How to sell an apartment if one of the owners is against

The sale of an apartment with several co-owners has its own characteristics and must be taken into account in the preparation of documents for the conclusion of the sale transaction, as well as in the reorganization of ownership rights.

Multi-owner dwelling sales procedure

A multi-owner dwelling may be in joint or joint equity property, which means that each owner has the right to dispose of and own a certain share of the property.In the same apartment.

This option is possible in the initial acquisition of an apartment by several persons, in the inheritance of the dwelling, in the distribution of the share among all the heirs, in the placement of the dwelling into the property of all the persons registered in the apartment through privatization, as a result of the division of the property of the spouses by the courts, with the allocation of the share of the husband and wife.

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• In the case of joint ownership, the property is owned by persons.equal right to an apartmentbut no shares have been allocated.
• This type of ownership of real estate and other property arises between the spouses during the marriage.
• The difference between the sale of an apartment with multiple owners and the usual sale of an apartmentThe following are:

1. In the case of joint ownership, the seller ' s spouse must give his or her consent to the transaction of sale; if such consent could not be obtained, each party ' s share in kind must be allocated to the court.
2. In the case of joint ownership, every co-owner is free to dispose of his or her share and may sell it to anyone. Several owners may sell the apartment as a single property under the first transaction. If all parties do not agree, the seller of the share should take into account the rule of priority for the purchase of other owners.

Set of documents for the transaction

A standard set of documents will be required to conclude the sales transaction, which includes an extract from EGRN/EGRP to the site (or an old model certificate), the law-making documents, and the technical documentation from the BTI.It will also be necessary to:

• The wife ' s written consent to a transaction certified by a notary (in joint ownership);
• Written waiver of priority to purchase from other owners certified notarized.

The issuance of a sales contract with several owners would not be very different from the model.Its characteristics will be as follows:

If you want to know how to solve your problem,use the online consultant's form or call on the phone.:

• Moscow: +7 (499) 110-86-72.
• St. Petersburg: +7 (812) 245-61-57.

• The contract will identify several vendors with an indication of each of them ' s shares;
• A separate settlement may be made with the sellers and their bank account details for each person ' s share.

Another option is that each seller will sign a separate sales contract from itself in favour of one buyer.

But it will have to pay twice to re-register the property rights of the dwelling, which is disadvantageous to the buyer.

Procedure for processing the sale of an apartment if one of the owners is against

If the apartment is jointly owned, the conclusion of a sales transaction requires the mandatory consent of both parties.

It is not possible to sell an apartment without the consent of the other party in any circumstances, in which case it would be necessary to apply to the court in advance to determine each party ' s share.

Usually, the defendant and the claimant receive equal shares, but other options are possible (e.g. where the interests of the children are required).Compensation may be awardedfor his part of the apartment after it was sold.

Once the shares have been awarded, the parties should apply to Rostreest and register the share rights in a formal manner, followed by a sale transaction similar to the one under which the equity property dwelling is sold:

1. The seller of the share shall give notice to the other owners of its wish to sell the share and to take advantage of the right of purchase in accordance with article 250 of the Code of Criminal Procedure. The notice shall specify the purchase price and the essential terms of the transaction.

2. Other owners have 30 days to agree to purchase the share on the proposed terms or to waive the right of priority purchase; if they do not react in any way to the proposal, this would amount to an agreement to sell.

Once the above conditions have been met, the seller may enter into a sales transaction with any person.

1. But he should remember that he is not entitled to sell the apartment cheaper than the price indicated in the notice for other owners.
2. Thus, in the case of joint ownership, the sale of an apartment is only slightly delayed, but the lack of consent of all owners cannot be an obstacle to the conclusion of the transaction.
3. There are also several alternative ways of circumventing t.Request for priority of other owners:

• To enter into a gift contract instead of a sales contract (no agreement is required in non-reimbursable transactions);
• To enter into a loan contract with the buyer and to transfer its share of the apartment as a set-off for missed payment dates;
• To conclude a contract of sale at an overpriced price, which guarantees the waiver of the priority right of other owners.

A flat as a single object can be sold much more than in the case of a share sale.

All owners cannot be forced to sell; they can only enter into a sales transaction if they wish.

But there is one exception: if the opposing owner ' s share is small, he may be forced to hand over his portion to the other owners forcibly through the court to pay him monetary compensation.

