How to find out if there is a share in a privatized apartment, how to find out what share in the apartment belongs to me

An apartment in Russia can be either in common or shared ownership. The presence of several owners complicates the procedure for disposing of property.

How can you find out the owners' shares in an apartment in 2023 in the Russian Federation? When making transactions involving the alienation of shared real estate, it is necessary to know who the legal owner of the property is.

This is especially true when buying and selling residential real estate. How can you find out about the owner’s share in an apartment in the Russian Federation in 2023?

What you need to know

All apartments in Russia are divided into two categories - private and public. And if the latter always have one owner, the state or municipal authorities, then private housing can have as many owners as desired.

This affects the ability to dispose of housing. In particular, to sell a share, it is necessary to obtain the consent of all owners.

According to the law, the owner of a share has the right to dispose of his property at his own discretion, but in compliance with the interests of the co-owners.

Therefore, when selling, the share is first offered for redemption to the remaining owners and only in case of their refusal is it sold to third parties. Without the consent of the other owners, the share can only be donated or left as an inheritance.

Buying a share of an apartment is attractive for citizens who do not have enough funds to purchase separate housing.

But at the same time, buyers do not always think about how ownership of the acquired share will develop in the future. Perhaps the share was sold because it is simply impossible to live with the co-owners.

And if the share was sold without notifying the co-owners, then there is a high probability of challenging and canceling the transaction through the court.

The need to check who owns shares in an apartment may arise in other situations. Knowing where to go, finding out information about homeowners will not be difficult.

Definitions

A share in an apartment, in accordance with the Civil Code of the Russian Federation, is part of the property owned by common ownership by two or more owners. It is worth distinguishing between joint and shared ownership.

If an apartment belongs to several owners, but shares in it are not allocated, such an object is joint property.

When disposing of such property, a transaction will be required on behalf of all owners. It will not be possible to sell, donate, or inherit part of such an apartment because the share is not clearly defined.

An example of joint ownership is a common apartment of spouses, in which shares are not allocated. The privatized apartment is also common until the shares are allocated.

When an apartment is officially divided into shares and the relevant information is entered into the state register, it is a common shared property.

The owner of the allocated share has the right to dispose of his property, respecting the interests of the remaining owners.

Another important point is that the share can be allocated in kind or as a percentage. The allocation of a share in kind is possible when a separate entrance can be organized for each individual share.

In relation to an apartment, this option is rarely feasible, and the share is determined as a percentage. In the real estate register this is expressed as 1/2, 1/3, etc.

The owners' shares in the apartment may not be equal. In this case, the owners can, by mutual agreement, divide the area or go to court to determine the size of the shares.

Why might such information be needed?

Why does the buyer of an apartment need to know all its owners? The main reason is that the apartment or its share can be sold without the consent of other owners or in violation of the interests of the owners.

For the new owner, this can result in serious difficulties. For example:

The share belongs to a minor To sell a child's share, it is necessary to obtain the consent of the guardianship authorities. Permission is given only if the child is provided with similar or better living space. Selling a child’s share without the consent of the guardianship authorities may lead to the cancellation of the transaction
The share belongs to an incapacitated person By law, all home owners are present during the registration of the purchase and sale agreement in person or their interests are represented by a legal representative. If the transaction was made with the participation of an elderly relative (by proxy), then there is a possibility of challenging the transaction later due to the incapacity of the owner
The share belongs to the person staying in prison According to the law, such a citizen can be temporarily discharged, and the extract from the house register will not contain information about him. But registration or lack thereof does not affect ownership. After serving a sentence, a citizen has the right to challenge the transaction

You may also need to find out about the owners’ shares in an apartment when a person doubts the existence of his share.

For example, at the time when housing was privatized, a citizen was a child and, upon reaching adulthood, is not sure whether he has the right to claim part of the apartment.

Current standards

According to Article 244 of the Civil Code of the Russian Federation, any property, including real estate, owned by two or more persons is in common ownership.

If the share of each person is clearly defined and officially registered, there is shared ownership.

In this case, the owner can dispose of his share only with the consent of the remaining owners (with the exception of donations and wills).

According to Article 250 of the Civil Code of the Russian Federation, owners of shared ownership have the right of first refusal to purchase a share of the property.

Refusal to purchase is expressed by a refusal in notarial form or a notarized notice confirming the notification of the owner about the upcoming sale (if there is no response to the offer within 30 days).

The notice clearly states the description of the share in a particular apartment, the offer to purchase and the price of the share.

The notice can be served in person in the presence of witnesses or sent by registered mail with acknowledgment. To avoid challenging the transaction, it is advisable to draw up a notice with the help of a lawyer.

