Is it possible and how to sell an unallocated share in an apartment?

It is not uncommon for several people to own one apartment. This is a common and completely natural situation. As a rule, such people are one family or close relatives.

However, it is quite possible that one of the owners wants to receive the appropriate amount of money for their part of the property.

Is it legally possible to do this and, if possible, how should one proceed in this case?

In principle, there are several options for selecting a part. If the owners were able to agree among themselves, then allocating it to the interested party can be done through an agreement. If agreement could not be reached, then this issue will have to be resolved by going to court.

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Here it is necessary to say a few words about the binding nature of such decisions. On the one hand, it is impossible to force someone to dispose of their share of property. On the other hand, exceptions may occur. For example, if sharing an apartment is completely impossible for some reason. In the latter case (not always), the court may oblige the allocation of shares in one way or another and, forcibly, make a division.

That is, in reality the court can decide the issue of the size of the allocated share or the share in kind. But he cannot oblige people to agree to appropriate payments and re-registration. And the decision on division can be not only in the sense of determining the value of the corresponding share, but also in determining the procedure for using common property.

This is relevant when we are talking about cohabitation of the owners and their immediate relatives in this housing.

Step-by-step instruction

1. The first step is to try to reach an agreement between all owners. There are two possible options:
   • Let's consider the first of them. In the title documents, what share someone has in the ownership of a given apartment is strictly defined. As a rule, in this case, a fractional value is indicated (1/2, 1/3, and so on), which corresponds to the part of a particular person. That is, in this case it is already selected. This situation occurs when we are talking about shared ownership.
   • In the second case the situation is different. Common property can be in the form of joint ownership. In this case, initially, everyone’s shares are not allocated. It’s just that everyone uses this apartment together. In this situation, the share has yet to be allocated. It is possible that the owners jointly consider this issue and come to a definite decision. In this case, you will need to conclude an appropriate agreement and officially register it.
2. If an agreement cannot be reached, then it is necessary to go to court with this issue. There, all the essential circumstances of the case will be considered and the size of the corresponding share in this property will be determined.
3. After this, its receipt must be registered with the registration authority.

   Data on ownership must be recorded in the State Register.

Here you need to pay attention to the fact that the allocation of a part usually occurs in the form of fixing a share of the cost of the apartment. However, there is also an option where a division in kind can occur.

But for this it is necessary not only to allocate a separate room, but also all additional utility rooms (we are talking about the kitchen, corridor, bathroom and other rooms) and a separate entrance to it. Since in practice the opportunity for this is quite rare, a natural allocation of a share is usually not done.

Where to contact

There are 2 options here. Let's consider them separately:

• If a voluntary agreement is reached, it must be certified by a notary. After this, you need to contact Rosreestr (registration authority) in order to enter data on the ownership of real estate in the Unified State Register (USRE).
• Let us assume that it is not possible to voluntarily allocate a share. Then you must first go to court to resolve the issue. If the decision is positive, then on its basis it is necessary to submit the appropriate package of documents to Rosreestr for the state registration of ownership of real estate as provided for by law.

Required documents

• When voluntarily concluding an agreement on the allocation of a share between the owners, only the agreement itself is necessary. It must reflect the details of the parties, the cadastral number of the apartment, data on the title documents for it and other significant circumstances. After the conclusion, it must be notarized.
• To go to court, all necessary documents must be submitted:
  • Passport details.
  • Title documents for everyone's ownership.
  • Cadastral passport.
  • Other important documents to clarify the situation for the court.

Procedure for selling a share in an apartment

So, let's assume that the share is determined. How, in accordance with the law, can it be sold?

Step-by-step instruction

1. First you need to offer to buy out the share of the other owner of this apartment. This must be done under specific conditions, which must be stated in writing. After a written refusal to purchase, it is allowed to offer the purchase of the share to someone else.

2. In the future, you can offer it to other buyers, but at the same price at which the purchase offer was made to other owners. The price can only be adjusted upward. Their consent to sell is not required.

3. After the share has been sold, new ownership rights must be registered with Rosreestr.

Nuances

At first glance, the sales process does not look very complicated. However, in practice, there are important nuances here:

• Suppose it is almost impossible to find some apartment owners. However, their refusal to purchase is a prerequisite for the sales process. What is the right thing to do in this case? If you have an estimated latest address where this person can be found, then you can send him a registered letter with notification. If after this there is no reaction within a month, then there is already reason to believe that he refused the purchase. Of course, certain questions may arise in connection with this in court. But if you act in this direction and document your actions, this will significantly improve the chances of making a positive decision.
• Another important point is related to the registration of the new owner in this apartment. He himself can complete such registration without any problems. However, his relatives must obtain the unanimous approval of all other owners for this. It is possible that they will not be allowed to register. Therefore, when purchasing a share in this case, it makes sense to split your part among all those relatives who will need to be registered in this apartment. In this case, there will be no problems in the process of obtaining registration.
• And further. There is a form of cohabitation when the court distributed the rooms between the owners, but left the utility premises for common use. Having determined its order. In this case, the arrival of a new owner changes the situation completely. After all, it is not included in the previous agreement on the procedure for use. If there is a need for it, then it must be concluded again.

