Is it possible and how to sell a share in an apartment without the consent of the second or other owners in 2023

Selling a share of real estate is not always a quick and easy transaction. During the process, the seller faces legal snags related to possible claims from other owners, because he does not have the right to solely dispose of the entire living space.

The conditional division of real estate according to documents only aggravates the situation: the owner is not always able to clearly say where his legal territory ends and the territory of his neighbor begins. In addition, even with the agreement of the owners, strict compliance with all legislative formalities is necessary during the sale.

In law

The provisions on shared property are enshrined in Articles 244-259 of the Civil Code of the Russian Federation.

Individual rules can be found in the Federal Law “On the Privatization of Housing Stock”. The norms for registering property are determined in the Federal Law “On State Registration of Real Estate and Transactions with It”, Art. 24.

• All contracts for the sale of a share of real estate must be certified by a notary.
• Other recent legislative changes affecting these articles were introduced back in 2015.
• In 2023, there are no prerequisites yet that the legislative bodies will change the content of Articles 244-259 of the Civil Code of the Russian Federation.
• Apparently, persons wishing to sell common property will not have any legal problems, since the legislative framework in this area has remained virtually unchanged for a long time, with the exception of the need to notarize contracts.

Preemptive right of purchase - what is it?

Owners of other parts are first in line to purchase. In accordance with Article 250 of the Civil Code of the Russian Federation, if one of the owners of shared property wants to sell his share, he undertakes first of all to find out whether other owners would like to purchase this part.

Before selling a share, you should obtain documents indicating that the other owners agree with the terms and have no claims to the property. All of them must write a refusal to purchase.

Important! If for any reason the terms of sale have changed, all owners must be notified again, otherwise they have the right to petition the court to grant them preferential rights to purchase. The exception is if the cost is adjusted upward.

And here there is a limitation: not every apartment is legally allowed to be sold for debts. Collection is permitted in the following cases:

1. The debtor does not live in the apartment where he has a share, being the owner of other real estate.
2. The share of the apartment is the subject of a mortgage loan - then even the only living space is seized.

Ways to bypass the pre-emptive right:

1. Deed of gift. You can donate a share to a private person, having previously agreed with him to pay for the property using a regular receipt. There is a risk of being deceived, and neighbors may challenge such a deal in court.
2. Overpricing. In this case, the purchase and sale agreement must contain the “official” value. Settlements with buyers are made at the previously agreed upon cost.
3. Pledge. The seller takes out a loan by mortgaging his part of the apartment. Next, a compensation agreement is signed, and the borrower takes possession of the property. The pledge of property must be registered.

What to do if the owner is against the sale of the share

1. Buy out his share. This is beneficial if it is much smaller in area.
2. Offer to sell the property together and split the funds.
3. Contact the courts. The court may again side with you if your share significantly exceeds the share of the “resistant” co-owner.

Interesting! You have the right to rent out part of the property, receiving income from it, donate it to a third party, or transfer it to an heir.

To complete a transaction you need to go through the following steps:

1. Search for a buyer for the share and formation of contractual terms of the parties.
2. Initial consultation at a notary office.
3. Analysis of legal documents.
4. Preparation and collection of documents necessary for the transaction.
5. Signing by the parties of a real estate purchase and sale agreement.
6. Registration and consolidation of property rights in Rosreestr.

However, you should take into account:

1. If a child is registered in the apartment, the consent of the guardianship and surety authorities is required.
2. In case of acquiring a share of an apartment in a legal marriage, the consent of the spouse will be required.
3. If redevelopment has been carried out on the living space, you will need to update the technical passport of the apartment.

Sale of a minor's share

A minor will be able to independently enter into transactions for the management of real estate only from the age of 18. Until this age, his interests are protected by authorized representatives - guardians or parents.

So, the sale of a child’s share of real estate is possible when:

1. A minor has permanent registration and lives at a third-party address.
2. The child has other living space suitable for his/her residence.
3. Another property will be registered or purchased in the child’s name, again guaranteeing him housing.

Important! Even if all of the above conditions are met, in order to draw up a purchase and sale agreement, you will need to obtain permission from the guardianship authorities. Guardians must contact their local guardianship authority and apply for permission.

Required papers for application:

1. Passports of parents or guardians.
2. Child's birth certificate.
3. Documents confirming the ownership of the property being sold.
4. Documents for the purchased living space (if a new apartment is purchased in the name of a minor).
5. Checks and receipts confirming the receipt of funds to the child’s account.