Procedure

According to Federal Law No. 250 of July 23, 2013, any interested citizen of the Russian Federation has the right to obtain information about homeowners.

There are quite a lot of ways to do this. But some of them can only be used by the direct owner.

For example, an apartment owner wants to receive an official document listing all homeowners.

He can contact the BTI and order the appropriate certificate. Third parties can obtain information only through a judicial or notarial request.

You can find out about the owners of the apartment from the Unified Housing Document (UZD). This document contains an extract from the house register and other important information about the apartment.

You can obtain a Unified Housing Document at the MFC or at the Unified Information and Settlement Center (EIRC) at your place of residence. But only the owner or a registered citizen can submit a request.

However, there are ways to verify the ownership of housing that are available to any adult citizen.

What data may be needed

When requesting information about the owners' shares in an apartment, first of all, a clear identification of the property will be required.

To do this you will need to specify:

  • object type (apartment);
  • cadastral/conventional number;
  • apartment address.

You will also need to provide the information necessary to receive a response:

E-mail address To receive a response electronically
Registration address Upon receipt of a response in writing by mail

It is mandatory to indicate your full name. the applicant and his passport details.

Although the law allows interested parties to obtain information about owners, when issuing information it is necessary to record when and to whom the data was provided.

Where can I watch it?

In order to obtain information about the owners’ shares in the apartment, it is not necessary to personally visit authorized authorities. All necessary information can be requested online.

However, you need to take into account that there are quite a lot of resources on the Internet that provide such information.

Most of these sites allow you to find out information about the owners of an apartment for a small (or large) fee. But the source of information is important.

Information may be requested through official databases, or may be provided from stored databases with outdated information.

In order to obtain truly up-to-date information, you should contact primary sources or resources that work directly with official information.

Extract from the Unified State Register of Real Estate

There are several ways to obtain an extract from the Unified State Register:

  • upon personal contact with Rosreestr;
  • in the MFC;
  • in paper form by regular mail;
  • in electronic form to an email address.

The required document is called “Extract from the Unified State Register of Real Estate on the main characteristics and registered rights to the property.”

The document is provided for a fee. If the applicant is an individual, then in 2023 the cost of an extract of rights to the object will be:

400 rubles For providing a paper document
250 rubles For issuing an extract in electronic form

In case of personal application, the applicant will need to have a passport proving his identity and have all the necessary information regarding the identification of the object of interest.

In this case, an extract is provided immediately upon application. You can find out what an extract from the Unified State Register looks like by studying a sample document here:

When sending documents by registered mail with notification, you must prepare an application for an extract and a copy of the applicant’s passport. Documents must be notarized.

The response will be provided by mail, but please note that the information will be current as of the date the response was sent. In a few days, information about an apartment can change dramatically.

Official website of Rosreestr

The fastest way to obtain up-to-date information is to order an extract online. To do this, you need to visit the Rosreestr website, the section for providing services in electronic form.

The online application form contains all the necessary information about the apartment and the applicant.

For your information! The Rosreestr website provides an opportunity to obtain reference information on real estate properties. You can enter the address of the apartment and click on “Generate a request”.

On the page that opens, you can see basic information, in particular, whether the apartment is privately owned or is public housing, what is its cadastral value.

Video: how you can legally deprive the owner of a share in an apartment

But information about specific owners is not indicated. Therefore, the only option for obtaining the necessary information is to order an extract from the Unified State Register of Real Estate.

Order an extract on Whotam about

The Ktotam.pro service is one of the few resources that work directly with the official Rosreestr databases. You can order a regular and extended statement here.

To do this, you just need to fill out the application form and pay the state fee. It is noteworthy that the cost of the service is only 250 rubles, the same as when applying for an extract through the Rosreestr website.

The step-by-step instructions for ordering an extract from the Unified State Register look like this:

  • go to the Whotam about service.
  • indicate the region, locality and apartment address and click “Find”.

  • in the window that opens, check that the address is correct and click “Select object.” If the information is missing, the address may be incorrect. Also, the USRN database does not record data on objects registered before 1998-2000.

  • select “Extract from the Unified State Register of Real Estate – 250 rubles”, click “Next”.

  • enter the email address to which the response will be sent, click “Next”.

  • select the payment method (bank card, terminal, mobile phone balance, Qiwi, e-wallet), click “Pay” and make the payment.

  • Log in to your email, find an email from [email protected] . It will contain the password and login for your personal account on the service. Also in the letter there will be a link “Activate your personal account”, follow it.

  • Using your password and login, log in to your personal account.

  • Find the “My Statements” section, here you can see the status of your order.