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How to properly sell a share in an apartment: step-by-step instructions for owners

What is a share and who needs it, how to properly allocate your share and quickly complete a purchase and sale transaction, and is it possible to sell it without a notary? Let's look at the procedure and rules for buying and selling a share in an apartment below.

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What it is ?

Common property – joint and shared – is discussed in Chapter 16 of the Civil Code of the Russian Federation. Officially, a share is a part of property that belongs to a certain person . But this is not, as is sometimes thought, a “corner” whose area is calculated in square meters.

No, each apartment owner, having a share, can and has the right to use the real estate in full:

• be in any of the rooms;
• visit the bathroom;
• store your things wherever you want;
• prepare food in the kitchen.

The size of the beat is mainly important in cases where speech occurs:

1. on alienation of real estate;
2. on issues related to making mandatory payments: taxes, in particular.

This takes into account the size of the share each co-owner has, and how much money each should receive or spend.

Reference. A share differs from a part allocated in kind in that it is reflected on paper and not in physical space.

Is it possible to sell part of the property and for how much?

Based on the provisions of Art. 250 of the Civil Code of the Russian Federation, each owner has the right to sell his share, both to another co-owner and to an outsider. Let's consider the mechanism.

Sale without allocation in kind

To divide one room into several, you need to make separate entrances and exits. And this can only be realistically accomplished if you have an apartment on the 1st floor. Best case scenario.

The law does not prohibit alienation of a share in the right. In this case, the buyer gets the opportunity to use the entire apartment, like other participants in the common property.

Attention! In each case of alienation of a share of real estate, its remaining owners are given the right of first refusal. That is, you can sell a share to a third party only if other co-owners do not want to acquire it.

If the co-owner is against

There is nothing wrong with this situation. It happens. If the co-owner does not want to alienate the entire property and does not want to purchase the share being sold, then you can safely offer 1/2, 1/3 or another part of the apartment to a third party.

The main thing is to correctly draw up documents indicating that the opportunity to exercise the right of first refusal has been provided.

Read about selling a share in an apartment without the consent of the second owner here.

In a minor

But this, in practice, is quite difficult to do. As a general rule, a child’s share in housing should not be alienated until he or she comes of age. If you really need to sell the share, you will have to contact the guardianship authorities and obtain special consent. It can be issued only in certain cases when it is clear that the child’s rights will not be violated.

Namely:

• The minor will receive in the near future an apartment or a share of housing that will be larger than the existing one.
• The family moves to another region of the country, they lose interest in the property available in a particular city, and there is a desire to sell it so that it does not stand idle.

Thus, we can say that the share of an apartment is property that can actually be transferred into ownership to another person for money .

This article talks about the sale of a share in an apartment if a minor child is registered or is the owner.

Sales options

The provisions of the Civil Code of the Russian Federation provide for a lot of options to whom you can sell your share.

To another owner

This is the best way to get rid of a share in real estate. The seller wins, and the buyer also receives benefits.

• For the former, this option is convenient because there is no need to look for third-party buyers or issue a notice of sale to the co-owner.
• The second - because the apartment becomes his property, he will not have to put up with the existence of strangers in it.

Our material describes the sale of your share of an apartment to another owner.

To a relative

If such a person does not have other shares in the apartment, then he will have to follow all the procedures provided for by law:

1. sending a letter to other owners with an offer to buy real estate;
2. The reply is in process;
3. conclusion of a contract.

However, you can do without following a number of procedures if the share in the ownership of the apartment is not sold, but donated.

You will find step-by-step instructions on the procedure for selling a share of an apartment between relatives here.

To a stranger

You can sell your share in a privatized apartment to a third party if the second owner does not want to purchase it.

Important! The selling price for the owner should not be higher or lower than the one quoted to the other person.

Bank

You can transfer your share in the apartment as collateral to a credit institution or to satisfy a debt obligation.

For example, when applying for a loan, a person can pledge his share as collateral to guarantee the fulfillment of agreements. Let us note that the banks themselves are not very willing to get involved with shares. The reason is clear: it is not clear what to do with this property next. There is a second owner or even several owners in the apartment; it will not be possible to sell it completely and get money for it.