If you are going to purchase another property instead of the one being sold, then the equivalence of the living spaces is necessary - otherwise it is considered that the interests of minor children are being infringed.

List of required papers

1. Certificate of ownership of real estate.
2. Identification documents of all participants in the transaction.
3. Characteristics of the object.
4. Consent of the husband or wife (if any) to the sale of the share.
5. Cadastral and technical passports.
6. Certificate about citizens registered in this living space.
7. Extract from the Unified State Register.
8. Certificate confirming the owner's right.

Additional documents:

• copies of notices for all citizens who own the right of ownership of the apartment for sale with notarization;
• copies of postal notifications confirming the receipt by the above-mentioned citizens of the relevant notices;
• certificate of transfer of application;
• refusals of co-owners of living space from the right of first refusal, certified by a notary;

Taxation procedure

From the proceeds a citizen receives from the sale of an apartment, he is required to pay a personal income tax of 13%. If the share of the property belonged to the seller for more than three years, personal income tax does not need to be paid.

Samples

Like any real estate transaction, selling a share of an apartment will require time and effort. You can save a lot by contacting professional lawyers to solve your problems.

How to sell a share? Legal consultation on video

Lawyer Inna Belyakova tells how to legally sell a share in an apartment without the consent of other owners.

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Selling a share in an apartment without the consent of other owners: is it possible, samples of 2023, how to do it correctly

Last modified: May 2023

The most problematic apartments for owners are those apartments that simultaneously belong to several persons in certain parts.

Of course, such deals are attractive and allow you to legally purchase your own living space and registration for a small amount compared to the full cost of the apartment.

But along with a favorable price, some difficulties arise - after all, selling a share in an apartment without the consent of the owners is very difficult and requires knowledge and strict adherence to the norms regulated by the Civil Code of the Russian Federation.

Shared ownership: basic concepts

• The basic concept of shared ownership is defined in Article 244 of the Civil Code of the Russian Federation and implies that any property can be owned jointly by two or more persons.
• Division into shares can be carried out only in a privatized apartment.
• The share of each owner in the apartment is calculated as a percentage of its entire area.

Division can occur by agreement of the parties, or if such is not achieved in court. The court may in the future reconsider its decision in favor of one of the owners, whose family composition will increase due to marriage and the birth of a child.

Physical and legal share

When property means an apartment, then most often the division of ownership is carried out not in the physical, but in the legal sense. This is due to the fact that it is often not possible to divide an apartment in kind, in particular if the apartment is one-room.

Legal division means that the law does not stipulate which specific part of the apartment one of the owners owns. This principle applies to both residential and ancillary premises: bathrooms. node, kitchen, corridors and hallway.

Responsibilities of shared owners

 

In addition to the right to own property, the owner also has responsibilities. They arise during the operation of the living space and are mandatory for all owners, regardless of the actual residence of each.

Such obligations include:

•  payments for utilities;
•  tax payments;
•  apartment renovation costs.

1. Responsibilities are divided among all owners in proportion to their shares.

Disposition of the owner of his share

Article 209 of the Civil Code of the Russian Federation states that the owner has the right to use his property at will, with the exception of cases that violate current legislation.

The owner of real estate, in accordance with Article 288 of the Civil Code of the Russian Federation and Article 30 of the Housing Code of the Russian Federation, can either independently live in the share allocated to him or rent it out, mortgage it, draw up a deed of gift for it, and also sell it.

But such unhindered exercise of his rights by the owner is limited if there are other homeowners. Since the disposal of property in this situation must be achieved through mutual agreement between the participants in legal relations (clause 1 of Article 246 of the Civil Code of the Russian Federation).

Article 250 of the Civil Code of the Russian Federation (clause 1) regulates the absolute right, when one of the owners of a share is sold, to purchase it by other owners.

This article (clause 2) defines the necessary actions that the owner of the share is obliged to perform when selling it:

• The owner is obliged to send written notice to all owners about the upcoming sale of the apartment, indicating the price of the share and other conditions. The cost and terms of purchase and sale of a share of an apartment should be equal for both owners and third-party buyers.
• The remaining owners are given one month to purchase or renounce it, after which, if any of the owners are not interested, the share can be sold to an outside buyer.

• When a share is transferred to another person through a gift, that is, free of charge, then the norms of Article 250 of the Civil Code of the Russian Federation do not apply to such cases.
• Obstacles from owners: possible solutions
• The following obstacles should be highlighted , due to which the sale of a share may be difficult :

If the owner of one of the shares carried out a sale in violation of the procedure established by law, then the other owners have the right to file a lawsuit within three months.

