Is it possible and how to sell half of the apartment?

Housing law > Real estate registration > How to sell half of an apartment, features and difficulties of the transaction

Many events occur during life, as a result of which one of the owners has a desire to sell his part of the property.

The problem of concluding a deal to alienate half of an apartment also arises for those who inherit a residential share, but do not plan to live in a new place.

According to the law, a citizen has the right to sell or donate any property the owner of which is

 How to sell half of an apartment? By law, any owner has the right, in accordance with the Civil Code, to sell, donate, change, or bequeath real estate, even if it is part of a one-room apartment. Therefore, the question of whether it is possible to sell half of the apartment is obvious. Can.

• In practice, it is very difficult to carry out a transaction for the sale of an apartment with shares, since the exercise of rights is connected with their observance by other homeowners and all interested parties.
• Selling a share is the most complex type of real estate transaction, but often encountered in solving housing issues.
• How to sell an apartment with shares? It is necessary to distinguish between two main types of common ownership of housing:

• shared ownership (shares of each are legally determined);
• joint ownership (without separating parts of co-owners).

One of the main conditions in pre-sale preparation is the consent of all other owners of shares in the apartment. To do this, all residents should be notified of the proposed transaction in the prescribed manner.

Each homeowner has a pre-emptive right to purchase the part of the apartment being sold

All owners have equal rights to pre-emptive purchase of the share being sold. The cost of the share should not differ from the indicated price for third parties and the contractual price, which will ultimately appear in the purchase and sale document.

1. Selling and buying a share of a home should not be confused with the idea of ​​selling and buying a separate room, as often happens in practice.
2. If it is difficult to obtain approval for the transaction, the alienation procedure will be established by the court.
3. The moment of settling disputes with other owners is perhaps the most difficult in the process of selling part of the property.
4. It is not uncommon for co-owners to approve the purchase of a residential share, but then constantly postpone the conclusion of the transaction due to various circumstances.

An owner who is deciding how to sell half of an apartment has a workaround for a controversial situation - registering a deed of gift to a third party. In this case, the consent of the co-owners is not required.

Expert lawyer's opinion:

Due to changes in legislation, the procedure for registering the purchase and sale of real estate is also changing.

If an apartment is purchased by several owners as shared ownership or the owner is a young child, such transactions can only be completed by a notary.

Therefore, an additional visit to a lawyer or realtor is not necessary, since the notary assumes responsibility for all legal expertise related to the transfer of the share to another owner.

Refusal to purchase is formalized by a notary. If a situation arises that the shareholder refuses to acquire property, and it is necessary to get rid of the share for various life reasons, the legislation provides for another option for obtaining consent.

An offer to buy out a share in the apartment is sent to the registration address of the second shareholder by registered mail with notification and an inventory of the investment. If, after a month has passed from the date of delivery or sending of the notification, no response has been received from the interested party, you can safely proceed with the sale.

It may be noted that if, as a result of the purchase of the remaining share, the apartment will be completely owned by one family, the legislator allows the use of mat capital funds to purchase part of the apartment.

In this case, the acquired share will become the property of all family members. This is possible if, for example, as a result of inheritance or privatization, two or several relatives receive housing in shared ownership.

Experienced realtors do not recommend using this option. Neighbors can go to court to have the gift transaction declared sham.

This fact will have to be proven with reliable information about the transfer of money to the donee, that is, to refute the gratuitousness of the contract.

Pre-sale preparation algorithm

The behavior of the seller of part of the apartment must be competent and consistent. The following steps are recommended.

Step 1

Notifying neighbors. Notify each apartment owner in writing about the sale of their share of housing. It will be extremely difficult to confirm a verbal warning, except in the case of his personal desire to purchase an additional piece of real estate.

If the neighbor cannot make a decision or in any way prevents the sale, then it is required to draw up a notarial notice and send it by registered mail with a list of contents and a receipt.

Other owners of the premises should be notified in advance about the sale of a share in the apartment.

It should be noted that in the event of a transaction taking place without warning the other owner in writing, he has the opportunity to challenge the legality of the sale of the share.

The court will grant his application due to a violation of the rights of a co-owner of the property. After all, the neighbor has the priority right to be the first to buy out the share.