What is the risk of selling an apartment without the consent of other owners?

Since the consent of other owners is a prerequisite for the conclusion of a sales transaction, failure to do so threatens to invalidate the contract concluded and to render it null and void; other owners whose property rights have been violated may apply to the court; and the owners may base their claim on article 35, paragraph 3, of the Family Code and article 253, of the Criminal Code of the Russian Federation.

If the owner ignores the priority purchase rule of the Civil Code, other shareholders may request the transfer of duties/rights of buyers to themselves (according to article 250, paragraph 3, of the Criminal Code of the Russian Federation), for which they have three months from the moment they have learned that their rights have been violated, as confirmed by the jurisprudence and the Supreme Court ' s ruling.

Other ownersThey may also challenge the sale transaction.if the share was sold at a more favourable price than was offered by the seller in the official notice.

# Question to NM: How to sell an apartment without the consent of one of the owners?

"Our greatness" answers the pressing questions of the day.

"Our apartment is privatized on me and our daughters, our eldest daughter is married and living separately, I live with my youngest daughter and my mother, who needs constant care. Living in one apartment for three generations is very difficult. Do you need the older daughter's consent to sell the apartment? And if she doesn't agree, what do you want?"

The question is answered by Elena Manko, Project Coordinator and Lawyer of the All-Ukrainen Foundation of Granny's Charity:

- The use and disposal of property in common share ownership is subject to the agreement of all the parties (art. 4, para. 3, of the Property Act). Accordingly, the sale of a privatized dwelling is made only with the consent of all the owners, regardless of whether they live in an apartment or not.

1. The sale of an apartment, if all the owners agree, is the simplest way to sell an apartment if you've been able to negotiate with all the owners.

• You find the buyer and prepare documents (example list):
• - The original passport of each owner;
• - Identification codes of all owners;
• - Birth certificates for children, their identification codes (if children are owners of real estate);
• - Authorization by the guardianship and guardianship authorities to dispose of the property for the benefit of minor children or disabled persons, limited to legally capable citizens (owners of the property);
• - A document confirming ownership of the real property;
• - Technical passport;
• - For a seller who is married, a marriage registration certificate (certificate of dissolution of marriage, death certificate of the spouse);
• - the power of the owner of the immovable property to sell the facility, if the seller is another person and not the owner personally;
• - If the apartment has been privatized in marriage, the consent of the spouses is required, since the object is considered jointly acquired property;
• - Expert assessment of the apartment;
• - An information sheet from BTI (a certificate should be provided if previous transactions with the flat took place before the end of 2012; as of 1 January 2013, such a certificate is not required as an electronic real estate register has been introduced);
• - Form No. 1 of the housing organization, which lists the persons registered in the dwelling;
• - Certificate of non-payment of utility charges.
• Note that the package depends on different factors: the number of owners of the dwelling, the marital status of the owner and others.

1. The sale of an apartment, if at least one owner disagrees, if, for example, your eldest daughter doesn't agree to sell her share, no one can force her.

The owner who does not want to be involved in the sale of the apartment will have priority over your share.

That is, everyone who agrees (you and the youngest daughter) is required to notify the eldest daughter in writing of the sale of their share.

And only after she refuses, or within a month of a written notice of sale, will you be able to sell them to another buyer.

But this way of solving the apartment question has many disadvantages, because if the eldest daughter can't buy your share of the apartment, it's gonna be for outsiders, so your daughter's gonna actually get a room in the communal apartment with all the consequences.

If one owner opposes the sale of an apartment

19.12.2018

At subsequent stages, the second owner ' s objection would also have no effect; in the case of notarization of the contract and registration of the transaction, the second owner ' s participation in the Rosreest service was excluded; even if a written objection was submitted to the said authorities, it would have no legal effect.

• Give the plaintiff and the defendant equal shares (standard rule in divorce proceedings);
• Disaggregated in unequal shares (e.g. due to the need to respect children ' s rights and interests or unfair treatment of a former spouse ' s family budget);
• Transfer of the dwelling to the property of one of the citizens, while at the same time paying compensation in favour of the second party for part of the dwelling.

Sale of an apartment if one of the owners is against

Once the shares have been awarded, the parties should apply to Rostreest and register the share rights in a formal manner, followed by a sale transaction similar to the one under which the equity property dwelling is sold:

As a result, the parties to the transaction will return to the starting point: ownership of the apartment to return to the seller; it will be required to reimburse the buyer for the rent paid, as well as to pay the penalty in the form of a fixed amount fixed by the court, or as a fee for the illegal use of other persons ' funds for each day.

