How to buy out a share in an apartment from your ex-husband

According to the law, both owners have the right to use a common apartment and independently dispose of their share: bequeath, donate, sell. But life shows that everything is much more complicated. Transactions with shared ownership have specific features. Whatever your situation, our specialists are ready to advise you on the question: “how to buy out your husband’s share in the apartment” and help resolve the problem in your interests. You will know your rights and be able to defend them in any instance.

Options for solving the housing problem

If the spouses do not agree to sell the apartment and divide the amount of money received equally, then there are other options for resolving the division of property.

Buy out your ex-husband's share in a joint apartment. Such a deal must be supported by an agreement. After this, by paying the appropriate amount to your spouse, you can become the sole owner of the apartment.

If your ex-husband refuses to sell his share in the joint apartment, this option will not be suitable for realizing your plans.

The ex-spouse should know that she has a priority right to purchase a share in a common apartment. If the husband plans to sell his part of the residential property of the common property to third parties, he must first offer to buy it back.

Therefore, buyers will naturally be interested in whether the wife has a share in her husband’s apartment. Moreover, he cannot sell his share to third parties for less than what he will offer to his ex-wife.

Only if the wife refuses to buy out her husband’s share will he be able to complete the sale transaction.

There are a lot of legal nuances and tricks that help to achieve a solution to a housing problem of this nature.

For example, if one of them is not familiar with the terms of the transaction, former spouses have the right to challenge it in court and demand that the rights of the buyer of part of the apartment be transferred to themselves.

In other words, the sold share in the ex-husband’s apartment will still have the status of sold, but the rights of the buyer will be transferred to the wife.

• If minor children live in the apartment, finding a buyer for the share becomes much more difficult.
• Regarding the issue of price, the cost of a share in an apartment is always lower than half of its cost.
• Children certainly have the right to use housing where their parents are permanently registered.

The separation of parents involves deciding who the children will live with. They go to court if a compromise solution is not found by the former spouses. Then it is best to entrust the protection of interests to experienced lawyers.

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Apartments that are owned by the municipality are usually used by citizens under social tenancy agreements.

How to buy a share of living space?

Considering that most residential real estate in Russia is in shared ownership, buying out a share in an apartment is a very popular transaction. It is worth noting that the sale of part of a residential property is fundamentally different from a similar transaction with an entire property.

If you live in the same apartment with relatives or complete strangers, sooner or later a conflict between the parties arises. If it is impossible to resolve the situation peacefully, one of the owners has the right to sell his part of the property and use the proceeds to purchase another property. Let us tell you how such transactions occur in practice.

General provisions

The purchase of a share in an apartment occurs by mutual agreement of the owners. Please note that current legislation provides for the right of first refusal.

If you decide to sell your part of the living space, you must first make an offer to the other co-owners of the property. If other owners do not want to buy out the share legally due to you, you can safely advertise the sale in print media and on the Internet.

It is worth noting that some real estate agencies practice urgent redemption of shares in an apartment, so if you want to quickly resolve the situation, contact realtors.

You cannot buy out, as well as sell, shares in communal apartments managed by the municipality. Here, residents are not considered full owners, and therefore do not have the right to dispose of the property. To complete the transaction, you need to privatize your part of the living space.

For those who do not know, it is necessary to clarify that a gift agreement helps close relatives avoid paying tax.

 In such a situation, one of the co-owners allegedly donates his part of the property to the other free of charge. The financial issue is resolved between the parties individually.

Such a transaction is not legal. If the selfish interest of the parties is proven, the transaction will be canceled through the court. As a result, the property will be returned to its rightful owner, and the buyer will be left without money and housing. Judicial practice has already had such precedents.

Now let’s look at how a share buyback occurs using specific examples.

Deal between relatives

The purchase of a share from a relative occurs according to the following principle. A preemptive right also applies here; accordingly, the owner who sells his share is obliged to make a purchase offer to the co-owner of the property. If a relative does not want to buy part of the property, he must give a notarized refusal.

Please note that by law the seller is required to notify other owners of the transaction in advance. To avoid any disputes, it is better to send a letter with acknowledgment of delivery. 30 days are allotted to think about buying out the share; after this period, the seller has the right to look for other buyers.