There is no legislative way to speed up the signing of a consent to sell or to force this decision. The best way out is in the direction of a registered notarial letter from the seller.

The recipient is required to respond upon receipt. If a month after receiving the notification no response has been sent, then by default you can conclude a transaction with an outsider without the permission of the co-owner.

The received refusal must be notarized in writing.

Step 2

Preparing a housing presentation. If the share is purchased by a co-owner, then a presentation is unlikely to be needed. But for an outsider, everything will be important: the state of communications, order in common areas, the attitude of neighbors towards the possibility of a new owner moving in.

The purchase of part of an apartment is carried out for various purposes:

• for accommodation;
• with the intention of registering;
• invest funds with the intention of gradually buying out the apartment in full.

It is important to remember that the seller cannot offer better terms to a third-party buyer than those that were indicated to the co-owners. The cost of the residential share remains unchanged.

Step 3

The package of documents for the sale of half of the apartment includes a standard list

Preparation of documents. The owner prepares the basic documents for selling half of the apartment, almost the same as for other real estate.

But additionally, based on the situation, you will need to provide:

• a copy of the notice of preparation for sale, certified by a notary;
• postal notifications with the dates of delivery of notices from silent owners;
• written refusals of co-owners from pre-emptive purchase;
• permissions from co-owners, notarized.

The main package of documents includes the following mandatory papers:

• certificate confirming the seller's ownership;
• an extract about your residential share from the cadastral passport;
• a copy of the cadastral plan;
• certificate of registered persons;
• certificate-characteristics of the property;
• consent of the seller’s second spouse to complete the transaction;
• documents of the parties involved in signing the purchase and sale agreement.

It should be noted that if the seller of the property has minor children or is in the care of incapacitated or limitedly capable persons, then an additional written consent to the transaction from the guardianship and trusteeship authorities is required.

Step 4

When drawing up a sales contract for an apartment, one should not forget that its clauses should not contradict current legislation

Conclusion of an agreement. The agreement can be drawn up either with a notary or independently, in writing.

The content of the agreement must comply with Article No. 550 of the Civil Code on the procedure for selling shares of an apartment.

The drawn up agreement should not contradict the law and reflect the current requirements of regulations and resolutions of the Russian Federation at the time of signing the document.

Reliable information about the cost, area, and users of housing must be included in the text of the contract. Omission of important data may result in the document being declared void.

Notary services will help prevent possible mistakes.

The conclusion of the contract ends with the signing of the transfer and acceptance certificate of real estate. Then the new owner needs to register his right with the Center for Unified Registration and Real Estate Transactions.

So, consistently and patiently you can sell half of the apartment.

Features of the procedure for selling half of a house

When drawing up a contract for the sale of part of a house or apartment, it is advisable to use the services of an experienced notary - he will be able to take into account the current legal framework of the transaction

How to sell half a house? Registration of the sale of half a house is in many ways similar to a similar transaction for the alienation of a shared part of an apartment.

The main stages are as follows:

1. A written warning to the co-owners of the house about the intention to sell their part, the cost, and the terms of the transaction. Receiving a response or waiting a month allows you to start selling. If your neighbors are ready to purchase your share, you can immediately begin executing the contract.
2. Collection of documents, including the owner’s title papers, extracts from cadastral forms for the house and land plot; copies of the house and plot plan, notary notices, permission from the spouse and consent of the guardianship authorities if the seller has a minor child.
3. It is recommended that the agreement be drawn up with the help of a notary, who will take into account the current legislative framework when executing the transaction. The act of acceptance and transfer of part of the house and land is required. Without this document, subsequent registration of the transaction with the Registration Chamber is impossible.

The property rights of the new owner will be valid only after making an entry in the unified registration center.

Transactions for the sale of part of residential real estate require the professionalism of realtors and the legal literacy of a notary. The seller needs persistence and attention to resolving issues.

For more details about the problems that arise when selling a share of private property, see the video:

Noticed a mistake? Select it and press Ctrl+Enter to let us know.