  • The finished statement can be downloaded from your personal account. To do this, we find the required document in the section with extracts. The button in the middle allows you to download the document in .html format. The button on the right with a printer icon allows you to print a statement. And the button on the left is intended for downloading the original extract file with the electronic digital signature of the registrar.
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  • You can also download the statement in a letter that will be sent to you by e-mail. It usually takes 30-40 minutes to process the application.

How to check the former owners of an apartment

But it is not enough to obtain information about the owners of shares in the apartment. This does not guarantee that no one will lay claim to the apartment in the future.

  • For example, an illegally discharged minor child upon reaching adulthood can claim a share of the living space.
  • At the time of the sale, the former owner could have been undergoing long-term treatment, in prison, or in another country.
  • If for some reason the owner was illegally evicted from the apartment, and the apartment was sold without his participation, he will be able to challenge the transaction.

It may well happen that the previous owner purchased the property in violation of the law.

Therefore, it is very important to know who was the owner of the apartment and on what basis they lost this right. How to find out the former owners of an apartment?

To obtain the necessary information, you can request an archival extract from the house register, which is issued at the housing office or passport office. Such an extract is issued only to home owners or registered citizens.

  1. From the archived extract, you can find out the “history” of the apartment - data on all residents who have ever been registered in the apartment since its commissioning, including indicating the reasons for leaving (extract, retirement, death).
  2. Such information is important because the interests of stakeholders may not have been taken into account during the privatization of housing.
  3. To obtain information about the details of the transfer of ownership of an apartment, you can order an extract from the Unified State Register on the contents of title documents or an extract from the Unified State Register on the transfer of rights to the property on the Rosreestr website.

Finding out about the owner's share in an apartment in Russia in 2023 is not difficult. You can do this online, without leaving your home.

But you should remember that the data in the registry can change within a few days. Therefore, you need to obtain the necessary information immediately at the time the information is relevant.

Attention!

  • Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
  • All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

An online way to find out the former owners of an apartment

Article updated: August 29, 2023

Hello. Thanks to my article, you will be able to find out the former owners of the apartment online, but only their full name without passport data.

Passport data belongs to the category of personal data, therefore it is prohibited to distribute and use it without the permission of the subject - clause 1 of Art. 3 and paragraph 2 of Art.

6 of the Federal Law “On Personal Data”.

Is it possible for free

No, and here's why - Rosreestr stores various information about real estate in the Unified State Register of Real Estate (USRN). This information contains the names of the previous and current owners of this or that property. According to Art.

63 of the Law on Registration, a free request to the Unified State Register can only be made by law enforcement officers, prosecutors, bailiffs, notaries, etc. Ordinary citizens can make a paid request and receive an extract from the Unified State Register of Rights on the transfer of rights.

It displays former and current owners.

This is confirmed by the support of Rosreestr:

(to enlarge the picture, click on it)

An extract from the Unified State Register of Real Estate on the transfer of rights to a property will help

In the sample below, look at point No. 2 “Registered”. It lists the owners, their shares in the property, the date and number of state registration of real estate in their name, the date of registration of termination of the right (date of end of ownership). Where can I get an extract?

Sample

(click on the sample to enlarge it)

Rosreestr began its work in 1998, so the extract contains the full names of all previous and current owners from this year. For example, a certain citizen Ivanov sold an apartment to citizen Petrov in 1997. Petrov still owns the apartment to this day.

This means that the extract will contain information only about citizen Petrov, because... the purchase and sale transaction was registered before the start of Rosreestr’s work. Until 1998, transactions were registered in the BTI and only apartment owners can request information about past owners.

Any person can obtain an extract from the Unified State Register of Real Estate for any real estate in the Russian Federation.

Where can I get an extract?

Statements are available in paper and electronic form. It can be ordered at any branch of Rosreestr or MFC for 400 rubles, production time is 3 working days.

It’s more convenient for me to order an electronic statement, because: 1) it costs only 200-250 rubles, when a paper one is already 400 rubles.

; 2) you don’t need to go anywhere - after payment the statement will be sent by email; 3) easily opens on a computer or phone - no additional programs need to be installed. Can be printed.

I order electronic statements not on the official website of Rosreestr, but in its partner service EGRN.Reestr. Order instructions below. EGRN.Reestr is better than Rosreestr in the following: 1) The cost of the extract is 200 rubles. On the Rosreestr website you will have to pay 250 rubles; 2) The average speed of sending statements is 1 hour. I had to wait an average of 47 hours from the Rosreestr website; 3) The statement will be sent immediately in readable form - you can open it on your computer and phone without any problems. No additional programs are needed. From Rosreestr you will receive an extract in an unreadable .xml format and will have to convert it into a readable form. 4) In the EGRN.Register it is easier to fill out the order fields and there are few of them. The Rosreestr website is inconvenient, there are many fields for ordering and you need to enter your passport data.