The further transaction takes place according to the standard algorithm for the purchase and sale of real estate. The seller receives money, the buyer acquires ownership. Please note that without a written refusal from other owners, Rosreestr may refuse to register the transaction.

To buy a share from a relative you will need the following package of documents:

1. Papers confirming legal rights to part of the living space. This includes documents on the basis of which a person has the right to dispose of real estate: a gift agreement, a certificate of accession to the rights of an heir, a purchase and sale.
2. Certificates confirming the absence of encumbrances. This is an extract from the EIRC (no arrears on utility bills), and the Unified State Register confirms that part of the living space is not encumbered by a mortgage or seizure.
3. Technical documentation of residential premises. These papers contain the technical characteristics of the apartment's share and confirm the absence of illegal redevelopment. Issued by BTI.
4. Extract from the house register.
5. Notarized consent of the owners to sell part of the apartment to another person.

Forced ransom

In judicial practice, there are cases of forced redemption of shares. This happens if the owner wants to sell his part to co-owners who refuse to enter into a deal.

In addition, forced redemption often occurs among relatives, when an apartment becomes shared ownership of a large number of co-owners. In this case, the allocated part of the real estate is recognized by the court as insignificant, and its owner has the right to abandon it in favor of other relatives, receiving monetary compensation in return.

Forced redemption is possible if three conditions are met:

• recognition of the share as insignificant;
• lack of interest from the owner;
• impossibility of allocating a share in kind.

To carry out the procedure, a statement of claim is drawn up in court. The paper must contain the following items:

1. Passport details of the plaintiff and defendant. The plaintiff is the seller of the real estate share, the defendant is the person who must buy part of the apartment.
2. The essence of the claim. In our case, it is recognition of part of the apartment as insignificant. This requires compelling reasons, supported by documents. For example, the impossibility of living together (supported by the testimony of neighbors) or the inability to receive your share in kind - if the case involves a one-room apartment, which is claimed by two or more co-owners.
3. Information about pre-trial resolution of the problem.
4. Signature number.

Each statement of claim is considered in court; if the court finds the grounds worthy, the decision will be made in favor of the plaintiff. Accordingly, the defendant acquires rights to the disputed share of the apartment, compensating the plaintiff for the actual cost of square meters.

Redemption through court

This scheme is practiced in situations diametrically opposite to the previous one. Here one of the owners wants to buy out the share of the other, and the latter refuses to conclude the deal.

In such a situation, the judicial practice of forced redemption applies. In particular, the co-owners need to recognize the refusenik’s share as insignificant and of no interest to the latter.

To make a decision in favor of the plaintiffs, the court takes into account the following factors:

• the owner of a minor share is not related by blood to the other co-owners;
• the owner has no interest in the property. For example, the owner of part of the living space does not appear there for a long time. In this case, a letter is sent to the owner with a request to sell the share to other co-owners, after which a claim is filed in court;
• the owner does not pay payments for the provided utilities.

Urgent redemption

This is a common practice among real estate agencies. If the owner urgently needs money for the existing share of real estate, realtors offer urgent redemption.

This scheme is primarily beneficial to the agency. Having purchased part of the apartment, realtors receive a preemptive right to purchase other shares. Needless to say, the cost of a share is much lower than the whole apartment. Thus, over time, the agency can buy out the entire living space at a bargain price.

The advantage of urgent redemption of shares is full support of the transaction by agency employees, which allows you to avoid paperwork.

As you can see, buying out a share in an apartment is a technically complex procedure that requires strict adherence to the letter of the law.

Still have questions? Write your question in the form below and receive detailed legal advice:

How to buy out a share in an apartment from your ex-husband, agreement to buy out a share

The Civil Code of the Russian Federation is gratuitous and for this reason the Buyer may not pay the Seller, and it will not be possible to recover funds from the dishonest Buyer in the future. Loan agreement.

The seller and buyer enter into a loan agreement for the amount of the cost of the share, and at the same time an agreement is signed to secure this loan with a pledge of the share in the right to the apartment.

After which the person who is the borrower misses the loan repayment deadline and the parties draw up a compensation agreement, the subject of which is a share in the apartment. Risks:

• For the Buyer: other owners can go to court to declare the transaction a sham, and the court will oblige the buyer to return the share.
• For the Seller: In case of a sham transaction, the Seller will be obliged to return the amount of money to the Buyer.