• It was not possible to reach a mutual agreement with all owners. For one reason or another, they did not take advantage or relinquish the advantage in acquiring the share. There are often examples when owners, knowingly not wanting to approve a transaction, avoid reading the notice in every possible way. Is it possible to sell in this case? In order to avoid unlawful actions on the part of other owners, a proposal for an upcoming transaction should be sent by mail with notification. Refusal to accept such a letter will be recorded by a postal service employee and will be sufficient confirmation of compliance by the owner selling the property with the pre-emptive rights of other owners.
• provision of false consent to the acquisition of a share and the resulting artificial delay in the sale procedure. Acceptance of purchase must be documented.
• the actual place of residence of the owner is unknown and it becomes impossible to notify him: notifications are sent to the sender with the note “the addressee does not live at the specified address.” The actions required from the seller of the share are to confirm that a written notice of sale was sent to the last known address of residence, and also to provide evidence in the form of a certificate from the address bureau or administration about the impossibility of determining the location of the second owner.

1. Waiver of the preemptive right by the owners of shares in the apartment must be submitted in writing and executed by a notary.

To carry out the refusal, it is necessary to agree with your neighbors in the living space on a convenient time for them to go to the notary. There is a fee for documenting the refusal, usually paid by the owner who sells his share.

The most optimal and at the same time expensive way to notify owners who do not want to visit a notary on their own and purchase a share is to send notifications by the notary himself.

One of the possible reasons for recognition of the invalidity of a transaction in the future may be incorrect execution of the notice.

What should the notice include?

According to legislative norms, the notice must necessarily contain:

•  offer (proposal);
•  offer price in rubles;
•  details, including the address of the property;
•  size of the share being sold.

One of the share owners is a minor

The decisive factor here will be the decision of the guardianship authorities, which in most cases recognize that the sale of one of the shares may infringe on the rights of the child and thereby refuse to carry out the sale.

Circumventive schemes and sham transactions

Some sellers, wanting to sell their share quickly, use imaginary transactions, covering the actual ones with a sham. In fact, such a transaction is considered void. The court may invalidate it if there is significant evidence to support this.

Fictitious transactions include:

• Representation of purchase and sale as a transaction with a gift. This option is carried out by issuing a deed of gift with the subsequent transfer of funds from the buyer to the seller.

If the seller and the buyer are not closely related, then the latter will have to pay a significant tax (13% personal income tax for residents of the Russian Federation and 30% for non-residents of the Russian Federation (Article 224 of the Tax Code of the Russian Federation)).

• Donate a small part of the share to the intended buyer, and subsequently provide him with preemptive rights as one of the legal owners.

If several owners have expressed their right to preferential purchase of a share, then the owner selling it can independently choose which of the applicants to give his preference.

• The share can be represented by the object of the pledge. And if its obligations are not fulfilled, it will be transferred from the “debtor” to the buyer.

• There is a scheme according to which, using the provisions of Article 252 of the Civil Code of the Russian Federation, the owner has the right to demand monetary compensation if it is impossible to allocate a share to him due to its insignificant size.

In an effort to complete the purchase and sale transaction of their share as quickly as possible, some participants resort to dishonest and, most importantly, illegal methods. Breaking the law can lead to unpleasant legal consequences.

To avoid this, it is better to comply with current legislation, seek help from qualified specialists and prove your right to sell your share.

We also recommend watching a video in which a lawyer explains how to sell a share in an apartment without the consent of other owners.

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Is it possible to sell a share in an apartment without the consent of the second owner in 2023

Is it possible to sell a share in an apartment without the consent of the second owner? How are such transactions regulated by current legislation? What are the nuances of the purchase and sale agreement and registration of the transaction? The answers follow.

When is it possible and when is it not?

Selling a share in an apartment or other real estate property is associated with a number of difficulties, since the pre-emptive right to purchase belongs to other property owners.

However, in practice it is possible to solve the problem in other ways. How can you sell a share in an apartment without the consent of the second owner?

There are the following schemes for the sale of shared property:

• registration of a purchase and sale transaction using a gift agreement, which does not require the consent of the co-owners. At its core, a donation is a gratuitous transaction, and if it is proven in court that the donee has paid any part of the funds to the donor, the transaction will be declared void;
• The seller, under a gift agreement, transfers a small part of his share in the apartment to the potential buyer and then sells the remainder according to the general rules for concluding similar transactions. The current legislation establishes that if several shareholders have expressed a desire to buy out a share in an apartment, the seller has the right to independently choose a buyer, which is what some unscrupulous citizens take advantage of;
• registration of collateral. A potential buyer issues a loan to the seller secured by the share owned by the seller. After a certain period of time, the buyer withdraws the share, since the seller does not pay the loan obligations.