The USRN.Register service takes official information from the USRN, and not from any third-party database. An electronic digital signature of the Rosreestr registrar will be sent along with the extract.

Instructions for ordering in the Unified State Register

For clarity, I ordered an extract for an apartment at the address Moscow, st. Vostochnaya, 13. For obvious reasons, I can’t show you the apartment number.

  1. Go to EGRN.Register . Technical support: 8 800 555-28-96 (from 9.00 to 21.00 Moscow time); [email protected] . You can also ask me questions in the comments, but keep in mind that I am not the owner of the service, I only use it in my work.
  2. Enter apartment address (or cadastral number) and click the "Find" button.

    This is what happened to me.

    (click on pictures to enlarge)

  3. From the list, click on the “Details” button opposite the desired apartment .
  4. Scroll down and select “Extract from the USRN on the transfer of rights for 200 rubles.
  5. Enter your email address and click on "Continue" . You can enter a phone number, where you will also receive a notification that the extract is ready.
  6. Select a payment method and pay for your order . It is more convenient for me to pay with a bank card or from a mobile phone number.
  7. A payment confirmation will be sent by email..
  8. When the statement is ready, it will be sent by email..

    The extract can be downloaded both in the letter itself and via the link provided. The extract format will be in PDF and HTML. You can easily open it on your phone/computer using a browser. To download the archive with the source files, select the ZIP archive. It will contain a file in SIG format - this is an electronic digital signature of the Rosreestr registrar.

My statement arrived 1 hour 46 minutes after payment. Looking at it, we can say that until February 15, 2013, the former owner of the apartment was the Moscow municipality. Now the owner is a certain citizen Vypova, who privatized this apartment.

Order instructions on the Rosreestr website

I copied the instructions from this article.

  1. Go to this page of the Rosreestr website.
  2. On the page that opens (picture below):
    1. In the “Property type” field, select the type of property . By default, “Apartment” will be indicated.
    2. In the “Located at” block, fill in the address of the property.

      It is not necessary to indicate the cadastral number. If you need Moscow or St. Petersburg, then enter that in the “Region” field. Next, enter the name of the area (except Moscow). If you need a lane, crossing, highway, etc.

      etc., then in the “Street” field, select the one you need from the drop-down list. On the right, enter only the name. For clarity, I have prepared examples of entering apartment addresses: example No. 1, example No. 2, example No. 3, example No. 4.

    3. Select the form for providing an extract . Available in the form: “Links to an electronic document” - an extract will be sent in electronic form to an email address; “Paper document by post” - receive it at the post office in paper form; “Paper document in the territorial department” - receive in the territorial departments of Rosreestr in paper version.
    4. Enter your receiving address . If you selected: “Links to an electronic document” - enter your email address; “Paper document by post” - enter the postal address; “Paper document in the territorial department” - select the Rosreestr department from the list (not available in all regions). At the time of writing, you can only choose to join a territorial department in Moscow and St. Petersburg. In other regions, a paper statement can only be received by mail.
    5. Enter the characters from the picture (captcha).
    6. Click on “Go to information about the applicant”.
  3. Indicate the type of applicant, your passport details and email address. It is enough to indicate your last name, first name, passport number and date of issue. The rest is optional. When ordering, I select the type of applicant - “individual”, the category of applicant - “other person” and fill in the passport information below. Here is an example of filling.

    Check the box “I agree to the transfer of personal data to Rosreestr” and click on “Proceed to the documents attached to the request” .

  4. Click on “Go to data verification”.
  5. Click on “Send request”.
  6. The request will be registered. The page will indicate the request number that you need to remember.
  7. In a few minutes, a letter about pending payment will be sent to the specified email with the application number and payment code . In the letter, click on the “link” .
  8. On the page that opens, click on the link “Specify payment code” . Your application number should be automatically provided. If not, then drive it in. The application number is indicated in the email. Enter the numbers from the picture and click on the “Check” button .
  9. Click on “Specify payment code”, enter the payment code (indicated in the letter) in the field that appears and click on the “Proceed to payment” button.
  10. Pay for the statement. Please select your payment method below. The cost of a paper statement for individuals, not counting the commission, is 400 rubles, for an electronic one - 250 rubles. For legal entities, a paper one costs 1,100 rubles, and an electronic one costs 700 rubles. The amount of the commission depends on the payment method.
  11. According to the law, within 3 working days (in practice longer) an extract from the Unified State Register will be sent from Rosreestr using the chosen method. Having your Russian passport and order number with you, you can pick up a paper statement at the post office or at the specified territorial department of Rosreestr. If you ordered an electronic statement, it will be sent by email in an unreadable xml format. To convert the xml file of the statement into a readable form and print it, read the instructions at this link.