17 Nov 2016 Yulia Yurievna 142      

Several ways to profitably sell one second share in an apartment

• You can sell not only an apartment or house you own.
• A similar action is allowed to be carried out with one second share in the apartment.
• However, this matter is much more complicated and requires more careful preparation, since in this case the interests of other persons are affected.

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

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 577-04-19. It's fast and free!

Hide content

Is it possible to sell 1/2 share in an apartment?

The law allows transactions with shares of real estate. However, the procedure must be carried out in strict compliance with all requirements and the procedure for registering a transaction determined by regulatory assets.

Regulatory regulation

The main document that regulates the sale of a share of real estate is Federal Law 172-FZ “On Amendments to Certain Legislative Assets of the Russian Federation” dated June 2, 2016.

The main innovation concerns the fact that now all transactions with shared ownership must be carried out with the participation of a notary. Otherwise, it will be impossible to register the transaction in Rosreestr.

1. The introduction of such a rule is due to the fact that when issuing notifications, cases of fraud were often encountered: forgery of signatures.
2. Therefore, it was decided that such transactions would be certified by a notary.
3. Before signing the documents, he must make sure that the decision was made voluntarily and there was no pressure from one party on the other.

Tariffs for notary services, as well as state fees, are regulated by the Tax Code (Article 333.24).

It states that the amount of all payments must be at least 0.5% of the value of the property, but not more than 20 thousand rubles.

• In this case, both market and cadastral value can be taken into account.
• The seller makes the choice between them independently.
• If the property is valued at both types of values, then the lower one is accepted for calculating payments.
• You may be interested in the following articles:

The purchase and sale of 1 2 shares of an apartment, if it is in shared ownership, is possible only if the remaining owners agree to this.

At the same time, Art. 250 of the Civil Code provides that other owners have a preemptive right to acquire a share.

The rules for state registration of real estate are subject to registration in accordance with the provisions of Federal Law No. 218-FZ of July 13, 2015.

It establishes that documents on the ownership of real estate are not drawn up and are not handed over.

They are confirmed by extracts from the Unified State Register.

For joint owner

If the housing is jointly owned, then it is not always necessary to notarize the allocation of shares. However, if you wish, you can certify the transaction before registering.

If the shares are not determined, then in such a situation notarization will be mandatory, since here there is a division of property acquired jointly by the spouses.

1. A share in an apartment can be sold, donated, or inherited.
2. But under no circumstances should you give up the right to it.
3. Thus, the law prohibits the conclusion of an assignment agreement in relation to real estate.

Who needs 1/2 share in an apartment?

Half of the apartment may be required by spouses during a divorce. If they had common housing, then in the event of divorce they can register shares for each of them.

• Subsequently, one ex-spouse will be able to buy out the share from the second or sell it so as to no longer live together.
• A situation may arise where a person needs registration, but is not able to buy a full-fledged home for financial reasons.
• Then you can register by purchasing a share.

How to sell 1/2 share of an apartment: step-by-step instructions

For an apartment that is in joint ownership , regardless of how many rooms it has, the transaction for the sale of the share will take place in two stages:

1. First, you should allocate a share for each owner. If property is shared by spouses, then notarization will be required. If the property is joint property, but the owners are not in a marital relationship, then a written agreement on the allocation of shares will be sufficient.
2. What follows is the transaction for the sale of one of the shares.

When the owners of the property are husband and wife, then both of the mentioned stages can be formalized in one agreement . It is subject to notarization.

If the property is in shared ownership , then the procedure for selling a share in it will be as follows:

1. One of the co-owners who decides to sell his share must notify the other owners of his intention.

   This must be done in writing, as disagreements may arise in the future. And an official written notification will confirm that these actions took place.

2. Owners who have received such a notification must send their written responses to the seller regarding their agreement or disagreement with the fact of alienation. This is an appropriate reaction.

   It is called inadequate if the co-owner simply ignored the letter and did not give any answer.

   You can continue the process of selling a share if other homeowners react inadequately or if they agree to sell the share to third parties.

3. After 30 days have passed after sending the notification, you can begin processing documents.

   Before this period, a transaction can be completed only if all owners have agreed to the alienation of the share.