If there is an evidence base, a purchase and sale transaction executed according to one of the proposed schemes can be challenged in court and, as a rule, the court will recognize the purchase and sale agreement as void.

As stated in the law

To understand in more detail the issue of selling a share in an apartment by one of the owners, it is necessary to study the current legislation.

Purchase and sale transactions are regulated by:

• Civil Code of the Russian Federation;
• Federal Law No. 218, in accordance with which the right of ownership of shared property is re-registered.

In accordance with Article 244 of the Civil Code of the Russian Federation, common (shared) property is property owned by two or more persons. The size of the share is determined by the title documents, and in the absence of distribution, the shares are considered equal (Article 245 of the Civil Code of the Russian Federation).

The owner of a share can, at his own discretion, dispose of the property owned by him: sell, donate, bequeath, pledge, and so on (Article 246 of the Civil Code of the Russian Federation).

When selling a share of property, it should be taken into account that shareholders have a pre-emptive right to purchase (Article 250 of the Civil Code of the Russian Federation).

Federal Law No. 218 establishes that in order to conclude a contract for the sale and purchase of a share of an apartment to third parties, it is necessary to prepare the consent of all co-owners or a notice of refusal of pre-emptive purchase.

Purchasing advantage

In order for a contract for the sale and purchase of a share of an apartment to have full legal force and be registered with the Rosreestr authorities, it is necessary to respect the right of co-owners to preemptively purchase real estate.

To do this, it is necessary to notify all owners about the upcoming transaction for the sale of part of the real estate by sending the appropriate document - a notification, which indicates:

• the value of the share for which the sale is expected;
• other essential terms of the transaction, for example, the possibility of providing payment in installments for a certain period of time.

Notification is sent in writing. To avoid any misunderstandings, it is more advisable to send the notification by registered mail with a stamp of delivery to the addressee.

From the date of receipt of the notification, shareholders have 30 days to make a decision. If there is no response from the co-owners within the specified period, then it is considered that all shareholders agree with the alienation of part of the common property.

Rights of minors

The process of selling a share of an apartment can be significantly complicated if one of the shareholders (seller) is a minor citizen.

Transactions with real estate in the presence of minor owners are carried out only with permission issued by the guardianship authorities.

A permit to sell in the case of a minor as a co-owner is issued only if the living conditions of the minor citizen are improved.

A sales permit, if a minor acts as a seller, may be issued subject to the following conditions:

• a minor citizen must be discharged from the apartment to another premises suitable for living;
• the rights of the child have not been violated;
• the share is sold in order to improve living conditions;
• in a new apartment (private house), the child will also own a share, and in an equal or greater amount.

Nuances of drawing up and registering an agreement

The sale of a share in an apartment is carried out by concluding an appropriate agreement. The parties to the agreement are the seller (owner of the share) and the buyer.

The subject of the agreement is a share of a certain amount in an apartment located at a specific address.

The document must also reflect the following circumstances:

• full details of the parties to the agreement. If the seller/buyer is an individual, then the full name, date of birth, residential address and passport details are indicated. If one of the parties is a legal entity, then it is required to indicate the name and form of the organization, TIN, and location address;
• address of the apartment and size of the share;
• details of the document that is proof of ownership of the shares;
• the value of a share of real estate;
• settlement procedure;
• procedure for transfer of property;
• list of citizens registered in the apartment;
• rights and obligations of the parties;
• liability of the parties;
• settlement of disputes;
• signatures.

The agreement must be drawn up in writing. If desired, the document can be certified by a notary.

In accordance with Article 551 of the Civil Code of the Russian Federation, a contract for the sale and purchase of any real estate object, including shares, must be registered with government agencies (in this situation, with the bodies of Rosreestr).

DOWNLOADAgreement for the sale and purchase of a share in an apartment

To register a transaction you must:

• draw up and sign an agreement for the sale of shares;
• draw up and sign a deed of transfer confirming the transfer of real estate to the seller;
• confirm the agreement with a package of documents, which includes: passports of the parties, title documents, consent of the owners to the alienation of the share, consent of the spouse if the share of the apartment was acquired in a legal marriage, consent of the guardianship authorities in the presence of minors, and so on;
• pay the state fee. In accordance with Article 333 of the Tax Code, the state duty for registering a real estate property is 2,000 rubles. When registering the transfer of ownership of a share, the amount of the fee is determined in accordance with the size of the share. For example, the seller alienates ½ of the apartment. Consequently, you will have to pay ½ of the established fee, that is, 1,000 rubles.