How to find out your share in a privatized apartment

In the Russian Federation, apartments belong to the state or the owners. In the first case there is always one owner, while in the second there can be many owners. Each of them has their own share of ownership. Owners have the right to dispose of shares, but with restrictions, because the law strictly ensures that the interests of all citizens are respected.

If it is planned to sell a share, each co-owner must give consent. In addition, each owner has a priority right to repurchase; only after their refusal, other citizens can purchase part of the property.

The share can be gifted or inherited, then the consent of the co-owners is not required. The owner himself can find out information about shares if he doubts its availability.

To obtain information, you must request an extract from the Unified State Register, which will indicate all the information on the shares.

Why know the owners' shares?

Users often ask how to find out the shares of apartment owners ? This information is important at the time of action with real estate. Otherwise, buyers may encounter the following difficulties:

  • The owner is a minor. To sell his share, it is necessary to obtain permission from the guardianship authorities. Consent is given only if the minor receives similar or improved housing. Lack of agreement leads to cancellation of the transaction.
  • The owner is incompetent. His legal representative must be present at the transaction. Otherwise, the deal is disputed.
  • The owner is serving his sentence in prison. A citizen who is in prison is discharged from the apartment, but does not cease to be its owner. After returning, he can challenge the deal.

What you need to know about shares

The property is divided between the owners in equal shares. Information on the object as a whole is entered into the register, but with an indication of the share of each owner. An extract from the Unified State Register is issued for the entire apartment or its share.

It is quite possible to sell only part of the property to a third party, but actually doing this is quite difficult. For example, how to sell ¼ of a two-room apartment? The co-owners of the property are unlikely to take this step.

Extract from the Unified State Register of Real Estate

If you are wondering how to find out the shares of apartment owners , then the answer is quite simple. It is necessary to order an extract from the Unified State Register of Real Estate. The register contains all information about real estate in the Russian Federation. Any citizen of the Russian Federation can submit a request.

You can order a document from Rosreestr, through the MFC, on the Rosreestr website or online. The last method is the most accessible and simple. The applicant receives the document electronically and it will only take a few hours. All information about shares is completely true.

The electronic extract from the Unified State Register itself has the same legal force as the paper version.

The extract from the Unified State Register provides the following information:

  • Location of the object, its area and cadastral number;
  • Type of ownership;
  • Information about all owners;
  • Presence of restrictions and encumbrances.

Thanks to an extract from the Unified State Register of Real Estate, you can confirm the size of your share or obtain information about the object. You can order a document on our website using a special form. You are required to provide minimum information about the property and submit your request.

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I am registered in a privatized apartment. My mother transferred the entire apartment to my brother as a gift to him.

Do I have a share or is it too late for me to claim? Privatization was done when we were minors. I was registered when I was underage.

I was told that children are automatically included in privatization, or am I wrong?

Answers

Maltseva Elena Nikolaevna Lawyer

Yes. If at the time of privatization minor children were registered in the privatized apartment.

In order to find out whether you have a share in the apartment, you need to submit a request to the registration chamber to receive an extract from the Unified State Register of Rights (Unified State Register of Rights) about the property you own.

Related questions:

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Where and how to find out whether an apartment is privatized or not? Available ways to obtain data, including via the Internet

How to check whether an apartment is privatized or not through the MFC? Contacting the single window service is an alternative to obtaining information through Rosreestr. This organization is an intermediary between individual structures and citizens, so an extract from the Unified State Register can be obtained through it.

How to find out about the privatization of an apartment at the address? This method of obtaining information is acceptable if there is no need to have an official document. A citizen can contact the settlement and information center . True, the law prohibits providing such information to everyone.

Shared privatization of an apartment - how to allocate your share

  • An agreement on the issuance of a share to the owner and the procedure for using real estate, which is drawn up by all owners of the apartment as a result of agreements. If it was not possible to reach a consensus, a court decision on the relevant case is provided;
  • Photocopy of passports of all owners;
  • Permission from the guardianship authority if the owner has not reached the age of majority;
  • Technical registration documents (BTI technical passport - a document indicating the current technical condition of the property);
  • An application for the issuance of a share of ownership based on an agreement or a court decision, drawn up in accordance with the established template;
  • Receipt for payment of state duty.
  1. Initially, you should discuss the issue of division with all owners of a share of the property, trying to come to an agreement that satisfies everyone. Often this requires some compromise. In cases where it is not possible to reach an agreement, there is only one way to solve the problem - appeal to the judicial authorities;
  2. In addition, it is necessary to discuss the procedure for using the apartment. Questions about common rooms (kitchens, corridors, bathrooms and restrooms) often become controversial and controversial. It is also best to decide immediately on the issue of dividing utility bills. The legislation does not regulate this process in any way. It is fair to divide payments in proportion to the size of the owners' shares: the one who has a larger area of ​​​​real estate must pay more than others;
  3. If among the owners there are children who have not reached the age of majority, it is necessary to contact the guardianship authorities in order to obtain their approval of your agreement, according to which the child is entitled to be allocated a share of the property. The approval of the guardianship authorities is also necessary if you decide to sell a privatized apartment with a minor child. This is done to ensure that the interests of the minor are not infringed;
  4. After which you should contact Rosreestr with all the documents, the list of which was listed above (but it is best to clarify the necessary documents with the Rosreestr authorities), and write an application there according to the existing sample. Every owner must write an application, with the exception of children under 14 years of age.