4. A contract for the sale and purchase of a share of real estate is drawn up, and the fact of transfer of ownership is confirmed by signing a transfer and acceptance certificate. Based on Federal Law No. 218-FZ, the transaction is certified by a notary.

When completing a share purchase and sale transaction, the following documents are required::

• written refusal or consent of other owners;
• in case of failure to provide your opinion regarding the alienation of part of the housing or failure to appear before the notary, documents confirming the sending of the notification (receipts, checks) are proof that the notification was made;
• documents regarding state registration of the share;
• documents on donation, inheritance, purchase, etc., i.e. legal;
• technical passport for real estate;
• cadastral passport;
• if the apartment is jointly owned by spouses, the written consent of the second person to sell the share is required;
• if there is no state registration of the share, an extract from their Unified State Register will be required;
• contract of sale;
• act of acceptance and transfer;
• in cases where minors are registered in an apartment that is in shared or joint ownership, it is necessary to obtain permission from the guardianship authorities.

In a one-room apartment

1. The transaction with half of the one-room apartment takes place according to the algorithm described above.
2. But here it should be taken into account that such a share is “problematic” and must be correctly assessed.
3. It is also impossible to correctly determine the order in which it should be used.
4. In such a situation, it is unlikely that you will be able to sell your part at the maximum price: such shares are illiquid.

In a two-room apartment

• This occurs when one of the rooms is a passage room.
• It will not be possible to sell such a share profitably.
• If the rooms are separate, then the liquidity of the property increases, and it is much easier to find a buyer.

In a three-room or more apartment

For larger apartments, half of them is the ideal share, i.e. You can use it without violating the rights of other co-owners.

Two owners can divide it so that each will occupy one room, and they can allocate the rest of the area for common use.

Moreover, regardless of how many square meters each owner occupies, utility bills must be paid equally.

IMPORTANT! Regardless of the size of the apartment, it can be sold either at the same price that was indicated in the notification to other owners, or higher.

When selling a share of real estate, risks may arise if the transaction is carried out on the basis of a general power of attorney .

It is also necessary to carefully check the contract, since if errors, inaccuracies or inconsistencies are identified in it, it may be declared invalid.

Another point may be the emergence of owners of other shares that were not previously known. Therefore, it is important to check the ownership documents before purchasing a share.

It often happens that scammers, when drawing up documents, replace the concepts of room and share. You can legally buy a share in an apartment.

According to the changes, from 2016 the execution of such transactions is subject to notarization.

Co-owners of housing have a priority right, i.e. the seller must first offer them to buy his share .

Only if they refuse or ignore the notification, part of the real estate can be alienated in favor of third parties.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:

+7 (499) 577-04-19 (Moscow)

It's fast and free!

How to sell half of an apartment

You will need

• - passport,
• — notarized notification of the second owner,
• — title documents for the share
• - notarized permission from all co-owners, if the share belongs to several persons,
• - resolution of the guardianship and trusteeship authorities, if among the co-owners there are minors, incapacitated or partially capable persons,
• - contract of sale,
• - act of acceptance and transfer,
• — registration of property rights for buyers.

Instructions

A verbal warning to the second owner of the apartment is not enough, unless he has expressed a personal and voluntary desire to buy the second share. If the co-owner has not decided or is preventing the sale to third parties, you need to draw up a notarized notice of the sale and send it by registered mail with delivery to the addressee and an indication of the contents of the letter. One month after delivery of the notice to the addressee, by default, the apartment can be sold to an outsider without the permission and consent of the owner of the second share. To sell, you will need to collect a number of documents, which include: an extract from the cadastral passport of your share, a copy of the cadastral plan, notarial permission of all owners if the share is registered as joint ownership with other persons. If minors, incapacitated or partially capable persons have ownership rights to the share, in accordance with Article No. 28, No. 29 of the Civil Code of the Russian Federation, a resolution of the guardianship and trusteeship authorities will be required to authorize the sale of the share.

Next comes the conclusion of a purchase and sale agreement, which can be executed by a notary or in writing by hand. If the contract is drawn up by a notary, the specialist will take into account all the points that are included in this document.

