How to buy out a share in an apartment from a relative if they are against it

Shared ownership to this day is a stumbling block both in legal practice and in ordinary civil life. Here, conflicts often arise between relatives: to quote the classic, it can be argued that the housing issue has truly spoiled us. Problems are created mainly when allocating a share - how to divide and how to leave without losses?

Read about how to choose the most suitable apartment for yourself on the secondary market here.

Share in an apartment: how to divide a joint apartment

Problems begin mainly due to a misunderstanding of two fundamentally different concepts - joint ownership and shared ownership. To separate these concepts, you need to be as careful as possible when reading the civil code.

Consider the situation: citizen M. has a share in a privatized apartment. She wants to give it to her niece. At the same time M.

I was faced with the fact that when I approached a notary to formalize a gift transaction, I needed the permission of the other owners for the transaction.

The fact is that housing can be in common ownership with a share determined for each participant (this is shared ownership) and in joint ownership (without determining the share). In joint ownership, although formally you have your share, legally it is defined simply as a percentage or fraction.

In fact, all owners can use the apartment on equal terms - live in it, use the bathrooms, bedroom, living room and kitchen, etc. Therefore, it is impossible to sell your “share” - this must be done through the court.

After all, in fact, it is not clear - what exactly will you sell, give or exchange? Share? But how and in what way is it expressed - what “area” is it?  

Registration of real estate transactions with a notary: nuances and cost >>>

To allocate your share, you need to go to court together with the other co-owners and transfer the apartment from joint ownership to common ownership. They will determine which part of the apartment belongs to you, and you will be able to manage it.

Therefore, in order to donate her share, citizen M. really needs, by a court decision, to transfer the apartment from joint ownership to common ownership.

What types of joint ownership are there? According to civil law in Kazakhstan, spouses can have joint ownership of housing purchased during marriage. If they get divorced, then the court decides to allocate shares to each of them.

Lawyer Tatyana Lebedeva, director of the GRAND PREMIUM Law Firm LLP, comments : “The most common option for the emergence of joint property, provided for by the Civil Code of the Republic of Kazakhstan, is joint property of spouses. This is an apartment acquired during marriage as a result of a so-called compensated transaction.

The second option is under a privatization agreement: the home becomes the joint property of the tenant and family members permanently residing with him (including minors and those temporarily absent).

• Finally, the third option is inherited housing, which is divided in equal shares between the heirs (again, taking into account the norms of civil law) or according to a will, if it has its own restrictions.
• Apartment donation agreement: registration, risks, nuances >>>
• Rights and obligations of the owner of a share in the apartment
• If you own a share in an apartment, then remember a few nuances:

• if you have made improvements to the apartment - for example, you have done a good renovation or redevelopment, etc. - then they increase your share. Therefore, keep all receipts, repair crew contracts, etc., so that you can prove in court that it was you who paid for the improvements, and they should be taken into account when assessing your share;
• if you cannot use your share - live in an apartment, then you have the right to demand from other participants who use this property a payment equivalent to a share or other compensation;
• you and other shareholders are required to pay taxes, fees, and other payments on common property in proportion to their share. It’s better to keep all receipts and checks that you paid for shared housing yourself;
• if a child’s share in a privatized apartment is sold, parents will need to obtain permission from the guardianship authorities for the transaction. This will confirm that the family is prosperous, and the children will live with their family in another full-fledged housing with ownership rights, etc.

How to resolve disputes with the landlord? >>>

How to sell a share in an apartment 

You need to decide what kind of property your share is. Let's say you have a share of joint ownership in an apartment and you want to sell it.

1. Obtain the consent of the co-owners of the joint apartment

To do this, you must obtain the consent of the co-owners for the purchase and sale transaction - it must be notarized and registered with the justice authorities. If the share is not sold, but exchanged or donated, the same rules apply. If the co-owners do not agree to the sale, you will not be able to complete the transaction. And if you do, it will be declared invalid.

To sell or make any other transactions with your part of the home (for example, donating a share) without the consent of the co-owners, you need to transfer joint ownership into common shared ownership. This can be done under an alienation agreement from the co-owners, certified by a notary, or by court decision.

2. Offer co-owners to buy their share

After the property is transferred to a common share, the concept of the pre-emptive right to purchase comes into play - this means that you first need to offer to buy this share to your co-owners. You can set the price yourself, but it must be the same for both third parties and co-owners.

To do this, you need to notify the co-owners in writing of your intention to sell this part of the home, indicating the price at which you want to complete the transaction.

And only when other “shareholders” of the apartment refuse to purchase and do not acquire a share within a month, you can sell it to any stranger.

If you do not inform your co-owners about the sale of the share, you will violate the right of first refusal. In such a situation, the co-owners have the right to demand the transfer of the rights and obligations of the buyer to them within 3 months.