Sale of multi-owner dwelling

If one of the owners of the dwelling wishes to sell his share of the property, he must inform the co-owners thereof.

1. Request a certificate from the owner confirming that there are no debts, arrests and restrictions imposed, and a certificate from the FMC, a passport table and an extract from the EGRP, which the buyer can order on his own, is also required.
2. It is necessary to examine the reasons for the emergence of joint (joint) property; the area of risk is the inheritance within which rights can be restored for up to three years.
3. Check the dwelling for charges that may not be recorded in the registers; the owner must provide the certificates himself.
4. Sign the contract of sale to the share or apartment in its entirety (in joint ownership), which indicates the consent (or reason for refusal) of the other owners.
5. Once a contract has been drawn up, the rights of the new owner must be registered and a package of documents must be sent to Rosreister for this purpose.

How to change an apartment if one of the owners is against

There are five owners in our three-room apartment, one of the owners of which is, to say the least, a restless and intoxicated lifestyle, which causes a lot of inconvenience.

You are entitled to sell your share of the dwelling. You must first offer to buy your share to all your owners, together with you, with an indication of the price and other conditions on which you sell it.

If the rest of the shareholders refuse to buy or do not acquire a sold share of the ownership of the immovable property within one month of the date of the notice, you are entitled to sell your share to any person.

How to sell an apartment if one owner is against

So the first way out of your situation is to give your grandmother and yours a share in nature, in the form of rooms, by agreement of the parties, or in court, and the apartment becomes a communal one, and you sell your room with your grandmother, which allows you to add the necessary amount and buy her the desired apartment.

Under the Law on State Registration of Real Estates, sales of shares in an apartment must be notarized; if an apartment is sold to an outsider, the notary must verify that the right to purchase the other owners of the dwelling is respected.

Legal features of the sale transaction by the two owners

Who objects? How to ActThe equity owner of the Second Owner sends him by registered letter a notice inviting him to take advantage of the right to purchase the share.

If within a month the second owner does not respond or sends a written waiver, the share may be sold to third parties.

A joint owner may not enter into a sale transaction with third parties without the unanimous decision of the two owners to sell the apartment.

Important nuance:If the co-owners of the dwelling are the wife and the husband, the law provides for the possibility of selling the property without the notarized consent of one of the spouses or the personal consent of one of the spouses; the seller must present the contract of marriage to the buyer at the time of the transaction; it must be stated in the document that the apartment is owned only by the seller and the other spouse does not have the right of the owner in respect of the home to be disposed of.

How to sell an apartment if one owner is against

According to Olga Bagaeva, Senior Legal Officer of the National Legal Service: If the apartment is privatized for several persons (i.e. is owned in equity), it is sold by agreement of all owners, as stipulated in the Civil Code, so it is not possible to sell the entire apartment which is owned in equity if it is against at least one of the tenants.

So the first way out of your situation is to give your grandmother and yours a share in nature, in the form of rooms, by agreement of the parties, or in court, and the apartment becomes a communal one, and you sell your room with your grandmother, which allows you to add the necessary amount and buy her the desired apartment.

Sale of multi-owner dwelling

It's not easy to sell an apartment with a few owners, because many buyers are trying to get around these deals so they don't run into lawsuits in the future, and we're going to tell you what the features of this deal are and what it takes not to run into underwater rocks.

1. Information on the buyer: If more than one person buys an apartment by dividing real estate into shares, it is important to indicate also all persons involved in the transaction and their personal data.
2. Information on participation in joint ownership: For example, the serial number of the contract, which was previously registered in Rosreister and confirms that all the said owners are full owners according to the contract.
3. Cost of apartment or all shares.
4. The subject matter of the contract is either the purchase and sale of an apartment with common property or the transaction with equity property.
5. Payment: It is important to specify the method of money transfer, perhaps the buyer is willing to transfer the money to a receipt or, alternatively, through a bank transfer.
6. Disputes and conflicts: In order to guarantee the validity of the transaction, this paragraph states that all documents provided by the seller have been verified and not forged.
7. Liability of the parties: For example, in cases where faults have been identified by the buyer or seller, it is possible to apply to the courts for avoidance of the transaction, where an apartment is sold with furniture that is included in the value and is specified in the contract, but when new tenants enter the apartment, they find the property damaged or missing.