By taking the entire property for debt, a financial institution can easily sell it, receive money and cover the debt. It is quite difficult to find buyers for housing that will have to be shared with other strangers.

To the State

Property can be transferred into ownership:

• states;
• municipality.

However, people prefer to alienate shares of apartments or apartments entirely in favor of private individuals. Meanwhile, there are known cases of privatization. In practice they do not occur so often, but they do occur.

Reference. If a person cannot bear the burden of owning real estate, there are chances to transfer housing into the ownership of the municipality.

The Civil Code does not prohibit the transfer of real estate under various transactions to the balance sheet of various government agencies.

Is notarization required?

Is it necessary to formalize a purchase and sale transaction notarized? Since 2016, all transactions involving the sale of real estate that is in shared ownership are carried out only through a notary .

Thus, if one owner sells his share, he must contact the notary’s office together with the buyer. This is directly evidenced by the provisions of the Federal Law “On State Registration of Real Estate”.

Step-by-step instruction

To sell your share of home ownership, you must complete a number of steps.

Notice to individuals

The notary office must prepare a letter containing the following information:

1. about the intention to sell the share;
2. about the price for which the seller is willing to part with the property;
3. about the period by which he will wait for an answer.

Attention! Co-owners must make a decision to purchase within 1 month. If there is no response to the notification within this period, then you can safely look for a buyer outside. The notary certifies the authenticity of the signature on the notice.

Preparation of documents

The list of papers is as follows:

1. Title documents for the share:
   • contract of sale;
   • privatization;
   • certificate of inheritance and so on.
2. Certificate of state registration of rights (if any).
3. Certificate of persons registered and retaining the right to reside in the apartment.

You will also need an extract from the Unified State Register of Real Estate, which, like some other papers, can be requested by a notary.

Drawing up a preliminary agreement

If the buyer cannot hand over the money immediately, a preliminary purchase and sale agreement can be drawn up. It is drawn up in notarial form. The application for the sale of a share specifies the value of the property and the period for concluding the main contract.

Receiving a deposit

A deposit is immediately transferred, the fact of receipt of which can be additionally confirmed by a receipt.

Reference. The deposit amount, as a rule, is 10-20% of the total cost of the share.

Transfer of remaining funds

When the main contract is concluded, the remaining money is transferred. The methods may be different:

• cash;
• Bank transaction;
• using a safe deposit box.

The simplest and most convenient method of all is the second.

Registration of transfer of rights in Rosreestr

After the agreement is signed, it and other papers must be submitted to Rosreestr to register ownership. Otherwise, for third parties the transaction will be considered unconcluded. The buyer pays a state fee of 2000 rubles. And the seller puts his signature where the relevant officials require it.

Now documents for registration of rights are also accepted by the MFC.

Features of the procedure

Depending on how the property was obtained and how it is planned to be disposed of, there are several features.

Housing received by inheritance

The owner of such property is not at all impaired in his rights. However, if the desire to sell the share arose in advance, then it is better to do this at the stage of registering the inheritance property. There is no need to register the right with the Rosreestr authorities.

Important! It is necessary to conclude an agreement with a notary on the division of inherited property, according to which the entire apartment will be transferred to one of the heirs, and the others will receive compensation for abandoning their shares.

Gift transaction

In practice, this option is actively used. It is known that close relatives do not pay personal income tax on a gift transaction. Therefore, it is better to give them a share rather than sell it. In this case, there will be no need to notify other owners about the alienation of real estate. You can also give a share to a stranger. He will transfer the money unofficially.

However, there are risks:

1. They can cheat you with payment.
2. The transaction may be declared invalid as a sham, concealing the purchase and sale agreement.

Room in a communal apartment

The peculiarity of such a transaction is that it is not the share in the ownership of the apartment that is alienated, but a specific room.

1. In the first case, the new owner will be able to use all premises of the housing.
2. In the second - only your room and common areas: toilet, bathroom, and so on.

Read more about selling a room in a communal apartment here.

Thus, selling a share in an apartment is a rather complicated process, which has a number of subtleties. You need to know about all of them or have a specialist on hand who is well versed in the issue.

To solve your problem RIGHT NOW get a free LEGAL consultation: +7 (499) 504-88-91 Moscow

Is it possible to sell an unallocated share in an apartment?

In this letter, be sure to indicate all the terms of the transaction.

If the remaining owners do not agree to purchase the space you are selling within a month, then you will be able to enter into an agreement with whomever you wish. If you violate this rule, the remaining shareholders may go to court within the next three months. Any of them can file a claim with a request to transfer all your rights as a seller to themselves.