✔ Buying a share is a way to obtain registration in an apartment, in the absence of funds for the entire apartment.

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Buying out a share of an apartment from an ex-husband

At the request of the spouses, their agreement on the division of common property can be notarized. Thus, enter into an agreement with your wife and have it notarized, and in the future it will be difficult for her to challenge the agreement.

[email protected] Consultations, drafting documents, contracts, statements of claim Please leave a review Alistarkhov Vladimir Vladimirovich (11.01.2013 at 11:47:33) Good afternoon, Alexander! I agree with my colleague that you need to enter into an agreement with your wife on the division of joint property in accordance with clause 2 of Art.

38 of the Family Code of the Russian Federation and have the agreement certified by a notary. Good luck to you. My reward is your review. Division of common property of spouses 1.

The division of the common property of the spouses can be made both during the marriage and after its dissolution at the request of any of the spouses, as well as in the event of a claim by a creditor to divide the common property of the spouses in order to foreclose on the share of one of the spouses in the common property of the spouses. 2. The common property of the spouses may be divided between the spouses by agreement.

Buying a share of an apartment from a relative

The issue of division of real estate has spoiled more than one generation of people; the problem is more acute if it has to be resolved with close relatives, each of whom is the owner of the “disputed” apartment and has the right to dispose of real estate as he wishes, but there are still some restrictions that we will tell you in this article. Contents of the article ○ The concept of shared ownership. Causes of occurrence. ○ Sale of a share in an apartment. ○ Preemptive right of co-owner. ✔ When does the pre-emptive right not work? ○ What types of transactions with shares are prohibited? ○ What to do if one of the owners is against the sale of the apartment? ○ What if one of the owners refuses to receive notice of the sale? ○ Purchase and sale agreement. ○ Risks when purchasing a share in an apartment.

How to properly buy out your ex-husband’s share in an apartment?

Attention

By way of inheritance. After the death of the owner, he may be left with a surviving spouse, parents, children, incl. children from the first marriage, who will also be the primary heirs to receive the share of the deceased.3.

Acquiring a share in an apartment. Obtaining a share in an apartment on the basis of a gift agreement, rent, pledge, or by purchasing a share. Return ○ Sale of a share in an apartment.

To exercise their right to sell a share in an apartment, the owner must follow the following algorithm: STAGE 1.

We notify about the sale of a share in the apartment. The seller must notify the other owners in writing of his desire to sell the share, since they have a pre-emptive right. The notice indicates at what price and under what conditions the sale will take place.

Important

Then it is best to entrust the protection of interests to experienced lawyers.

You may be interested in: Refinancing overdue loans We offer assistance in refinancing overdue loans, no matter what difficult situation you find yourself in.

Buying an apartment through the court If the apartment belongs to several people, and there is a need to sell the apartment, this will require the consent of all parties.

Buying an apartment from the city Apartments that are owned by the municipality are usually used by citizens under social tenancy agreements. 2017 © ARGOR LLC.

The fact is that credit institutions are reluctant to issue borrowed funds for the acquisition of shares in the right to an apartment. Only those citizens who need to buy the last share of a residential property have a good chance of becoming a borrower. For example, loans for ½ share in an apartment are often issued to persons who own the other half of the property.

This approach ensures that the entire apartment becomes collateral for the mortgage loan and reduces the risks of the banking organization issuing the loan. Banks often doubt the purpose of a loan issued to a person to purchase a share in housing from a relative. This is due to the fact that unscrupulous borrowers can spend loan funds for their personal needs.

They enter into a fictitious deal with a family member to sell a share, acquiring property rights to a residential property for free, and use the borrowed funds for other purposes not related to the acquisition of real estate.
The procedure for obtaining a loan involves completing the following papers:

1. A mortgage agreement, which will become the basis for the transfer of collateral to the lender.
2. Mortgage.
3. Agreement for the sale and purchase of a share in an apartment.
4. A loan agreement that fixes the interest rate on the loan, the size of the mortgage loan, the repayment period of the debt and other terms of the agreement.

How to Buy a Share in an Apartment from Your Ex-Husband If He Doesn’t Agree

Public auctions for the sale of a share in the right of common ownership in the absence of consent of all participants in shared ownership may be held in the cases provided for by part two of Article 255 of this Code, and in other cases provided for by law.