If the purchase and sale agreement is concluded in simple written form, which does not contradict the law in accordance with Article No. 550 of the Civil Code of the Russian Federation on the preparation of contracts for the sale of an apartment divided into shares. The written agreement must take into account all laws, regulations and acts of the Russian Federation at the time of signing the document in accordance with Article No. 421 of the Civil Code of the Russian Federation, No. 420 of the Civil Code of the Russian Federation, No. 549 of the Civil Code of the Russian Federation.

In accordance with Article No. 317, the contract should indicate the price, with Article No. 317, No. 555 - the area, with Article No. 292, No. 558 - the list of housing users.

Therefore, if the seller is not sure that he can draw up a document in accordance with the requirements of the law, it is better to use the services of a notary.

If the agreement is drawn up incorrectly, it may be considered void in accordance with articles: No. 2965 of the Civil Code of the Russian Federation, No. 3075 of the Civil Code of the Russian Federation, Arbitration Procedure Code of the Russian Federation Ch. 24, No. 292 Chapter 18 of the Civil Code of the Russian Federation.

After drawing up the purchase and sale agreement, you need to draw up a transfer and acceptance certificate and register the ownership rights of buyers in accordance with the Federal Law of Registration of Transactions No. 122-F3. Transactions are registered in the Federal Registration Center for a unified registration of real estate and transactions with it.

If you are unable or unwilling to create your own business, you can buy someone else’s business—entirely or a share of it. You can buy a minority (less than 50%) or a majority (more than 50%) share.

Instructions

When purchasing a minority share in a business, it is important to consider that its value, which is calculated based on the value of the business as a whole, must contain a certain discount, i.e. cost less than what, say, 30% of this business would actually cost. After all, the owner of a minority share will not be able to influence decision-making in the company. However, there are exceptions - for example, if none of the business owners has a share of more than 50%, and you buy the largest one. In contrast, the value of a majority interest is usually greater than the value calculated based on the total value of the business because it implies control over it. As a rule, by purchasing a share in a business we mean purchasing a share in a limited liability company (LLC) or shares in a joint stock company (JSC). In the first case, the purchase of a share is carried out on the basis of a share purchase and sale agreement. The buyer of a share should remember that the LLC participants have a pre-emptive right to purchase the share, so it is important to check whether the procedure for notifying the other LLC participants about the sale of the share has been followed. Only if the LLC participants who have the pre-emptive right to purchase a share refuse, can a share in the LLC be purchased. The share purchase and sale agreement must be notarized, otherwise the transaction will be invalid.

In the case of joint stock companies, the procedure is more complicated. A person who intends to acquire more than 30% of the shares of an open joint-stock company (OJSC) sends the shareholders an offer to sell their shares to him.

This offer is accompanied by a bank guarantee, which must provide for the guarantor's obligation to pay the previous owners of the shares their price in the event of failure to fulfill the obligation to pay for the shares on time. Next, as in the case of an LLC, a purchase and sale agreement is drawn up and notarized.

Then the person who acquired more than 30% of the shares of the OJSC must send a mandatory offer to this OJSC to buy out the remaining shares. It will also need to be accompanied by a bank guarantee.

If a person owns 95% or more of the shares of an OJSC, then he is obliged to buy out the remaining shares at the request of the shareholders who are the holders of these shares. All these operations are controlled by a government agency - the Federal Financial Markets Service of Russia.

It is also worth remembering that if you acquire more than 25% of a share in an LLC or JSC, you are making a major transaction. Such transactions must be approved by the general meeting of participants or shareholders. You need to make sure that whoever is selling you the share has complied with all legal and statutory requirements, including those relating to the approval of a major transaction.

Purchasing part of a house has a number of features that must be observed in order not to violate Article No. 250 of the Civil Code of the Russian Federation, which states that co-owners have a pre-emptive right to purchase on general terms determined by the seller.

You will need

• - notification;
• - preliminary agreement;
• - main contract;
• — act of acceptance and transfer;
• — notarized permission from co-owners;
• — guardianship order;
• - extract from the house register;
• — title documents for part of the house;
• — cadastral extracts;
• - application to the regional center.

Instructions

If you are the owner of one of the parts of the house that is in common shared ownership, then you have the right of first refusal.