After they have all received your message, submit a list of the following papers to state registration:

• Title documents for the apartment.
• Refusals of all owners to purchase your share (in writing with a notary seal).
• Application for state registration.

If formalized responses from the co-owners are not provided to the petition itself, then the government body has the right to stop all ongoing processes.

How to sell a share in an apartment to another owner?

In fact, the process of selling part of the housing to a third party is not difficult at all. The only thing that may be required in this case is the consent of the remaining owners.

In case of shared ownership of an apartment, the co-owner's share can be allocated in kind (a separate room or several rooms). If the shareholder is not assigned a separate room, then the share is considered not allocated. A share in an apartment or house is not allocated if the agreement of the co-owners or the court does not determine the procedure for using the apartment.

• Each case is unique and individual.
• Understanding the basics of the law is useful, but does not guarantee results.
• The possibility of a positive outcome depends on many factors.

Common ownership of an apartment arises:

1. as a result of privatization of an apartment for all family members;
2. when inheriting an apartment (share) by several heirs;
3. as a result of a transaction determining the shares of each owner.

Sooner or later, the question of selling the apartment arises between the owners of a shared apartment, with a view to further purchasing separate housing.

Sale of an apartment in shared ownership

The most expedient way to sell shares in an apartment is to sell the apartment completely.

Is it possible to sell an unallocated share in a house?

• A fictitious overvaluation can be regarded as a violation of the pre-emptive right to purchase, which in turn entails the transfer of the rights and obligations of the buyer to the interested co-owner (the issue is resolved in court). Peculiarities of a transaction with an unallocated share
• If the co-owners decide not to register the division of the living space, but to sell it entirely, the transaction is concluded in the manner described above, with the exception that they must be present in full when signing the agreement.
• If desired, you can replace personal appearance at the place of the transaction with the written consent of the absent property rights holders.
• An additional discount of 20-40% can be a strong argument in favor of purchasing a share in an apartment, taking into account all future difficulties.
• Considering the low demand for this type of real estate, you can sell directly to a realtor, but the price will have to be set at 30-50% of the calculated one.
• Source: http://MirBlankov.ru/vydelenie-i-prodazha-doli-v-kvartire/

Real estate

• What is the concept of “shared ownership”?
• How to sell a share in an apartment in 2017: are there any changes in legislation?
  • How to sell a share in an apartment to another owner?
• How to sell a share in a mortgaged apartment?
• How to sell an apartment with children in a share: what can happen if you do not take into account the rights of a minor child to privatized housing?
• How to sell an unallocated share in an apartment?
• How to sell a share in an apartment through the court?

Photo from www.huffingtonpost.fr

Selling your part of the property can be a good way to get funds that you want to invest in something more profitable.

Is there a law on the sale of unallocated shares in an apartment to a third party?

1. In accordance with Art.

2. 250 of the Civil Code of the Russian Federation, when selling a share in a common property right to an outsider, the remaining participants in shared ownership have a preemptive right to purchase the sold share at the price for which it is sold, and on other equal conditions, except in the case of a sale at public auction, as well as cases of sale of a share in the right common ownership of a land plot by the owner of a part of a building or structure located on such a land plot or by the owner of premises in the specified building or structure.
3. We recommend reading: Documents for registering a built house

Good afternoon If your husband has not separated out the house register from it and you live in the apartment, then you do not have the right to receive ownership of the apartment for free until a property deduction is received upon the sale of a larger share, inherited by one of the owners, the court collects the specified period and explains the result of the refusal with a note on receipt of an extract from the Unified State Register for a subsidy and an examination will be requested within three months.

Is it possible to sell an unallocated share in apartment 2023

• In addition, theoretically, you can try to force your neighbor to sell you his share in court, of course, with payment of compensation.
• Previously, this was impossible, but at the beginning of 2013, the Supreme Court of Russia created a precedent.
• Source: http://exjurist.ru/biznes/prodazha-nevydelennoj-doli-v-kvartire

Allocation and sale of a share in an apartment

The division of real estate can be carried out after a preliminary agreement on the parameters of the shares of each owner. If there is no such agreement, the shares will be distributed equally.

Is it possible to sell an unallocated share in an apartment 2018

1. Difficulties mainly arise when co-owners of shares in apartments cannot agree.

2. Some of them begin to create obstacles for their co-owner to use his share of the apartment, others accept a completely honest and fair offer to sell the entire apartment together and divide the money in proportion to the shares in the apartment.

3. This position is mainly ignored by those owners of common property who find themselves in apartments.

They understand perfectly well that their neighbor, who lives with his family in a separate apartment, will not realistically move into his share of a shared apartment in order to live in a communal apartment. Promises that they are ready to buy or sell an apartment, switch to shared use, etc.

there will be no end.