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How to find out what share in the apartment belongs to me

Hello! This is our 3rd apartment, bought when my father and mother were married. After the divorce, my mother left and didn’t take anything. My father and I are registered in it. I know that when I bought it, my dad privatized 1 room for himself. 2 years ago I privatized it for yourself 1 more room.

I have a document for it. We have two different payment accounts. As far as I know, I have most of it. My father won’t give me the documents. I want to hand over my half myself, but he’s making trouble.

How can I find out what my share is in the apartment? And does my mother have any rights to the apartment?

Finding out whether you own any share in this apartment is simple - with a passport, apartment address and a receipt for payment of the fee (200 rubles), contact any branch of Rosreestre in Moscow, write an application for the provision of information from the Unified State Register and within a week you will receive answer.

How to refuse a share in a privatized apartment

  • permission to carry out the procedure (donation, sale) from other owners, certified by a notary;
  • privatization document;
  • documents confirming ownership (certificate);
  • technical documentation for real estate;
  • an extract from the house register or a certificate of residence of persons who also have a share;
  • documents of the participants in the process;
  • a gift or sale agreement written in any form, but certified by a notary;
  • receipts for payment of state duty in case of sale of a share;
  • application for refusal in free form.

If several people are involved in the privatization process, then in the future this causes a number of inconveniences in the operation of housing. A share in an apartment cannot be rented out, sold, exchanged, or left as collateral with a credit institution. This encourages many citizens to abandon real estate. The legislation makes it possible to refuse at any stage during privatization or in an already privatized apartment.

How is a privatized apartment divided by inheritance and will?

Co-owners should contact a notary and draw up an agreement on the division of joint property.

Since we are considering a specific situation with an inherited privatized apartment, this may be an agreement on the division of an inherited privatized apartment.

This agreement specifies the size of the share of each owner - the shares may be unequal if the co-owners have reached an agreement on this.

If the will does not directly indicate relatives (even the closest ones), they are not called upon to inherit. The exception is for persons entitled to an obligatory share in the inheritance. They are a disabled husband or wife, parents, minor children - they have the right to half of their legal share, even if they were deprived of any share by a will.

How to find out if there is a share in a privatized apartment

My friend's father died 5 years ago. He lived in a municipal one. but a month before his death, all the documents for privatization were collected. The apartment was privatized in my father’s name and everything was taken to the registration office.

When they called from the registration chamber and said that they could pick up the certificate, they could not come on time, because... We were at our father's funeral.

Before his death, my father made a general power of attorney for my older sister so that she could pick up documents from the registration chamber.

1 answer. Moscow Viewed 118 times. Asked 2012-05-01 12:24:39 +0400 in the topic “Other questions” Will it be a violation if a mother is registered for the lack of space? Mom has a share in another privatized apartment. — Will it be a violation if a mother is registered for the lack of space? Mom has a share in another privatized apartment. Further

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Sale of a share in a privatized apartment

Disputes surrounding the sale of shares in an apartment are not uncommon in modern judicial practice. Co-owners, buyers, as well as third parties whose rights have been violated can challenge transactions. A sale and purchase formalized by an agreement and registered in the Unified State Register can be challenged only in court.

Lawyers are often asked : does this rule apply to housing that is the only one for the owner of the share and his family? Answer: yes – it applies, as expressly stated in: Art. 446 Code of Civil Procedure of the Russian Federation, Art. 337, 348 of the Civil Code of the Russian Federation. There is no need to fear that the bank will seize real estate for debts, only in the cases specified in Art. 54.1 of the Law “On Mortgage”:

How to find out if an apartment is privatized

For people who do not have a lot of free time, it is possible to order information from the Unified State Register using a virtual network. In some cases, you can order documents in an urgent queue. To do this, an electronic message is generated in the Unified State Register or through the appropriate section on the website of the Federal Registration Service.