The seller is obliged to notify you in writing that he is going to sell his part of the property by sending you a registered letter with an inventory of the investment. You are given exactly one month to think about it.

If you plan to make a purchase, please notify the seller in writing.

Start the purchase and sale transaction after the expiration of the deadlines established by law.

If within one month you have not expressed a desire to exercise your preemptive right, the seller can sell his part of the property to a third party without asking your permission and consent.

The direct purchase and sale transaction is carried out when drawing up the main purchase and sale agreement, which you can draw up by hand, certified or not certified by a notary. It is also possible to draw up a purchase and sale agreement in notarial form.

The seller of part of the house is required to obtain notarized permission to sell from all co-owners if part of the house is registered as joint ownership. If the seller bought part of the house while in a registered marriage, notarial permission will be required from the second spouse. If there are minors, incapacitated or partially capable persons among the co-owners, alienation of property will require a resolution from the guardianship and trusteeship authorities.

All parts of the house must be cleared out, and the seller must obtain a certificate regarding this. After completing the contract, draw up a transfer and acceptance certificate and submit all documents to the state registration center. Your property rights will be registered.

I need money. Can I sell my share in the apartment without the consent of the others?

Hello, dear editors of T—Zh. Thank you for increasing the financial literacy of the population.

I have this situation. There is a three-room apartment in which mom, dad, me and my brother are registered. The apartment has been privatized, and each of us has a ¼ share and has certificates of state registration of rights. My parents are going to give their shares to me and my brother in the future.

I want us all to sell the apartment and each buy a separate home, paying for the missing amount ourselves. But my brother wants to build a house, and if we sell our apartment, he will have nowhere to live during construction, rent is expensive, so he is against the sale. I believe that these are his problems, but the parents do not want to spoil the relationship and therefore do nothing, although in principle they are not against the sale.

My relationship with my brother has deteriorated: he doesn’t want to sell the shared apartment in the coming years, and I don’t want to wait for his consent and adapt to his wishes.

I am married, I don’t plan to live with my parents and brother, I plan to move to a separate apartment. To buy it, I don’t have exactly the amount that I could get by selling my share in the shared apartment.

On principle, I don’t want to take out a loan.

Is there a legal way to now sell your share of the apartment at the market price without the consent of the others? Or is this only possible through the courts?

And one more thing: my parents want to sign over their shares to my brother and me and move to live in the country. If they do this, can I legally sell my half of the apartment without my brother’s consent and what is needed for this?

Nikolai

You have the right to sell your share in the apartment at any time, without court or the consent of others. Art. 246 of the Civil Code of the Russian Federation allows the owner to dispose of his share at his own discretion: donate it, sell or exchange it. But there is a condition that must be met so that everything is according to the law.

The law obliges the seller to indicate the price and other conditions of sale in the notice of sale. For example, how payments will be made and who will have the right to use the apartment after the transaction.

The Federal Chamber of Notaries has even compiled methodological recommendations for observing the pre-emptive right to purchase a share and advises that you must describe the property itself, the price of the share being sold, the payment procedure and the timing of the transfer of property.

If there are several co-owners, the notice must be sent to each one personally. Therefore, if you decide to sell your share now, you need to notify your parents and brother. If after your parents transfer their shares to you and your brother, only him.

You should have confirmation that other owners have received notification of the sale of the share. Typically one of three notification options is used:

1. deliver the notice in person and receive a signature on the second copy that the co-owner has received it. It is necessary that, in addition to the signature, he put the date and write his last name, first name, patronymic in his own hand: if it comes to court proceedings, it will be easier to establish that it was he who signed;
2. send notification by registered mail with acknowledgment of delivery and a list of the contents;
3. contact a notary so that he can send a notice of sale.

In practice, people often choose the third option. In this case, the notary will first issue you a certificate of direction of documents. And when the other owner receives the notice - a certificate of delivery of documents.

It happens that the co-owner does not receive a notification. For example, if a participant in shared ownership is against the sale, he may specifically not go to the post office or not accept the courier. This is what you can expect from your brother.

Then it makes sense to ask the notary to issue a certificate stating that you, as the seller of the share, have taken all measures to notify the co-owner of the upcoming sale. Not all notary offices issue such a document. Given your relationship with your brother, such evidence may be needed. Therefore, you need to find the notary who will issue it.