1. When selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have the preemptive 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 sale at public auction.

How to buy out a share in an apartment from your ex-husband if he doesn’t agree

Secondly, you cannot force your ex-spouse to sell you his share in the country house. Under such circumstances, the only thing left for you is to try to sell your share to your ex-husband, and if he refuses, sell it to other persons. The second sales option is possible only if the requirements established by Article 250 of the Civil Code of the Russian Federation are met:

Unfortunately, this restriction can be circumvented if the ex-spouse donates his share and receives the money without completing any paperwork.

But the chances of success in such a matter are small, because... the relevant evidence will need to be presented to the court.

Buying out a share of an apartment from an ex-husband

The ex-spouse should know that she has a priority right to purchase a share in a common apartment. If the husband plans to sell his part of the residential property of the common property to third parties, he must first offer to buy it back.

Therefore, buyers will naturally be interested in whether the wife has a share in her husband’s apartment. Moreover, he cannot sell his share to third parties for less than what he will offer to his ex-wife.

Only if the wife refuses to buy out her husband’s share will he be able to complete the sale transaction.

Buy out your ex-husband's share in a joint apartment. Such a deal must be supported by an agreement. After this, by paying the appropriate amount to your spouse, you can become the sole owner of the apartment.

If your ex-husband refuses to sell his share in the joint apartment, this option will not be suitable for realizing your plans.

How to buy out a share in an apartment from your ex-husband

How to buy out a 1/4 share from your ex-husband in a two-room apartment? He demands money, and to the maximum. And how can everything be done better? How to bargain with him? I submitted an application to the court to determine the order of use by the owners: room 18 for me and my daughter, bedroom 12 for my ex-husband and son.

According to the law - no way. The ex-husband is the same owner as you; it is impossible to force him to sell his share. Apparently, he believes that by selling the entire apartment he would receive more money than by selling a share. In this case, you can offer him a price that suits him.

How to buy out a share in an apartment from your ex-husband, agreement to buy out a share

Can an ex-husband sell his share in the apartment and make it communal?

Good afternoon I am concerned about the issue of housing division and the like. A family of 4 people (husband, wife and 2 young children, 3 and 5 years old, respectively) have a 3-room privatized apartment, two shares belong to the wife (the children stay with her), 1 share belongs to the husband. Divorce proceedings are underway. The husband wants to sell his share.

At the same time, he has a separate room - 25 square meters in a communal apartment, where he now lives, + has a one-room apartment in another city, it all belongs to him, it was purchased before his marriage. He now has a share in their joint apartment (bought with the money of his parents, on both sides, and divided into shares between the spouses, according to the contribution of money towards the purchase of housing).

Rooms - footage, 11.8, 14.3, 13.8. Does he have the right to turn this three-room apartment into a communal apartment and worsen the living conditions of his children, since he offers a high price for buying out his share and it is difficult to buy it back? The husband is not registered here, he is registered in a communal apartment in a room of 25 square meters, and the eldest son, 5 years old, is also registered there. Thank you.

Elena. Saint Petersburg.

Answer

Hello, Elena.

Your husband, as the owner of a share in the apartment, has the right to own, use and dispose of it at his own discretion. But during alienation, that is, the sale of a share in common joint property, you have the pre-emptive right to purchase the share being sold. Let's understand the procedure to decide what to do.

Your husband must inform you in writing of his intention to sell his share to a third party, indicating the terms of the sale, including the price. If you refuse to purchase the share being sold or do not purchase it within a month, your husband will be able to sell it to an outsider. But there is an important nuance.

You say that he set a high price for the share being sold. You must understand that not many people will want to purchase a share in an apartment at a high price. But your husband cannot reduce the price without repeatedly notifying you in writing.

Without following the procedure for the pre-emptive right to purchase, when notarizing a purchase and sale transaction, the notary will refuse certification, and Rossreestr will not register the transfer of ownership. Within three months, in accordance with paragraph 3 of Article 250 of the Civil Code of the Russian Federation, you have the right to demand in court the transfer of the rights and obligations of the buyer to you.

Thus, your husband has the right to sell his share in the apartment, but only in compliance with the pre-emptive right of purchase procedure.

Good luck!