All documents are submitted to the registration authority directly at the regional division of Rosreestr or through a multifunctional center.

Transaction procedure

So, the procedure for concluding a transaction for the sale of a share in an apartment is as follows:

• searching for a potential buyer and determining the value of a share of real estate;
• obtaining an agreement between shareholders or sending a notice of sale of property indicating the value of the share;
• waiting for a response from co-owners;
• preparation of a package of documents;
• signing an agreement and an act of acceptance and transfer of part of the real estate;
• registration of the agreement;
• obtaining documents confirming the transaction. Such documents for the seller are a copy of the purchase and sale agreement and the transfer and acceptance certificate, certified by employees of the registration authority, and for the buyer, copies of these documents and an extract from the Unified State Register confirming ownership.

The procedure for selling a share in an apartment to a new owner

According to Russian law, an apartment may not be individually owned, but may be in common shared ownership. At the same time, selling a share in an apartment to another owner is often the most acceptable solution for the owner of a smaller part of the residential premises.

What is shared ownership? 

Property is divided into individual and common. The sole owner disposes of his property as he wants, but within the framework of the law. He does not need to coordinate his actions, such as donation, sale, rental, with other persons.

With common ownership the situation is different. The Civil Code of the Russian Federation divides common property into joint and shared property.

Each type of common property has its own restrictions. Below we will look at the restrictions on the rights of a shared owner.

• For each action of the owner of a part of the property, there is a separate procedure for implementation.
• The alienation of part of an apartment for compensation, as well as its rental, will necessarily require the consent of other owners; in 2023, the legislation has not changed anything in this matter.
• But donation can be made without the consent of the co-owners.

What documents will be required when alienating a share in an apartment to another owner?

To sell part of the same apartment to another owner, you will need to provide the following documents:

1. A document confirming the identity of the owner of the share.

1. Identification document of the purchaser (that is, co-owner of the residential premises).
2. Legal documents.

   These include: a certificate of ownership, an agreement or other document on the basis of which the owner’s rights arose, a certificate of allocation of a share if the property was initially joint.

IMPORTANT !!! The documents must indicate the size of the entire residential premises, as well as the alienated share.

1. A preliminary agreement, where the co-owners decide on the price of the property, the amount of the deposit and other problematic issues. Although this agreement is not binding, it is entirely at the discretion of the parties to the purchase and sale transaction.

1. Extract from the house register. This is a standard document provided for any real estate purchase and sale transaction. In the situation under consideration, it is less relevant, since the buyer, as a rule, is aware of the persons registered in the apartment, because he is the owner of its second share.

1. In any such transaction, a certificate from the Bureau of Technical Inventory on the assessment of housing (book value) becomes mandatory. It is indicated both for the apartment as a whole and for the part being sold.
2. A certificate from the management company indicating that the shareholder has no debts for housing and communal services.
3. A share in an apartment can be not only individually owned, but also jointly owned by spouses. Then the co-owner spouse must formalize his consent notarized. Without the consent of the second spouse, the transaction may be declared invalid.

1. If a minor is registered in the apartment, then it is imperative to obtain the consent of the guardianship and trusteeship authorities for this transaction. This is one of the most problematic aspects, since guardianship and trusteeship authorities strictly defend the rights of minors. Therefore, it will be necessary to prove that the children’s living conditions have not worsened in any way from the sale of the share in the apartment.
2. Technical and cadastral passports.
3. If there are more than two co-owners of the apartment, then the other co-owners will also need to refuse to purchase part of the residential premises. If such refusal is not provided, documents confirming that the procedure for proper notification of co-owners has been followed.

What are the step-by-step instructions for buying and selling a share in an apartment to another owner?

In order to know how the alienation of a share to a co-owner occurs, you must adhere to the following sequence of actions:

1. Notification of co-owners of the desire to sell part of the common property.
2. Formation of the price for the property and discussion of other terms of the transaction with the potential purchaser.

   In relation to the sale of a share in an apartment to another owner, it does not matter what is done first - notifying the co-owners or determining the terms of the transaction with the potential buyer.

ATTENTION !!! Even if other owners express a desire to buy a share, it will still be sold to the co-owner with whom the owner of the alienated part initially agreed. But if the buyer is an outsider, then the agreement with him will lose force if one of the co-owners expresses a desire to purchase a share.  