Moving in for a share in an apartment

Agreement on the determination of shares Download the agreement Users can find a sample agreement on our website.

Is it possible to sell an unallocated share in an apartment without the consent of others?

If you decide to sell a share in a privatized apartment without notifying the co-owners, Rosreestr will not register the transaction. The employee will definitely require a written refusal from the owners or proof that you tried to contact them. Even if the transaction is registered, the co-owners will be able to sue and declare it void.

Find someone to sell your share in the apartment to

The search for a buyer can begin both before and after notifications are sent. If you find buyers before, they may not agree to wait a month. If after, it will be possible to immediately draw up a real estate purchase and sale agreement.

You can search for buyers in different ways. The most effective way is to place ads on popular free sites. In the description, be sure to indicate that you are selling a share and provide an acceptable price. In order not to make a mistake with the price, study the market in advance: find similar offers, calculate the average cost and build on it.

Prepare your documents

First, check to see if you have debt on utility bills. According to current legislation, residential real estate cannot be sold with existing debts.

How to sell an unallocated share in an apartment

Attention

If you don’t have a cadastral passport and technical plan, register them with the BTI or Rosreestr.

In some cases, additional documents may be needed - the consent of the spouse for the sale, permission from the bank or permission from the guardianship and trusteeship authorities. We will talk about such cases below.

Draw up a purchase and sale agreement with a notary

Innovations in laws require that a contract for the sale and purchase of a share in an apartment or other real estate be drawn up with a notary. This is due to the fact that it is necessary to protect the interests of all parties to the transaction - the buyer, seller, as well as co-owners of the property.

Visit the notary with the buyer.

Is it possible to sell an unallocated share in an apartment?

In case of shared ownership of an apartment, the co-owner's share can be allocated in kind (a separate room or several rooms). If the shareholder is not assigned a separate room, then the share is considered not allocated. A share in an apartment or house is not allocated if the agreement of the co-owners or the court does not determine the procedure for using the apartment.

Each case is unique and individual. Understanding the basics of the law is useful, but does not guarantee results. The possibility of a positive outcome depends on many factors.

Common ownership of an apartment arises:

1. as a result of privatization of an apartment for all family members;
2. when inheriting an apartment (share) by several heirs;
3. as a result of a transaction determining the shares of each owner.

Sooner or later, the question of selling the apartment arises between the owners of a shared apartment, with a view to further purchasing separate housing.

Sale of an apartment in shared ownership

The most expedient way to sell shares in an apartment is to sell the apartment completely. This method is possible if the co-owners come to an agreement on the sale of the entire apartment, and the proceeds from the sale of housing are divided in accordance with the shares in the common apartment.

Important! The cost of selling an entire apartment is usually higher than selling an apartment in shares.

For example, if an apartment costs 3 million rubles and each owner has ½ share. In this case, if the co-owners sell the apartment in shares, then the total cost of the apartment will, as a rule, be less than 3 million rubles, since it is essentially a communal apartment.

Therefore, the most profitable way of selling for co-owners is to sell the entire apartment with a division of its cost between the sellers.

Sale of a share in a shared apartment

If the co-owners cannot come to an agreement on the sale of the apartment, then each owner can sell his share. But in this case, it is necessary to comply with the rule regarding the preemptive purchase by a co-owner of a shared apartment (Article 250 of the Civil Code of the Russian Federation). The seller of a share of a shared apartment must send him a notice with an offer to purchase the share, indicating a specific price.

Important! If the notification is sent by mail, it must be sent by registered mail with acknowledgment of receipt and a description of the attachment.

If the co-owner refuses to purchase a share in the shared apartment or does not respond within 30 days, then the seller can sell his share to any buyers. But you can only sell for the same price that was indicated in the notice.

Important! If the seller sells a share in a shared apartment for a price lower than what was offered to the co-owner, the latter may go to court with a request to declare the transaction invalid on this basis.

There are often cases when owners of a shared apartment try to circumvent the rule on pre-emption by concluding a gift agreement, and in fact sell their share. It is worth warning about the possible consequences in this case.

• Firstly, the transaction can be declared invalid by the co-owners in court if the court finds that in fact the share in the common apartment was sold and not donated. 
• Secondly, the buyer actually bought this share in the apartment, but a gift agreement was legally concluded, and this is a gratuitous transaction and the price paid by him is not indicated in the documents.

In this regard, the buyer is not protected and if the contract is terminated, it will be difficult for the buyer to return the money spent. 