How to sell an apartment if one of the owners is against

I have a three-bedroom apartment, three owners, me, my dad and my mom.

Now I'm renting out two rooms, and the biggest room is an alcoholic father, and now I've made a homeless man out of the room, a drug den, and so on.

The drug court case, he doesn't go to court.

My dad doesn't pay the rent, no income, all the paperwork on my apartment, and we can sell the apartment through court, so we can split the money.

It's interesting to read:

If one of the owners is against the sale and the permit is not given, then you cannot sell the dwelling, but you can allocate your share and sell it.

You have the right to sell your share, but I don't think anyone can buy a room with an alcoholic's neighbor.

Methods of exchange of privatized dwelling

The property registration service does not require the payment of a State duty, butrequires the payment of an appropriate tax on the details of the State budgetFor citizens who are resident in our territory, the amount will be 13 per cent, and for foreigners 20 per cent.

Someone's on the verge of a divorce and doesn't want to.Segregate the living areaWith his spouse, therefore, it is decided to divide one large apartment into two smaller metres, one way or another, but the reasons for the change are many and the most important of them is the desire of the parties and the owners to produce the act.

We sell the share in the apartment if the second owner doesn't want to be taken away, given.

Often the share of the dwelling is owned by people who find it difficult to negotiate with each other, and there are problems with both living together and selling their share.

Unfortunately, there are regular situations in which one of the owners prefers to use the apartment alone, without allowing the other owner to enter it and not wanting to buy out his uninhabited share.

Article 250 of the Civil Code of the Russian Federation provides for the priority right to purchase the part of the dwelling to be sold by another donor.

This means that the signature of a contract for the sale of real property in equity property requires a notary ' s certified refusal by the other owner to purchase the share sold.

There are problems with obtaining such a document in the disputed apartments, but they are resolved by sending a written offer to the co-owner of the dwelling:

How to buy shares in the apartment from relatives, children?

The share of property is the property of two or more persons belonging to them and each person ' s share is determined by agreement or law. Article 244, paragraph 1, of the Civil Code of the Russian Federation. Property owned by two or more persons is owned by them in common property.

In practice, there are three reasons for the emergence of joint ownership:

1 PHASE: Report on the realization of the share in the apartment.The seller must inform the remaining owners in writing of its wish to sell the share because they have priority.

The notice shall specify the price and the terms and conditions under which the sale will take place; if the notice is not given, the owners may apply to the court.

If, within a month, none of the owners has indicated a wish to purchase the proposed share, the seller is entitled to sell it to an outsider, but under the conditions contained in the notice.

When the owners agree to sell the share to an outsider, they may write a refusal before the end of the month and send it to the seller (art. 250, para. 2, of the Russian Civil Code).

If one owner opposes the sale of the apartment Reference to the main publication

How to sell an apartment if one of the owners is against

The sale of a share of the dwelling must comply with all the legal rules and requirements; otherwise, the seller faces adverse legal consequences; problems arise if one of the co-owners does not want to carry out the sale transaction.to sell an apartment if one of the owners is against.

• If the dwelling is in joint marital property, the sale will not take place without the written consent of the second spouse.
• If the dwelling is in common share ownership, each owner has the legal right to dispose of his or her share as he or she deems fit (sale, gift, inheritance); in the case of a co-owner against the other, the seller must inform each owner of his or her preferred right to purchase the share sold; and if no one has bought the share, the person will continue to process the sale in a standard manner.

If they agree that the seller may dispose of the property owned by him or not, then a sale may take place.

The value of the share in the sale shall not be less than that specified in the notice.

Sales of shares are certified by a member of a notary agency and, when a foreign person acquires a share of the dwelling, the specialist will further check whether the priority right of the co-owners has indeed been respected in accordance with the law, thus preventing the unpleasant legal consequences of challenging the transaction in court.

The allocation of a share in nature means that a person is deprived of his or her common property, which he or she now owns individually, which gives him or her the right to dispose of his or her personal share at his or her own discretion.

Several nuances should be taken into account.

• If the disputed apartment is a single room, it will not be possible to allocate a share.
• If the share of the share results in substantial damage to the property, the allocated owner is entitled to be paid according to the amount of the share of the other co-owners; the disproportionate damage is the inability to live in an apartment or to reduce the cost; and if the technical condition of the dwelling deteriorates significantly after the share has been made, the procedure will be rejected.