1. Conclusion of the transaction and its notarization.
2. Submission of documents for registration of the transaction.
3. Payment of applicable taxes.

This step-by-step instruction is the most general, recommended for all such transactions.

How does the owner of a share inform the co-owners of his desire to sell his share?

Having decided to sell part of the residential premises, the owner must notify the co-owners about this. Each owner receives his own notice. In practice, three methods of such notification of alienation are used.

In the first case, the seller simply delivers the notices personally to other owners of the premises. In return, they provide a handwritten receipt of the message. This method only works if the relationship is good.

The next method that equity holders often use is sending by registered mail with an attached receipt receipt and a description of the attachment. It also has its drawbacks: the letter may not reach the recipient, or the recipient may refuse to receive it.

The most reliable is a notarized notice of sale of a share. In this case, the owner shifts his notification responsibilities to the notary. The service is paid.

The notary, having taken all measures to notify all other owners of the sale, will issue one of two certificates: either that the co-owners have been properly notified (if they have received the message), or that all possible measures have been taken to notify them.

ATTENTION !!! In any case, this will guarantee the absence of claims against the seller, but only after 30 days have passed after the co-owner receives the notification. After this period, the seller is free to dispose of his share as he wishes. If the other owners clearly refused, then the transaction can be completed earlier.

The text of the notification indicates the personal data of the seller, the address and cadastral number of the apartment, the size of the share and its value, details of the registration certificate for the property, the offer to purchase the share made in accordance with Article 250 of the Civil Code of the Russian Federation. The message can be handwritten or printed.

If the proper notification procedure is not followed, the co-owners can protest the transaction in court. The deadline for filing a claim is three months from the day the transaction became known.

What is the procedure for agreeing on the terms of an upcoming purchase and sale transaction?

After proper notification, if one of the owners has expressed a desire to acquire the alienated share, they proceed directly to discussing the upcoming transaction. The owner of the share must determine its price.

Most often, they do it simply - the market value of the entire apartment is taken as a basis. Then either divide the total price of the apartment by the number of square meters of its area and get the cost of one meter.

Or they determine the cost of the share as a percentage of the total price of the apartment.

The cost of the share in the apartment and the procedure for its payment are fixed in the preliminary agreement between the seller and the buyer. 

How does the transaction of purchase and sale of a share in an apartment and its notarization take place?

The purchase and sale agreement can be drawn up either by the seller himself or, on his behalf, by a qualified real estate lawyer. This agreement can also be drawn up by a notary (for a fee). There must be three copies of the agreement (for the seller, the buyer and the notary). Their legal force is the same.

The new law regarding the circulation of real estate provides for the mandatory alienation of a share in an apartment through a notary of the subject of the Russian Federation in whose territory it is located.

The fee for notary services depends on the presence of a family connection, as well as on the amount of the transaction. When alienating a share to a relative (child, spouse or parent), the payment will be 0.2% of the price of the part sold plus 3,000 rubles (if the share costs no more than 10,000,000 rubles).

If the amount exceeds 10,000,000, then the fee will be 0.1% of the transaction amount and another 23,000 rubles, while the total payment amount should not exceed 50,000 rubles. For a distant relative (or even a stranger) with a transaction price not exceeding 1,000,000 rubles, the tariff will be 0.4% of the share price plus 3,000 rubles.

From 1,000,000 to 10,000,000 – 0.2% of the transaction price and another 7,000 rubles. More than 10,000,000 – 0.1 of the transaction amount and 25,000 rubles, but not more than 100,000 rubles.

The notary is provided with the above package of documents (in originals). If the seller (buyer) cannot be personally present at the notarization of the transaction, he can issue a power of attorney to another person. It should be remembered that if the condition of proper notification of the co-owners is not met, the notary will not certify the transaction.

What is the procedure for registering a transaction in Rosreestr?

The procedure for registering a transaction for the alienation of a share in an apartment is no different from registering an entire apartment.

The package of documents provided is the same: identity cards of the parties to the transaction, an application, the purchase and sale agreement itself, already certified by a notary, title documents for the apartment, cadastral documents, a receipt for payment of the fee for registration actions. The amount of the fee is exactly the same as when registering a transaction with an entire apartment - 2000 rubles.

IMPORTANT !!! It is also necessary to add documents confirming proper notification of the co-owners and their refusal of the pre-emptive right to purchase (if, in addition to the co-owner acquiring the share, there are other owners; if there are none, then the above documents are not provided).