So, this article discusses the procedure for selling an unallocated share in a shared apartment, and also identifies the basic requirements under which it is possible to sell an unallocated share in an apartment.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

Buying a share in an apartment - a chance to save on buying a home? — Housing market

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22.09.2014 | 00:00 16538

Acquiring an unallocated share in an apartment is akin to a lottery. If you're unlucky, you'll be left with illiquid meters on hand. But with favorable developments, such a purchase can become a good investment.

To begin with, let us note the difference between buying a share in a communal apartment and in an apartment that is not such. In the first case, the share almost always corresponds to a room (or several rooms). If the share is not allocated, that is, the apartment is the property of several persons, then it is impossible to determine where the possessions of one owner end and the beginning of another.

However, such unallocated shares can also be sold and, accordingly, purchased.  

Insoluble contradictions

The opportunity to sell and buy not only entire apartments, but also parts of them arose for Russians in the early 1990s, when the property law was adopted. And the shares appeared due to the fact that the apartment could be privatized for several people - both family members and simply citizens registered in it.

Also, common property arises as a result of family conflicts and divorces. If the apartment was purchased during marriage, then upon its dissolution it is divided equally between the former spouses, usually through the court.

But it happens that they are unable to agree on the joint sale of the once common property, and then one of them can put up their share for sale. Another common case: relatives who inherited an apartment were unable to divide it or sell it entirely.

Then each of them has the right to sell their share independently. It would seem that a reasonable buyer would not be tempted by such an offer. This is especially true of one-room apartments, where acquiring a share means the prospect of living in the same room with a complete stranger.

However, it is sometimes quite possible to derive certain benefits from such a purchase. Let's say the apartment is valued at X million rubles. and is divided into two parts. When sold, each of them will not cost X/2 million rubles at all, but much cheaper.

That is, you can purchase “half an apartment” and agree with the other co-owner to sell the entire “three rubles”. Then each will earn 3.25 million rubles.

This amount is enough for separate housing: a modest one-room apartment in one of the St. Petersburg “bedrooms,” for example, in Ligovo or Shushary.

“When there is no agreement among comrades...”

How realistic is it to reach a consensus between previously unknown people, but by the will of fate they have become co-owners and even neighbors? Of course, no one can guarantee anything here.

However, the fact that a person will have to share living space with a stranger can seriously motivate them to sell an apartment together.

In addition, ex-relatives (former spouses) may not have been able to agree on this due to personal hostility. Therefore, the new co-owner will have more chances.  

But, if consensus still does not happen, then the transaction to acquire a share automatically turns out to be not the best way to invest money. Yes, and a “cold war” with your neighbors, if you move into the purchased meters, is guaranteed to you. Everything will depend on the size of the apartment and the number of owners.

Buying housing on the secondary market: what are the risks? When purchasing an apartment, room or house on the secondary market, you need to thoroughly check the history >> For example, if three co-owners own a three-room apartment, then everything is more or less simple. You can determine the procedure for using the property and then divide personal accounts (so that everyone pays for housing and communal services in accordance with the size of their living space). As a last resort, this can be done in court, although there are quite a few examples of such decisions.

Consequently, it will not even be possible to register close relatives (with the exception of minor children) in your own living space - without the consent of the other co-owners.

However, the new owner himself has the right to “register” in the apartment.

It is difficult to allocate shares in kind in a city apartment. In particular, it will be necessary to make an additional entrance and a bathroom without reducing the market value of housing

We emphasize that you should decide on such an ambiguous transaction as the purchase of an unallocated share in kind only if you are confident that selling the entire apartment will not be difficult later.

Let's say, having discussed such a scenario in advance with other co-owners (or their relatives). In addition, theoretically, you can try to force your neighbor to sell you his share in court, of course, with payment of compensation.

Previously, this was impossible, but at the beginning of 2013, the Supreme Court of Russia created a precedent.

How to buy a share correctly

If you nevertheless decide on such a transaction, you should take into account all the legal nuances of the transaction.

The key point is that the seller is obliged to issue a notice of the sale of his share and send it to all co-owners of the property. The technology is exactly the same as when buying a room in a communal apartment: or obtaining a notarized waiver of all co-owners from the preemptive right to purchase a share.

Accordingly, the buyer’s task is to make sure that the seller has the documents described above.

The owner of an unallocated share does not have the right, without the consent of the other co-owners, to register anyone else in the apartment, with the exception of minor children.

An important point: the address to the co-owners must include the price of the alienated share and the owner does not have the right to sell it cheaper (a similar or larger amount may be specified in the purchase and sale agreement). Otherwise, the transaction may be contested. Or, most likely, it will simply not be registered with Rosreestr.