How to check an apartment before buying? >>>

If the shareholders want to leave, then the apartment is appraised, sold, and the money received is divided into appropriate parts in relation to each of the shareholders. But it also happens that one of the shareholders does not want to sell his part, and there is no possibility of using the property jointly.

Then the issue is resolved through the court: the co-owners can file a claim for the division of housing and the allocation of a share with the payment of appropriate compensation to the “stubborn” shareholder.

Most often this happens if they want to “separate” from a shareholder who has not lived in the living space for a long time and at the same time has a very insignificant share in the apartment, so its presence is unimportant. Those.

In general, the right of ownership is inalienable, and the court cannot force the sale of a share - only if this share is very small.

Division of an apartment during divorce

How to divide an apartment during a divorce if there are children? Thus, according to Article 38 of the Code on Marriage and Family, the court can allocate shares in favor of minor children.

If they share an apartment that is not privatized, but bought by the parents, then such a right to the children’s share in the property is not provided.

Here we are not talking about separate shares for children - the court simply increases the share of the parent who will live with the children.

There is another nuance - if one of the spouses spent common property without permission or did not receive income, this can also be taken into account by the court. Most often, this situation concerns families where one of the spouses suffers from drug addiction or alcoholism - if this can be proven, the court may consider this factor and the “dependent” will receive a smaller share in the apartment.

At the same time, the court will not reduce the share if the reasons for absence from work were valid - illness, crisis period, caring for children or relatives who required it, housekeeping. Such reasons are not considered by the court as grounds for “cutting”.

The right of common ownership does not apply to an apartment purchased before marriage, received by inheritance or as a gift. However, if the other spouse invested money in it - for repairs, redevelopment, additions, etc.

d. - then these amounts will be taken into account in the account of this spouse during the divorce. Also, taking into account the shares, an apartment that was purchased during marriage with the personal funds of one of the spouses plus jointly acquired funds is divided.

You can find more detailed information about the division of real estate during a divorce in a special article.

How is the inheritance divided?

First of all, the inheritance passes to persons on the terms of universal succession. According to the civil code, there are several lines of heirs (housing is divided in equal shares):

• first of all - the children of the testator (also those who were born alive after the death of the testator), spouse and parents. These people receive the inheritance in equal shares. Also, by right of representation, grandchildren and their descendants can inherit the home;
• second stage - if there are no heirs of the first stage, then the housing goes to full and half-siblings, grandparents (both father and mother). If there are no brothers and sisters, then their children - nephews and nieces - inherit. Housing is also divided in equal shares;
• third stage - valid when there are no heirs of the first and second stages. It includes the testator's aunts and uncles (they receive in equal shares) and, by right of representation, aunts and uncles - cousins;
• heirs of subsequent orders - if all the heirs described above are not there, then relatives of the third, fourth and fifth degrees of kinship receive the right of inheritance.

First of all, the inheritance passes to persons on the terms of universal succession. According to the civil code, there are several lines of heirs.

The right to inheritance in the Republic of Kazakhstan: acceptance and registration deadlines >>>

Mandatory share in inheritance

As Article 1069 of the Civil Code of the Republic of Kazakhstan states, there is the concept of an obligatory share in inheritance. Who has the right to a share in the inheritance, regardless of whether they are indicated in the will or not:

• minor children and disabled children of the testator;
• disabled spouse and disabled parents of the testator.

Regardless of the will, these relatives are allocated at least half of the share that would be due to them upon inheritance by law.

So, for example: Mr. died. A, who has a two-room apartment. In his will, he indicated an heir in the person of his adult son N. At the same time, A. has a disabled father, K. By right of compulsory share, the father is allocated at least half of the room in the apartment plus furnishings, or the heir (son) must pay compensation to his grandfather, equivalent to the value of the share.

The right to an obligatory share in the inheritance also includes a share of the cost of home furnishings and household items. It happens that there are some clauses in the will that limit the inheritance of the above-described persons. Then these restrictions are imposed only on that part that exceeds the mandatory share.

The issue with the spouse’s inheritance is also interesting - if the marriage was actually terminated before the opening of the inheritance, the spouses have not lived together for more than 5 years, then the court can exclude the spouse from inheritance. However, the fact of separation must be proven.

If you need expert advice, visit the Questions and Answers section.

Information service kn.kz

Is it possible to force a relative to buy out a share of the apartment at the market price?

Specialists from the Rosreestr Office for Khakassia answer questions relevant to property owners.

— When completing the purchase and sale transaction, it turned out that the land plot is partially included in the security zone of the overhead power line. Rosreestr forces information about this restriction to be included in the contract. How necessary is this?