The allocation of the in-kind portion of the court consists of the following steps:

• The applicant ' s request to the BTI specialists for a certificate confirming that it is possible or impossible to allocate a share in the disputed apartment;
• Preparation of the claim;
• Sending the claim and all necessary documents to the District Court at the apartment ' s address.

The claim will need to specify:

• Name of the vessel, address of its location;
• Information on the plaintiff and the defendant: FIO, registration address, contact details for communication;
• The subject matter of the dispute: an object of real estate in which shares must be identified;
• The characteristics of the claimant ' s and defendant ' s use of housing;
• An indication of the portion of the share to be allocated;
• An indication of the amount of compensation, the manner in which it was calculated;
• A list of the documents to be applied;
• Date on which the claim was brought to court, signed by the applicant.

If the court takes a positive decision, the owner will have to place the apartment on the cadastral register and register the changes that have occurred in the ownership of the in-kind share, which should be addressed to Rosreister by providing the staff member with the following:

• The passports of the owners of the dwelling;
• Applications from each co-owner;
• A court order;
• the title documents for the original real estate.

A sale without the consent of the other owners is illegal: in such a situation, the contract is cancelled and rendered null and void; co-owners whose property rights have been violated may apply to the court.

Once the court has ruled on the cancellation of the transaction, the seller shall have his property rights returned to him; he shall reimburse the buyer the amount of money that he paid for the dwelling, and shall pay the penalty for the illegal use of other persons ' funds for every new day.

In the event that the owner does not inform the other co-owners of the prior right to purchase, they are entitled to initiate legal proceedings with a request to transfer the buyer ' s rights to themselves. 3 months from the time they became aware of the violation of their property rights.

The property rights of the co-owners are also violated if the share was sold at a reduced value – compared to the price specified in the seller's notice to the other owners.

In this situation, people also have the right to seek judicial assistance and the transaction will be cancelled.

So if the owner of the share plans to sell his property, but the other co-owners are against it, it doesn't deprive him of the opportunity to make a sale.

If you have any questions, our on-call lawyer is ready to consult you for free.↓

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How do you sell an apartment if the other owner is against it?

It's easy to sell property that's co-owned, and you just need to know some nuances and the subtleties of the process, and when you look at this material, you'll understand how you can sell an apartment if it has more than one owner, and everybody has a specific share, and we'll also look at the question of how to sell a dwelling when you don't have a share of the owner's, for example, if you have a spouse owns a real estate.

How to sell an apartment without the consent of the second owner if each share is identified?

If one of the owners wishes to sell the dwelling, but the co-owner does not agree, but each of them owns the share.

1. Invite the second owner to buy his or her share, to do so in writing, preferably in the presence of a notary who will record the notification.
2. If he does not respond to the offer, or if he does not respond to the offer, then let him sell his share of the dwelling for a general sale.
3. If the buyer is found, make a sale.

The second owner may, by any means, delay the sale process; for example, not give an answer within a specified period of time, even if he does not want to buy a share; sometimes the co-owner may inform in writing of his ban on selling a share of the dwelling, but it is a purely psychological effect that has no legal basis; such a prohibition can be ignored.

In any case, if you doubt the validity of the joint-owner's actions, consult with a specialist from the city.

The second owner doesn't want to sell a shared apartment.

If the owners of the dwelling are divorced, or are about to do so, the question is how to share the property, including the apartment.

What to do in such a situation? Let's just say you can't sell an apartment without the second spouse's consent, but you can't find a way out of it, you can't get a better answer to this question with a lawyer from the Legal Society, but we're gonna talk about the most popular solutions.

1. If you want to sell an apartment and the other owner doesn't want to do so, you can ask him to pay your half of the rent by knowing how much it is in the real estate market today.
2. If you do not want to make any trade-offs, you may ask each owner for a share of the property and sell it as it is described above.

An example: The spouses were unable to agree on their own on how to divide the dwelling into a share, so they had to seek the assistance of the court, and during the hearing the wife, who was with two minors, demanded an increase in her share in order to accommodate the interests of the children.

The court took into account all the evidence and the plaintiff's demands and provided her with three rooms out of four in a joint apartment with her husband.