But now documents for registration are accepted only by MFCs, of which there are more and more.

If it is not possible to handle the registration yourself, then this responsibility can be transferred to a notary for an additional fee (about 1000 rubles). This is a fairly common service now.   

As a general rule, the registration period should not exceed three working days, but in practice it is almost never observed.

What taxes are paid when buying and selling a share in an apartment?

When selling a share in an apartment to another owner, the standard personal income tax is paid, set at 13% of the transaction price.

The owner who has owned this share for more than three years and whose price does not exceed the cost of purchasing part of the apartment is exempt from tax.

Also, a transaction for the alienation of a share of an apartment worth less than 1,000,000 rubles is not subject to tax. 

Compliance with the above instructions for alienating a share of an apartment to another owner will help avoid possible problems associated with concluding such a transaction.

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08.04.2018

The ability to sell a share on the terms fixed in the agreement directly depends on compliance with the procedure for notifying the remaining shareholders, as well as the outcome of this procedure. Violation of the rule on mandatory notification may result in the transaction being declared invalid at the request of an interested party.

Sale of a share in an apartment: procedure, agreement, sale with a minor’s share, what has changed by 2023

1. Deed of gift. You can donate a share to a private person, having previously agreed with him to pay for the property using a regular receipt. There is a risk of being deceived, and neighbors may challenge such a deal in court.
2. Overpricing.

   In this case, the purchase and sale agreement must contain the “official” price. Settlements with buyers are made at the previously agreed upon cost.

3. Pledge. The seller takes out a loan by mortgaging his part of the apartment. Next, a compensation agreement is signed, and the borrower takes possession of the property.

   The pledge of property must be registered.

How to sell a share in an apartment in 2023? Step-by-step instruction

You can only sell an allocated share - one that is clearly defined in the total mass of shares and which can be valued. In practice, the owner always has to resort to the allocation of shared ownership in kind, i.e.

determining which and how many premises are included in this share. It is believed that the allocation of shares should occur by mutual agreement of the owners. Otherwise, the court will resolve the issue.

As soon as the seller receives the documents on ownership of the allocated share, he can freely draw up a purchase and sale agreement.

Juris Info

If you decide to sell your share of living space, you should know that you can only dispose of the officially allocated share, which is possible to evaluate.

As a rule, this issue is resolved between the owners. But they cannot always divide wisely and fairly.

Then the case is resolved in court, and based on the decision and the documents provided for the share, the citizen can dispose of his property.

New rules for selling a share in an apartment

The procedure for selling a share in an apartment is today considered a complex real estate transaction. The main condition is the privatization of housing. A privatized apartment may have several owners and they will not always be relatives to each other.

An obstacle to the implementation of this procedure may be the disagreement of neighbors to the registration of an outsider in the apartment or a statement of the pre-emptive right to purchase by one of the residents.

If the last point is not observed, the share owner infringed on his rights can protect his interests through the court.

Is it possible to sell a share in an apartment without the consent of the second owner?

The court will comprehensively study all the materials of the case and make a decision by comparing the accompanying circumstances. The size of shares in each person’s property is also taken into account.

As a result, the court may oblige the dissenting co-owner to sell his share to another, if he has the financial capacity to do so.

But, if he lives in this apartment permanently, then even the court cannot force him to sell his share.

How to sell a share in an apartment to a third party without the consent of the second owner

• The first step: drawing up a purchase and sale agreement to a third party. The contract must include information about both parties to the transaction, detailed information about the living space and its cost. If part of the house is transferred as common property, the text of the contract must also include information about the rights of third parties to the home, since without the consent of the second owner or several owners, the transaction is concluded with an additional procedure;
• Second step: visit a notary. The law establishes that transactions on the alienation of part of real estate are subject to notarization;
• Third step: draw up a transfer deed. A transfer document is required to confirm the transfer of ownership from the seller to the new owner;
• Fourth step: register ownership of the living space. Changes are registered in Rosreestr or in the MFC. The procedure includes payment of tax and state duty of 2 thousand rubles.

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How to sell an apartment in shared ownership

If borrowed bank funds are used to purchase shared ownership, it is important to understand that not every property will be approved by the bank. The financial institution is primarily interested in the liquidity of the living space and how quickly the property is sold (if the borrower does not pay under the mortgage loan agreement).

Sale of a share in an apartment: procedure, conditions, documents

The opportunity to sell part of the apartment corresponding to the owner’s share leads to many conflicts and abuses. There are several bills in the State Duma’s “bins” designed to restore order in the share market.