To obtain reference information, when contacting the Rosreestr department, citizens must have a passport, an application of the established form and a paid state fee. Its size varies and depends on who applies for the extract - a legal entity or an individual. For individuals it will be slightly lower than for legal entities.

Proportion of children in privatized apartments

In this situation, it is necessary for her to have adult documents on the basis of which the mat was allocated. Without this, it is not possible to give a correct answer to your question. Guardianship does not allow the apartment to be sold.

Priviatized, you probably have some misunderstanding of the conditions of the guardianship authority.

Parents will be able to direct money from their children’s accounts until they reach adulthood only with the permission of the guardianship authority for the needs of each group of children, most likely for the purchase of real estate (the link given above) or shares in real estate, a share in a privatized apartment of a minor.

https://www.youtube.com/watch?v=Zw8JvuM4A8I

Payment Delivery How to order About the company For partners Useful, share in a privatized apartment for a minor.

Child's share Extract from the child's apartment: A minor, find out more here, must be registered and de-registered together with his parents or legal representatives.

If a minor is the owner of a privatized residential premises and has an apartment in it, then his discharge upon sale of the apartment is possible only with the consent of the guardianship and trusteeship authorities.

Sell ​​a share in a privatized apartment

First, you need to understand whether the other owners of the privatized apartment want to buy it? And is it profitable for them to buy your share? Is it possible to create conditions under which the remaining owners will want to buy your share of the apartment at a price higher than the market price? If not, you will have to sell the share cheaper, and possibly to third parties. Moreover, the price for selling the share to the party must be no less than what was offered to the co-owners.

In the privatization agreements of the very first years (1992-1993), the transfer of property was written without specifying shares. Because of this, citizens are now having problems: they seem to have a share, but their size is not indicated.

Of course, if there is a dispute, they will be considered equal. The same will happen when inheriting a share in an apartment under such an agreement (the notary will consider the shares equal).

Although you can sign an agreement on a different size of shares.

How to find out the size of the share of the owners of an apartment or house

It happens that an apartment belongs to several co-owners. In this case, ownership of the apartment is divided into shares.

Shared ownership is common ownership of an apartment (residential building), when shares are expressed as an ordinary fraction.

For example, 1/2, 1/5, 96/100, etc. The shares can be either equal (1/2, 1/3, 1/6 each) or completely different. For example, 2 owners may own 3/100 and 97/100, respectively.

Shares in ownership are not parts of the apartment

Please note that shares are shares in the ownership , but shares in the apartment itself. In other words, if 2 co-owners each have 1/2 shares in a 2-room apartment, this does not mean that one belongs to one room, and the other to another.

A share in ownership is an abstract concept that divides the right , and not the apartment itself.

Therefore, based on the size of the share, it is impossible to calculate in proportion how many specific square meters belong to a particular apartment owner. For example, if 2 co-owners each have 1/2 shares in a 1-room apartment measuring 42 meters, this does not mean that both of them own exactly 21 sq.m.

This follows from the provisions of civil legislation, which states that each owner (regardless of the size of the share) has equal rights as other owners.

Checking the size of the share in ownership

The size of the owner's share can be found out without his knowledge. It's completely legal and simple.

For such a check, you need to order an extract from the Unified State Register of Real Estate about the property - the Unified State Register of Real Estate.

In section 2 “Information on registered rights” in the column “Type, number and date of state registration of the right” the specific size of the share in the right will be indicated.

Also, shares in ownership will be indicated if you order an extract from the Unified State Register of Rights on the transfer of rights. In addition, this document will indicate all previous owners, if any.

What do the shares of apartment (house) owners look like in an extract from the Unified State Register of Real Estate?

Photo of Section 2 “Information about registered rights.” As you can see, the owners’ shares are completely different and disproportionate.

  • Photo of the transfer of rights statement:
  • You can download the original statements in PDF format from the links below:

• To order an extract, fill out the form below. The statement will be sent to you by email (PDF file See sample and archive with digital signature (electronic signature). Receipt time: from several minutes to 24 hours. We work 24 hours / 7 days. Cost: 350 rubles. * sometimes there are delays more than 24 hours when Rosreestr is very busy

How to find out the owner's share in an apartment?

Buying an apartment involves a number of difficulties . They relate not only to the difficulties with choosing a real estate option, but also to its features. In Russia, apartments can be either common property or shared ownership. If there are 2 or more owners, the purchase process can become very complicated. A person interested in real estate should inquire about its legal owners. How to recognize them?

 

Extract from the Unified State Register of Real Estate

 

General and detailed information about any type of real estate registered on the territory of the Russian Federation is stored in the Unified State Register. All data contained in its databases is open. Both interested parties and owners have the right to access them. To obtain an extract from the Unified State Register you will need:

  • pay the state fee;
  • sign a statement about the need to issue a certificate of a certain type;
  • wait for the paper to be issued.