Difficulties in selling an apartment if the second owner disagrees

If it is reasonable to deal with the sale of a jointly owned apartment, there should be no particular difficulties; the only way to delay the process is if the second owner fails to find a compromise solution, but it is necessary to be patient and to do everything in accordance with the law. What can cause a delay?

1. The second owner categorically refuses to sell the apartment.
2. The co-owner does not want to negotiate a share of the dwelling.
3. Once the share is allocated, the second owner does not want to buy out the second part, while at the same time preventing the sale by any means to outsiders.

Legal solution to the sale of an apartment where there is no second owner ' s consent

If you want to sell an apartment, and if you want to sell the second owner, you can ask for the help of a lawyer from the city of Cristosphere, and first of all, the specialist will try to resolve the matter peacefully, most often because he has a good knowledge of the law in this area, which helps to find the right arguments to convince the opponent to do the right thing.

In a case where the owner is not subject to any methods and the problem is not solved by the world, a member of the Legal Agency will help to write an application to the court for a share in the apartment. He will defend your rights in this instance, and after a favourable decision has been made, he will help you sell your share.

How do you sell an apartment if the other owner is against it?

If you know all the nuances of the deal, the question of how to sell an apartment, if one of the owners is against it, will go away on its own, but the second owner's disagreement with the estate may delay the sale for a long time.

Sale of share of property

No matter how much of it belongs to each of the co-owners, the owner will have equal legal responsibilities in the removal of the dwelling, and a number of actions must be taken:

• Find an interested person in buying a part of the apartment;
• Agree on all conditions and requirements;
• to make a project that will specify the value and the terms of the settlement between the subjects of the transaction;
• Send a notice to the co-owner about the sale of his or her share of ownership (the second owner is asked to buy out the property);
• A month after the notice is served, if the second owner is against the sale, a notary guarantor must be contacted to certify the agreement;
• After the notary office, it is necessary to go to Rostreister or the IFC for paperwork;
• receive an extract from the EGRN (after which ownership rights automatically pass to the new owner).

Attention!The co-owner ' s objection could be raised at any stage of the transaction, but the disagreement would have no legal significance, but would only delay the procedure.

If, upon receipt of the notification, the other owner decides not to buy the other part, he may so declare in writing, in which case the seller may not wait a month and immediately proceed to a notarization certificate.

If the co-owner has not said anything about the ransom, but has declared that it is prohibited from being sold, the lawyers advise you not to respond to such a statement and wait until the end of the 30 days; the second owner's opposition will not be taken into account at the next stages.

• How do you sell your share of the apartment right?
• How do you sell an apartment that is in common share ownership?

Once the seller goes to the notary and Rosreestre, the second owner can no longer do anything; even if the co-owner sends the prohibition in writing to the relevant authorities, there will be no legal consequences.

Many people are very concerned about whether a co-owner can interfere with a transaction by resorting to a court of law. There is no reason to panic. The other owner will anyway be denied the action. If he takes advantage of the right to buy a share of the property, he will be able to destroy the transaction, but the seller will not suffer because he will sell his property under the same terms of the sales contract.

How to sell a co-owner ' s dwelling

If the property is jointly owned, any disposition shall require the consent of both parties; no written statement will be required, it will be sufficient for both owners to sign the contract of sale and to give their home to the new owners.

Often, during divorce, people are concerned about the money for abandoned housing, in which case it will not be possible to sell the apartment without the consent of the other spouse; before selling the dwelling, it will have to be divided or transferred to the estate.

If the second owner does not agree to sell the apartment, the matter will be settled through the courts.

• The plaintiff and the defendant receive equal shares (usually this is the case in divorce cases);
• The plaintiff and the defendant receive unequal shares (in the case of one of the spouses who misjudged the family budget);
• The dwelling is transferred to the plaintiff ' s property and the defendant is paid compensation for part of the dwelling.

The compensation is calculated on the basis of the market value of the property and a report on the market value of the dwelling must be obtained from the evaluator.

If the court has decided to divide the property into equal shares, the right of ownership must be registered in Rosreestre; after receipt of the withdrawal from the register, the procedure for the sale of the part of the property can be continued peacefully, but with notice to the second owner.

1. It's interesting:
2. How can we not legally pay for major repairs?

What documents will be required for the sale of housing

The sale of a dwelling will require documentation that includes an extract from the EGRN to the property, documents establishing ownership of the dwelling, technical papers from the BTI, as well as:

• Written consent of the second spouse (in joint ownership);
• Written refusal by the co-owner to purchase part of the dwelling (with equity property).