One of them belongs to a group of United Russia deputies led by Pavel Krasheninnikov. They, in particular, propose to limit the purchase and sale of microshares - less than the regional accounting norm.

The document also introduces a serious restriction on the move-in of 3 persons into a living space divided between several co-owners.

Sale of a share of an apartment in shared ownership in 2023-2023

“Transactions involving the sale of shares in common property are an area where violations often occur.

For example, an unscrupulous buyer acquires a small share in an apartment and receives the right to live in it, after which he creates unbearable living conditions for neighbors in order to force them to sell their shares at a price below the market price (or force them to buy their share at a high price).

All these frauds will be revealed when the transaction is registered by a notary,” says managing partner of Metrium Group Maria Litinetskaya. If the introduced legislative norm concerned only these cases, it would only have advantages.

Sale of a share in the apartment to the second owner in 2023 Link to main publication

How to sell a share of an apartment without the consent of the second owner

The share in the apartment is allocated in kind (a separate room or several rooms), or, if the owners have not found a compromise, through the court, which resorts to simple arithmetic operations: ½ - divides the total area by 2; 1/3 – divides by 3, etc. Thus, if in a one-room apartment with an area of ​​40 sq.m. If a share of ½ is allocated, then the applicant of the procedure will receive the right to further sale of 20 sq. m. of housing.

Is it possible to sell a share in an apartment without the consent of other owners?

Selling a share in an apartment without the consent of other owners requires strict compliance with the requirements established in the Civil Code of the Russian Federation. Moreover, under certain conditions, the seller will have to formalize the alienation of the share in favor of other home owners. In the presented material you can find out the grounds and procedure for selling a share in the absence of the consent of other owners.

Is it possible to sell a share in an apartment without the consent of the second owner?

Approximately the same situation arose in the cooperative housing stock, however, in it the co-owners shared not an apartment, but shared savings. With the beginning of the privatization of apartments after the collapse of the USSR, the same problem migrated to the former state housing stock.

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Can an apartment be sold without the consent of those who have a share?

It would seem that a very effective way is to set a price of five million for part of the apartment, the red price for which is no more than a million. Any co-owner will refuse. But the fact is that this amount will have to be declared by a notary, and a state fee will have to be paid from the same amount.

How to sell a share in an apartment? Legal advice: how to sell a share in a privatized apartment

If a minor is registered in the apartment, then it all depends on whether he is the owner of the property or not.

If a share belonging to him is put up for sale, then in order for it to be sold, he will have to obtain permission from the guardianship and guardianship authorities.

In all other cases, the same pre-sale preparation is carried out. However, the purchase offer is not sent to the child, but to his parents or guardians.

When selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have the pre-emptive right to purchase the share being sold at the price for which it is sold, and on other equal conditions, except in the case of a sale at public auction, as well as cases of sale of a share in the right of common ownership of land plot by the owner of a part of a building or structure located on such a land plot or by the owner of premises in the specified building or structure.

Is it possible to sell a share in an apartment without the consent of other owners?

In practice, situations quite often arise in which there is no address information for the co-owner of the property. How then to prove that he was sent a corresponding offer to purchase a share of housing? It seems that the solution is quite logical - you should send a letter to the address details of the property being sold. Legally, this should not raise any questions.

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Is it possible to sell your share in an apartment without the consent of the second owner?

If the shares were determined earlier, for example, when registering a gift deed with a notary or receiving an inheritance, then there is no need to take any additional actions before the sale.

But if there is common ownership without defining shares, then this is usually the cause of a headache.

The fact is that you cannot sell something that does not exist, at least in arithmetic terms, because participation in joint property is very ephemeral in economic terms, since it is of a legal and not a material nature.

How to sell a share in an apartment without the consent of other owners

The most common way to deal with this situation is to formalize a gift instead of a purchase and sale agreement for the buyer.

But it is better for you not to go this way, because in this situation there is a very high risk that this transaction may be declared invalid in court, due to pretense, and it is unlikely that there will be a buyer who will agree to draw up a gift agreement instead of a purchase and sale agreement.

Does the owner of part of the apartment have the right to sell his share without the consent of the second owner?

When selling a share, the second owner has the preemptive right to purchase the share being sold at the same price and on the same basis on which the share will be sold to third parties.

An offer to purchase a share is sent to the second owner by registered mail with notification, or through a notary.

In case of non-compliance with the conditions of the pre-emptive right of purchase, the second owner may apply to the court with an application to transfer the rights of the buyer to him within a month when he learned of his violated right.