either go to court to force him to receive compensation (in connection with a small share), or ignore her pre-emptive right and notification under Article 255 of the Civil Code of the Russian Federation .

At the same time, even in the case of notification and refusal, a person who de facto does not live in the apartment cannot refuse to sell the share.

The contract itself will differ in that it will indicate the second owner, as well as the circumstances of the refusal. This is not the best option for the buyer, but it will be quite difficult to challenge the transaction.

Conclusion

Conducting a transaction in relation to housing divided between different owners is complicated by their right to priority purchase of shares, as well as the procedure for expressing consent (disagreement). The law establishes that:

• The transaction is possible both in relation to a share and the entire apartment. In this case, several agreements can be concluded or one, but with several sellers. You can familiarize yourself with such a document if you download a sample of the purchase and sale of an apartment in 2017 . You can view and download here: [Sample apartment purchase and sale agreement].
• Providing information and notifying other owners is the responsibility of the seller.
• The share that is the object of sale must be allocated in kind.

Samples of applications and forms

You will need the following sample documents:

List of laws

• Article 454 of the Civil Code of the Russian Federation
• Article 549 of the Civil Code of the Russian Federation
• Article 247 of the Civil Code of the Russian Federation
• Article 255 of the Civil Code of the Russian Federation

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Purchase and sale of an apartment with two owners

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Purchasing an apartment is an important procedure, as a result of which the owner changes. If the property is owned by two people, additional registration difficulties arise. How does the purchase and sale of an apartment with two owners work?

Key Features

A standard transaction involves one seller and one buyer, so it can be done in simple written form. According to Part 1 of Art. 246 of the Civil Code of the Russian Federation, a separate procedure is established for the sale of real estate in shared ownership.

If the apartment is in shared ownership, the simple form is not allowed. If such an agreement is submitted to Rosreestr, registration actions will be refused. Only documents executed by a notary are accepted. They concern the following:

• offering a share of the apartment to the second owner or an outsider;
• signing an agreement if both owners are ready to sell the property.

Payment for notary services depends on the region of residence. The parties agree in advance who will bear the costs and in what proportion.

Purchase and sale procedure

If the entire apartment is sold, the basic sequence is no different from when there is only one owner.

In the same way, a buyer is searched for and documents are submitted to register the transaction. But there are some peculiarities in signing the agreement and the composition of the information.

The following sequence of actions is performed:

Preparation of documentation	First of all, you need to prepare a complete set. It includes documents from two sellers and a buyer.
Registration of purchase and sale	The signing takes place at the notary with the participation of all persons indicated in it. Their passports are provided and signatures are affixed to the agreement. The notary warns about the possible consequences of such a decision, and then certifies the transaction.
Registration of transfer of ownership rights	The documents are submitted to Rosreestr along with the application. The presence of participants is required, but you can send a representative with a power of attorney. After 5-7 business days, the property is transferred to the new owner, and the sellers receive money in accordance with the size of each share.
Signing the transfer and acceptance certificate	When the main procedure is completed, the parties meet. It is indicated that the new owner received the property in good condition, and the seller received the money. In this case, the transfer deed is signed separately with each seller in the form of separate forms.

Important! In this case, the purchase and sale agreement is prepared in 4 copies. One of them remains in Rosreestr, the second - with the buyer. two more - from both sellers.

Contents of the agreement

Particular attention is paid to the purchase and sale agreement. It includes the required information:

• date and place of signing;
• the subject of the contract, which specifies an apartment indicating the address, floor, area and number of rooms;
• details of the owners indicating the last name, first name, patronymic, residential address, size of each share;
• information about the buyer;
• amount and features of payment;
• rights and obligations of the parties.

Signatures are placed not only on each copy, but also on all pages. It is important to avoid mistakes, especially in the details. If this happens, it is recommended that you fill out a new form.

Required documents

If there are 2 owners in an apartment, how to sell the property? After signing the agreement, a complete set of documents is submitted to Rosreestr. You can contact one of its branches or through a multifunctional service. But in the latter case, the registration period will be 7-9 days instead of 5, since it takes time to send the documentation.

The following kit is supplied:

• application of the established form;
• passports of all participants in the transaction;
• if one of the owners is a minor, a birth certificate or passport is provided depending on age.
• technical plan;
• an extract from the Unified State Register or a certificate of ownership, if available;
• document of title (sale and purchase agreement, donation agreement, privatization act, certificate of inheritance;
• notarial consent from the spouses of both sellers, if the property was purchased
• axis in marriage;
• receipt of payment of state duty in the amount of 2000 rubles (usually the buyer pays the costs);
• purchase and sale agreement in 4 copies.

The employee will accept the documents and issue a receipt and set a date. Upon a second visit, an extract from the Unified State Register is provided, which indicates the details of the new owner.

The second owner is against

In most cases, apartments are sold with the consent of all owners. This makes it easier to find a buyer and get the most favorable payment. How to sell an apartment if the second owner is against it? Then you can sell your share in the property. The following sequence is performed:

1. The second owner is notified in writing of the upcoming transaction. He is offered to buy the second part. In this case, the payment period and the cost of the share are indicated. He has 30 days to make a decision after receiving the notice.
2. If he refuses to buy out the share, he has the right to find an outside buyer. A purchase and sale agreement is concluded with him at the notary.
3. At the final stage, you need to contact Rosreestr, and the buyer makes a payment.

Attention! When offering a share to an outside buyer, you must additionally attach a written refusal from the second owner. If he has not prepared the document, a notice and confirmation of delivery are attached. This may be a second copy with signature upon receipt, a postal notification when sent by letter.   

Thus, when selling an apartment with two owners, it is important to correctly approach the preparation of documents and sign the agreement with a notary. In this case, you can hope to complete the transaction in the shortest possible time.

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