 

You can contact the MFC, State Services, Cadastral Register and Rosreestr. The time frame for document generation will be no more than 5 working days . To avoid mistakes, you need to find out in advance the exact address of the real estate or its registration number.

 

What information will the extract from the Unified State Register contain?

 

The information provided in the certificate will be current at the time of its issuance. The document contains :

  • complete information about the person who placed the order for the certificate;
  • serial number of the extract;
  • the exact date of its formation;
  • place of registration of the requested immovable property;
  • the purpose of the apartment and its actual address;
  • general information about real estate: registration number in the cadastre, area, etc.;
  • features of the right of ownership of the object;
  • information about all owners (co-owners, shared owners);
  • existing restrictions and other data.

 

Since the registration of real estate is maintained by federal government services, the information provided in the extract from the Unified State Register of Real Estate will be 100% reliable . If the document indicates 3 share owners, then during the transaction there will not be 4 of them.

 

Why find out the owner's share in the apartment?

 

The main reason is that a share of the property or the entire apartment can be put up for sale and sold without the knowledge and consent of all co-owners. Violations of the rights of owners cannot be ruled out . An extract from the Unified State Register will help avoid the following situations:

  • purchasing a share of an apartment owned by a minor child;
  • acquiring part of the property that belongs to an incapacitated person;
  • purchasing a share of property owned by a person currently in prison.

In all these cases, the person whose rights have been infringed has the legal right to challenge the completed sale transaction. This risks litigation and additional costs.

Therefore, when identifying share owners, they insist on conducting the transaction with consent.

It would not hurt to order an extract from the Unified State Register of Real Estate for a person who is not sure (does not know, doubts) that he has his own share.

You can also find out the ownership share in an apartment through intermediary companies. But contacting them may result in the issuance of false certificates. Therefore, it is wiser to contact Rosreestr.

ORDER USRN

How to find out the shares of apartment owners

In the Russian Federation, apartments belong to the state or the owners. In the first case there is always one owner, while in the second there can be many owners. Each of them has their own share of ownership. Owners have the right to dispose of shares, but with restrictions, because the law strictly ensures that the interests of all citizens are respected.

If it is planned to sell a share, each co-owner must give consent. In addition, each owner has a priority right to repurchase; only after their refusal, other citizens can purchase part of the property.

The share can be gifted or inherited, then the consent of the co-owners is not required. The owner himself can find out information about shares if he doubts its availability.

To obtain information, you must request an extract from the Unified State Register, which will indicate all the information on the shares.

Why know the owners' shares?

Users often ask how to find out the shares of apartment owners ? This information is important at the time of action with real estate. Otherwise, buyers may encounter the following difficulties:

  • The owner is a minor. To sell his share, it is necessary to obtain permission from the guardianship authorities. Consent is given only if the minor receives similar or improved housing. Lack of agreement leads to cancellation of the transaction.
  • The owner is incompetent. His legal representative must be present at the transaction. Otherwise, the deal is disputed.
  • The owner is serving his sentence in prison. A citizen who is in prison is discharged from the apartment, but does not cease to be its owner. After returning, he can challenge the deal.

What you need to know about shares

The property is divided between the owners in equal shares. Information on the object as a whole is entered into the register, but with an indication of the share of each owner. An extract from the Unified State Register is issued for the entire apartment or its share.

It is quite possible to sell only part of the property to a third party, but actually doing this is quite difficult. For example, how to sell ¼ of a two-room apartment? The co-owners of the property are unlikely to take this step.

Extract from the Unified State Register of Real Estate

If you are wondering how to find out the shares of apartment owners , then the answer is quite simple. It is necessary to order an extract from the Unified State Register of Real Estate. The register contains all information about real estate in the Russian Federation. Any citizen of the Russian Federation can submit a request.

You can order a document from Rosreestr, through the MFC, on the Rosreestr website or online. The last method is the most accessible and simple. The applicant receives the document electronically and it will only take a few hours. All information about shares is completely true.

The electronic extract from the Unified State Register itself has the same legal force as the paper version.

The extract from the Unified State Register provides the following information:

  • Location of the object, its area and cadastral number;
  • Type of ownership;
  • Information about all owners;
  • Presence of restrictions and encumbrances.

Thanks to an extract from the Unified State Register of Real Estate, you can confirm the size of your share or obtain information about the object. You can order a document on our website using a special form. You are required to provide minimum information about the property and submit your request.

How to find out if there is a share in a privatized apartment, how to find out what share in the apartment belongs to me Link to main publication
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