Therefore, in any case, I advise you to sell your share and notify other owners about the sale with the help of a notary.

Think carefully about your decision to sell your share. Please note that from the sale of a share in the apartment you will receive less money than if you and your parents and brother sold the entire apartment and divided the money.

Your relationship with your brother will not get any better because you sell your share now. Parents may also not approve of such a decision: not everyone will calmly treat a stranger among the owners of a shared apartment.

Try to calculate how profitable it would be to sell the share now. You may lose less money if you take out a mortgage and close it a few years later after selling the entire apartment. We wrote about how to determine the market value and made a mortgage calculator - calculate the different options. Take your time.

To get in the mood for negotiations with your brother and parents, read our article on how to talk with loved ones about money.

If you have a question about personal finance, credit history or family budget, write to: [email protected] . We will answer the most interesting questions in the magazine.

How to sell part of an apartment

Selling part of an apartment is one of the most difficult real estate transactions. This is due to the fact that a person who makes such a decision may face a huge number of legal difficulties that will await him at every step.

Is it possible to sell half of the apartment if there is only one owner? This is much simpler than selling a share of a property where there is no sole ownership, but it requires careful consideration of the situation and weighing the pros and cons. Please note that with a shared form of ownership, all participants receive equal rights regarding use and disposal at their own discretion, including resale.

In order to sell part of your apartment, you need to perform a complex algorithm of actions

First of all, you need to highlight the share that you are going to sell. This step must be formalized by a notary; you should not trust verbal agreements with a client who is willing to pay.

It is necessary to draw up a purchase and sale agreement and contact the Rosreestr authorities to obtain an extract on the ownership of the share. Difficulties that await a person who decides to contact us with the question: how to sell part of an apartment if there is only one owner, very often arise along the way. In addition to all these above actions, the owner must evaluate his apartment.

The price is directly influenced by the following factors: number of rooms, location of the house, market segment, area of ​​the apartment, distance from transport links and infrastructure. Of course, if the owner decides to sell the share, he has the right to independently indicate the price, but this does not guarantee that you will not be left in the red.

Let's consider the question of whether the owner of a one-room apartment can sell half of it

Yes, the owner has the right to divide the apartment into the required number of shares, respectively, and will be able to sell half. So you don’t have to worry too much about how to sell a share in an apartment with one owner.

The only thing you need to pay attention to and not neglect is the registration of documents.

No matter how many parts an apartment, house or other residential property is divided into, each owner is required to register their ownership rights.

In principle, it makes no difference how you provide written notice, but with registered mail you will have guarantees.

In this case, your neighbor-shareholders will not be able to pretend that they did not receive anything, because the letter is delivered only to the addressee, who is obliged to sign the statement.

If you cannot understand how you can sell part of an apartment, real estate agents will be able to explain this to you in detail, although they do not often take on such properties and with a great deal of displeasure. This is explained by the fact that a share in an apartment usually has a lower cost per square meter than a “whole” apartment.

Also, in this case, you need to put in a lot of effort and time, not to mention the various pitfalls that accompany this transaction. And the percentage that you will have to pay to the realtor is no different from the commission for the sale of the entire apartment.

That is, in normal language, in both cases, the agent will receive 25% (this is an approximate figure, the percentage of remuneration is discussed at the conclusion of the transaction and may vary).

Before selling part of your apartment, you need to consider all possible options, and also register the possibility of shared ownership with Rosreestr

If you do not have the right of sole ownership, then do not forget to notify the participants in shared ownership three months before the sale. It is better to do this using a registered letter in order to avoid various unpleasant moments and nuances associated with disagreement in the future.

If we consider the option of selling a share in an apartment where previously there was only one owner, then there is a need to turn to the letter of the law in order to understand how simple and legal it is.

The only restriction that is present in this law states that residential premises can be used exclusively for housing.

At the same time, when selling your share in an apartment, registration of the transaction and documents with a notary is required.

Of course, such a precaution will require a significant financial investment, but it is in this case that all conventions will be observed. In general, it is advisable that all transactions with expensive property need to be legally confirmed. Yes, you will spend money, but you will get a guarantee that you will not be left with nothing.