An extract from the Unified State Register will help you find out the number of co-owners of a particular apartment - the seller must provide it. He must present certificates in form 7 and 9: they will show who is registered in this living space. These could be, for example, minor children, whose presence significantly complicates any real estate transactions.

To register the transaction, in addition to waivers from the remaining co-owners, you will need identification documents of both parties (passports), a purchase and sale agreement for a share in the apartment in three copies, a receipt for payment of the state fee, a cadastral passport (if the apartment is not yet registered in the cadastral register). In the case of a gift agreement, waivers are not required.

Please note that according to current legislation, in the event of the sale of real estate that has been owned for less than three years, you will have to pay a tax in the amount of 13% of the value of the property (although part of the money can be returned using a tax deduction).

This also applies to transactions with shares. However, if the property costs less than 1 million rubles, then you will not have to pay anything.

And you can sell, say, a “quarter” of a standard one-room or even two-room apartment (for example, in a Khrushchev-era building on the outskirts of the city) even the next day after purchasing a share.

Text: Pavel Ginev Photo: Alexey Alexandronok   

Unallocated share in the apartment

Any alienation (whether sale or donation) of an unallocated share is impossible by law, since the emergence or change of ownership of real estate occurs only after state registration. Without it, from a legal position, there is no such thing as a “share” in principle, and therefore it cannot be sold.

For a participant in common joint ownership to conclude a transaction to alienate his unallocated share, 2 options of action are suitable:

• sell the entire apartment by agreement with the co-owners, and then divide the proceeds with them (in proportion to the size theoretically belonging to all parts);
• divide the property and then sell your share yourself (without the approval of the co-owners).

Transactions on the paid alienation of a share of living space are carried out by its registered owner individually. But the first thing he must do is notify the co-owners of the sale. This is necessary so that they, if desired, can buy out the share on the terms set by the seller.

If they do not reach a deal within a month, the owner of the share will be able to freely sell it to any other person.

Share allocation

The division of joint property in the case of an indivisible piece of real estate (which is an apartment) is carried out on the basis of the consent of all owners or through the court.

By agreement

All co-owners must reach a unanimous opinion on the division of a common apartment. Without this, Rosreestr will not accept the application to register a change in ownership and the living space will remain shared.

The size of the shares that each co-owner is entitled to is prescribed:

• in the will;
• gift or privatization agreement;
• in current legislative acts (regarding inheritance by law, jointly acquired property, etc.).

If the ratio of shares of real estate is not established either by law or by agreement, they are recognized as equal. The same goes for the opposite: the default distribution of shares can be changed taking into account the inseparable contributions (improvements) made by some co-owners.

The allocation of a share from the common property by agreement of the owners is carried out as follows:

1. The parties develop a draft agreement on the division of the apartment, which indicates the size of the shares and their distribution between the co-owners.
2. The agreement is stated in writing in a number of copies equal to the number of apartment owners, plus one copy for the notary.
3. The agreement is signed by a notary, who certifies this legally significant action and makes a corresponding entry in the Unified Notary Information System.
4. A co-owner who wishes to register ownership of his share declares this to Rosreestr (at the location of the living space).
5. An employee of the state registration authority takes documents for registration of part of the property and returns them to the applicant after 7 days.

To confirm his rights to a share of the apartment, the owner needs an extract from the Unified State Register of Real Estate, which he can obtain from Rosreestr or the MFC.

Through the court

If the owners of the apartment cannot reach a mutual agreement on the division, those wishing to allocate their share will have to go to court.

The judge will decide on forced separation based on the provisions of legislative acts and the circumstances of the case known to him:

• if the jointly acquired living space is divided, the spouses will receive 1/2 each;
• when distributing a privatized apartment, the residents noted in the privatization agreement will receive equal shares;
• the heirs (unless otherwise specified in the will) also have the right to count on equal parts of the inherited living space (by way of transmission and by right of representation, the share of the deceased successor is equally divided);
• the presence of significant contributions to the improvement of common property may affect the size of shares.

Based on the issued judicial act, the applicant will be able to register the right to a share of the apartment with the registration authorities, just as in the case of a division agreement.

To obtain the necessary court decision, the interested person needs:

1. File a claim for division of a shared apartment.
2. Collect documents supporting claims.
3. Pay the state fee.
4. Appear at the court hearing on the appointed day (or submit a petition to the court in advance to consider the issue in your absence).
5. Receive a copy of the judicial act following the proceedings.

The court decision comes into force after a month from the date of adoption. Before this, the interested party can appeal it through the appeal procedure.

Sale

After the initiator of the transaction decides on the allocation of a share of the apartment in kind (or agrees with the other co-owners on the sale of the entire apartment), he can begin to draw up a purchase and sale agreement.