The resultant sales agreement usually identifies several sellers with a portion of each of them, as well as a settlement with sellers with details for the transfer of funds for a portion of each person.

Procedures for processing the sale of housing

In the case of joint ownership, the seller sells as follows:

1. The seller of a part of the property sends a notice to the second owner of its desire to sell its legal part and invites him to exercise his right under article 250 of the Civil Code of the Russian Federation, entitled "Prior right of purchase", which specifies the price and terms of the transaction.
2. Within 30 days, the co-owner must decide whether to buy the share or not.

There is an important point: the seller should not sell the dwelling at a lower price than the one stated in the joint owner's notice.

According to all the above, it can be concluded that the disagreement of the co-owner cannot affect the sale of the dwelling in any way, but can only delay the process.

Special features of the sale of an apartment in equity property

The existence of a partial form of ownership of a dwelling does not deprive each owner of the right to dispose of his or her share, but creates additional restrictions.

The sale of the share of the dwelling must take into account the right of the other owners to a higher ransom, which is provided for by law, and the procedure for selling the share of the dwelling is laid down in the Federal Act of 13.07.

2015 No. 218-FZ "On State Real Estate Registration".

In the submission, it is possible to learn how to sell an apartment in equity property and what legitimate sales options would circumvent the priority right of purchase.

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

The law allows for various options for ownership of real property, including by establishing a form of equity ownership, in which case the following characteristics of ownership and management of housing are established:

• Each owner has a certain share in the common law, the size of which depends on the agreement of the parties in the construction of the dwelling (e.g. in the privatization process, the shares of all owners will be equal);
• Each owner has the right to dispose of the shares, including by selling them to third parties, but the remaining owners have the right to a higher ransom;
• The sale of an entire dwelling will be possible only with the consent of all the owners of the transaction, and the compulsory removal of others ' shares is not permitted by law.

The existence of a joint ownership right is confirmed by the REM registry, and each owner has a package of title documents that determines the amount of his or her share in the common law.

The procedure for the management of shares in an apartment must take into account the priority right to acquire it (art. 250 of the Russian Civil Code), which belongs to each donor. This requirement of law compels the seller to comply with the following algorithm:

• The search for a potential buyer of the share and the determination of the essential terms of the transaction of the subject matter, price and other arrangements of the parties;
• Preparation of a draft treaty specifying the terms and conditions agreed upon by the parties;
• To notify each owner of the forthcoming sale of the principal ransom interest under the terms specified in the draft contract;
• If one or more contributors agree to the priority right of ransom, the transaction shall be with them;
• If the priority is waived, or if there is no response within a month, the original buyer will be awarded the contract.

In giving notice to the rest of the owners, the requirements of the law must be taken into account; the right of superior ransom implies the procedure of sale under the same conditions as set out in the draft original contract and notification; these conditions are not subject to modification.

In the absence of a response to the notification from the other equity owners, the further sale of the share will follow standard rules.

It matters!It should be borne in mind that any contracts relating to equity transactions are subject to notary certification; in addition to verifying the content of the contract, the notary will be required to comply with the conditions for notification of the other shareholders.

The right to a higher ransom may be used simultaneously by different owners, in which case the share will be distributed equally among each buyer.

Ways of circumventing the priority right of purchase

If, for any reason, the owner of the share plans to avoid notifying the other owners of the forthcoming sale, alternative options may be available, and it should be borne in mind that in some cases the withdrawal of the priority right of ransom may result in the non-feasibility of the transaction at the request of the interested parties.

Donation agreement

The owner of the share shall have the right to dispose of it in any lawful manner, including by giving; the transfer of the share in the form of a gift may be an alternative to the contract of sale if the parties plan to avoid notifying the other shareholders and to exercise their right to a higher purchase.

In this case, the following features should be taken into account:

• The gift transaction is of a non-reimbursable nature and, in the event of a dispute between the parties, the buyer runs the risk of losing money paid outside the contract;
• Since the requirement to notify the remaining shareholders applies only to exchange transactions, the other owners of the shares may not be notified when the gifts are made;
• The conclusion of a gift contract does not eliminate the obligation of notary certification.

It is thus possible to sell the share by entering into a gift contract, but in this case the buyer bears significant risks.