Unfortunately, cases of fraud have become more frequent recently. Especially if this concerns an apartment, room, house or car. It is very difficult for a legally unskilled person to understand what is being discussed in a particular document.

Only contacting a notary will help you understand the conditions under which the transaction is being made, how legal the various clauses and amendments are (we all remember the very small print) and what awaits the applicant at the end when the transaction comes into force.

In principle, if you follow all the prescribed rules and laws of the civil code, you will be able to understand how to sell part of an apartment where there is one owner. Pay attention to privatization, because it will also play a significant role in this deal. Non-privatized housing cannot be sold or given to anyone as a gift, since it is the property of the state.

However, if you can prove that you have lived in this apartment for a long time, then you may be allowed to privatize the housing

Sometimes people who are interested in whether the sole owner of an apartment can sell part of it come across various stupid advice to draw up a deed of gift instead of a purchase and sale agreement.

Remember, with such actions you are putting part of your property at risk.

You cannot be one hundred percent sure of the integrity of the participant in the transaction, so you can easily lose part of the apartment and not receive any payment for it.

Before deciding to take such a serious step, contact a law firm or notary office where they can provide you with advice and explain in detail all the subtleties and nuances that may be useful when completing this transaction, and also protect you from multiple pitfalls

In this article, we examined in detail all the possible issues that, one way or another, may arise when completing a transaction such as the sale of part of an apartment. As you can see, quite a lot of nuances lie in wait for a person who decides to do this, literally at every step.

There is a high probability of falling into the clutches of scammers, but there is an option for a successful ending to this story. Whatever happens, do not skimp on lawyers, because they will be able to warn you against a rash step or protect you from danger. Read the documents you are about to sign carefully.

The sale of part of an apartment means the sale of its share, that is, several people can own the property at the same time. But it is important to remember that the remaining shareholders have a priority right to purchase this part. Therefore, if they do not want to purchase it, they are obliged to formalize this in writing.

How to sell part of an apartment in Ukraine: features of the transaction and the rights of other owners

So how to sell part of an apartment in Ukraine and get the desired amount of money? You can carry out such a transaction through a real estate agency or through a bulletin board on the Internet. Even if the limits of the share do not coincide with any room, the owner of the share will always have his percentage of the sale of the apartment.

Is it possible to sell part of a one-room apartment: a real opportunity or a disadvantageous sale?

The sale of shares is of a completely different nature than the sale of entire real estate. There are two ways to do this:

• contact a real estate agent, but as a result he will persuade you to sell the entire apartment and split its cost;
• offer to buy your share to the second owner.

Is it possible to sell part of a one-room apartment to a third party without involving intermediary services? This option is possible, but the cost of the share will be significantly lower than the real one. In addition, the second owner may face a lot of problems as a result of this transaction.

How to sell part of an apartment if there is only one owner?

If the apartment is of sufficient size or its owner needs to receive a certain amount of money, then he can sell the share in the apartment to another person. Most often, the share coincides with the size of any room, so that the boundaries of ownership are clear to both owners.

Your real estate agent can tell you how to sell part of an apartment if there is only one owner. But you should be prepared for the fact that the new tenant may be unpredictable, and such a neighborhood will lead to trouble.

How can you sell part of an apartment: features of selling a share and mandatory conditions

Selling part of an apartment implies selling a share in it. In this way, it becomes the property of another person with the right of registration in the real estate. But such a transaction can be completed in favor of an outsider under one condition: the remaining co-owners must renounce their right of redemption.

But how can you sell part of an apartment and where to look for a potential buyer? Most often, this question is addressed to intermediaries or special agents who buy shares. The latter offer quick purchases, but the cost of the share is usually too low.

Can an owner sell part of his apartment without taking into account the wishes of the other persons who live in it?

If the owner of the property is the only one, then in this case he has the right to dispose of the property at his own discretion. He can sell, exchange, rent out housing.

Can the owner sell part of his apartment without coordinating the transaction with other persons registered in it? Of course, since they do not have the right to dispose of this housing. Therefore, no permission is required from them.