It is necessary to involve the buyer and co-owners of the joint living space in the process (if the share has not been allocated). But it would be better to entrust this task to legal specialists, having previously discussed the details with all parties to the transaction.

The contract states:

1. Full name, passport details, place of residence of the parties to the transaction.
2. Location of the apartment, its technical characteristics.
3. The size of the share being sold.
4. The circumstance that became the basis for the emergence of rights to real estate.
5. Details of the document confirming the seller’s authority.
6. Transaction price.
7. Data on the presence of encumbrances on the living space.
8. Other information relevant when concluding a contract.

The transaction is made in the presence of the seller(s) and the buyer, and must be certified by a notary. If one of the parties is an incapacitated person or a minor, his interests are represented by a legal representative - a guardian, trustee or parent.

A capable citizen has the right to authorize another to conclude an agreement on his own behalf. To do this, he will need to draw up a power of attorney for his representative at the notary’s office, indicating in it a list of relevant rights and obligations.

After the legal force of the document is sealed with the signatures of the parties and a notary seal, the buyer and seller can proceed to the next stage of the transaction - its state registration.

Notice of sale

As noted above, the alienation (sale) of a share of the common living space is carried out only after prior notification of the owners of the remaining shares.

According to Art. 250 of the Civil Code of the Russian Federation, they are given a month to exercise the pre-emptive right to purchase and purchase part of the real estate put up for sale. At the same time, they will have to accept the conditions put forward by the seller.

Their disagreement with the assigned price or the specifics of the calculation will be tantamount to a refusal, and after 30 days the initiator of the transaction will gain complete freedom in choosing a buyer.

In the purchase offer, the seller is required to indicate the real price for the share of the apartment. A fictitious overvaluation can be regarded as a violation of the pre-emptive right to purchase, which in turn entails the transfer of the rights and obligations of the buyer to the interested co-owner (the issue is resolved in court).

Features of a transaction with an unallocated share

If the co-owners decide not to register the division of the living space, but to sell it entirely, the transaction is concluded in the manner described above, with the exception that they must be present in full when signing the agreement.

If desired, you can replace personal appearance at the place of the transaction with the written consent of the absent property rights holders. The signature under it is certified by a notary, and the paper itself is sent to the responsible person in a reliable way (by registered mail, by courier, etc.).

Required documents

During the process of concluding a contract and at other stages of the transaction, the following documents will be required:

1. Identity cards of the parties to the transaction.
2. Powers of attorney for representatives.
3. Birth certificates of minor sellers or buyers.
4. Resolution of the guardianship and trusteeship authority on the appointment of legal representatives as guardians or trustees.
5. A court decision to deprive or restrict a party to a transaction of legal capacity.
6. Permission from the guardianship and trusteeship authority to alienate the property of a minor/incapacitated owner.
7. Extract from the Unified State Register of Ownership of the apartment.
8. Technical passport of the living space.
9. Receipt for payment of state duty.
10. An agreement or court decision on the division of real estate.

The complete list of required documents should be checked with a specialist competent in such matters.

Payment order

The parties have the right to make settlements under the agreement at their own discretion. This can be any time before, after signing the papers, or after the registration of the new owner’s property rights is completed.

It is recommended to choose the option with the participation of third parties or use the intermediation of a bank. The most common ways are:

1. Using a safe deposit box.
2. Opening a depository account.
3. Involvement of an escrow agent or notary in the procedure.

The principle of the first two options is as follows:

1. The buyer, in the presence of the seller, deposits funds into a depository account or places them in a bank safe deposit box rented for these purposes.
2. The customer of the service enters into an agreement with a financial institution in which he specifies the transferred amount, its recipient, conditions of issue and grounds for return to the buyer.*
3. If the circumstances specified in the agreement with the bank occur, the seller receives payment for the share in the apartment (if the deposit period has expired and the terms of issue have not been fulfilled, the funds go back to the depositor).

* - as a rule, money is issued to the seller after presentation of a certificate of registration of ownership by the buyer, and is returned to the latter if the transaction does not take place after a predetermined period.

An escrow agent or notary contributes to greater security and consistency in the payment procedure. They become intermediaries, monitoring the completion of the transaction and monitoring the fulfillment of obligations by its parties.

The functions of an escrow agent are performed by a bank or a notary.

Expenses

Approximate costs for selling a share of an apartment are included in the table:

Share allocation

Certification of an agreement on the division of property by a notary - 0.5% of the estimated value of the share. Filing a claim for division in court - a percentage of the value of the share of the apartment and a fixed rate (in accordance with Article 333.19 of the Tax Code of the Russian Federation). Registration of the share in Rosreestr - 2000 rubles .