Overpriced sales contract

In agreeing on the terms of the forthcoming transaction, the seller and the buyer of the share have the right to determine the contract price themselves, in which case the overprice of the sale may be established so that the other shareholders cannot claim the priority right of purchase.

It matters!In such a transaction, it must be borne in mind that the notification of other shareholders could not be avoided.

It is likely, however, that the primacy of the right of purchase will be exercised even at a knownly high price; this may be due to a reluctance to allow outsiders to belong to the owners.

In addition, overvaluation of the value of the share may lead to the invalidity of the transaction if the other shareholders can prove that the price of the contract was in fact less than the amount, and the substantial increase in the tax on income, which the seller will have to pay on the basis of the price set out in the contract, should not be forgotten.

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Loan agreement

Another non-standard sale option is to enter into a loan contract, while at the same time setting a bond on the share, in which case, in the event of default of the obligation to repay the amount of the debt, the lender is entitled to apply for bail.

This version of the transaction is very rarely used, as it takes two public registrations first to register the pledge and then to establish ownership of the pledge holder.

In order for the transaction to be found to be false, the parties need to specify the actual period of use of the funds, which significantly increases the duration of the transfer of ownership of the share.

When does the rule of law not work?

The preferred right of purchase applies only in cases of exchange of shares in favour of outsiders; if the share is sold to one or more owners of other shares, the right of priority shall not apply; in the case where several shareholders have immediately indicated their willingness to purchase the share, the seller is free to determine the buyer.

In addition, it is not possible to claim the right to transfer the share on the basis of transactions of a non-reimbursable nature.

It matters!In the case of mena, the priority law remains valid, as this type of transaction is recompensable.

Also, the rule of superior ransom does not apply to the sale of shares in public tenders; this procedure is applied in the event of the payment of debts in the execution proceedings or the bankruptcy of natural persons.

What kind of share deals can't be made?

The law contains the only limitation, and the allocation of shares does not permit the indication of the share as an assignment of the right of claim (art. 388 of the Russian Civil Code); since transactions with equity property are subject to notarial certification and State registration, the contract of assignment of the right of claim for the share will be rejected as unlawful.

Share property in the apartment is possible to sell the whole apartment

The contract for the sale of an apartment with equity property will enable the buyer to acquire an entire object by giving it all shares at the same time.

In this case, it is not necessary to enter into separate contracts with each payee, except in cases of purchase of shares at different times (e.g. purchase of an apartment under two contracts may be made in respect of an apartment with two shareholders).

The following features should be taken into account when purchasing a shared flat:

• If all owners are willing to sell the equity dwelling at the same time, there is a single sales contract which will set out the settlement with each shareholder;
• The purchase of an apartment in equity property takes place without the notification of the shareholders, as they are all sellers at the same time;
• Even if all owners have expressed their consent to the sale and are involved in a transaction, the contract is subject to mandatory notarization.

Most of the questions raised are how money is distributed to shareholders when selling an entire apartment; since the law provides for full freedom of contract, the sellers themselves can determine how money is shared when the equity property is sold.

The following options are allowed for the distribution of funds received from the buyer:

• The sum under the contract shall be transferred to each seller in proportion to the size of their shares (in an apartment with equal shares, each owner shall receive an equal amount);
• Sellers may agree to transfer funds to only one of the citizens (such cases are typical of the sale of an apartment owned by members of the same family).

After buying an equity dwelling, the seller has a right of personal ownership; if two or more buyers are involved in the transaction, they have the right to choose the form of joint ownership (debt or joint ownership).

What if one of the co-conspirators is against the sale?

Can one of the shareholders prevent the conclusion of a contract of sale and what legal effects do such objections have? Regardless of the reasons for the objection, it is not possible to prohibit one of the owners from selling the share.

In the event of an objection by one of the owners, the following options are possible:

• If the notice of the pending transaction is objected to by one of the contributors, it is considered that the right of priority purchase has not been exercised and the transaction continues on general grounds;
• If one of the contributors objects to the transaction and delays the time to respond to the notice, the seller is obliged to wait until the notice has expired (this period may not exceed 30 days).

If one of the partners objects to the sale of the share to an outsider, he shall have the right to purchase it on a priority basis, in which case he shall respond within 30 days to the notice of the transaction received.

ATTENTION!In view of the latest legislative changes, the information in the article may have become obsolete!Please write in the form below.

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