— Documents that are subject to state registration or that are the basis for state registration of rights must contain restrictions on the rights of the parties established by federal law or an agreement, otherwise failure to indicate such conditions is grounds for suspension (and subsequent refusal) in registering the transfer of rights in accordance with clause 17 Part 1 Art. 26 of the Law on Real Estate Registration.

— I own a 1/5 share in the apartment, another shareholder wants to buy it, but offers very little money. Is it possible to oblige him to buy it back at market value?

— You won’t be able to oblige someone to buy property, but you can sell a share at market value.

To do this, you must use the procedure for selling your share, taking into account the pre-emptive right. Send the co-owners a notice of the planned sale of the share indicating the market price.

If after a month they do not express their desire to buy the share, you can sell it to a third party.

— What are the features of issuing a power of attorney to represent the interests of a legal entity in Rosreestr?

— State cadastral registration and (or) state registration of rights are carried out at the request of a representative of the persons specified in parts 1 - 3 of Art. 15 of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate”, if he has a notarized power of attorney, unless otherwise established by this federal law (Part 4 of Article 15 of Law N 218-FZ).

Also, a representative of a legal entity must have a notarized power of attorney when receiving documents to be issued after state cadastral registration and (or) state registration of rights.

However, notarization is not required for powers of attorney (clauses 13, 15, Article 62 of Law No. 218-FZ):

• to receive information contained in the Unified State Register of Real Estate about the date of receipt by the rights registration authority of the application for state cadastral registration and (or) state registration of rights and documents attached to it, about the contents of title documents, generalized information about the rights of an individual to existing or previously owned real estate properties, as well as information in the form of a copy of the document on the basis of which the information was entered into the Unified State Register, information about the recognition of the copyright holder as incompetent or partially capable;
• to receive copies of contracts and other documents that express the content of unilateral transactions concluded in simple written form and are contained in register files.

• A neighbor put up his fence on your property: what to do?
• “Tips from a brownie”: does a lien on real estate prevent you from paying off the mortgage record?
• “Tips from a brownie”: how to get copies of lost documents for your home
• “Tips from a brownie”: how to protect your property
• “Tips from a brownie”: is it possible to sell an apartment without the consent of your spouse?
• Brownie's advice on transactions without a notary: new in legislation
• Brownie's advice: the most frequently asked questions regarding transactions with minors
• Brownie's tips: how to register the right to a garage and return the state duty
• Brownie tips: do greenhouses need to be registered?
• Brownie's tips: how to fix a registry error
• Brownie tips: how to find out the boundaries of your land plot?
• A team of animators appeared in Minusinsk
• How to get along with neighbors if they keep livestock?
• Land demarcation - what is it?
• Why does the dacha need an amnesty and how much time is left?

Is it possible to buy back a share for maternity capital?

We suggest considering the topic: “is it possible to buy out a share for maternity capital” with comments from professionals. We tried to explain everything in understandable languages ​​and fully cover the topic. Read the article carefully and if you have any questions, you can ask them in the comments or directly to the consultant on duty.

The most popular way to use maternity capital is to improve housing conditions.

However, in most regions, the amount of the certificate is not enough to purchase a good apartment or residential building.

The only chance for a family with children to have their own place is to buy a share of housing. Some citizens have the opportunity to buy out a share in an apartment or house from relatives.

Is it possible to buy a share in an apartment from relatives using maternity capital?

The use of maternity capital funds is controlled and verified by employees of the Pension Fund. Quite often, citizens, when applying to the Pension Fund with a request to use family capital to purchase a share in an apartment from relatives, are refused.

Government authorities are reluctant to approve transactions between relatives due to the possibility of fraud.

According to the law, it is possible to buy a share of residential premises from a relative using maternity capital.

However, there are a number of features when making this transaction.

What restrictions exist on transactions between relatives?

The main requirement for housing purchased with family capital is suitability for family living. The premises must have all communications; the house must not be in disrepair.

When purchasing a share in an apartment, the following conditions must be met:

• the acquisition of part of the housing provides the family with a separate living space or an entire apartment;
• the property is located in Russia;
• purchase at the expense of maternal capital directly from the owner of part of the premises occurs three years after the birth of the child who gave the right to receive a certificate;
• purchasing a share in an apartment using a bank loan is possible at any time after receiving the certificate.

When carrying out transactions between relatives, there are also additional restrictions. These include:

• Transactions between husband and wife are prohibited. This limitation is due to the fact that maternity capital is intended for the whole family. Accordingly, the father of the children is also the owner of the certificate. The purchase of real estate that is already owned by members of the same family cannot be considered an improvement in housing.
• You cannot make a purchase for the purpose of cashing out funds. Some citizens buy a share in an apartment, which over time should go to one of the spouses. For example, the purchase of real estate that is inherited by a husband or wife after the death of a close relative. Despite the fact that transactions involving maternal capital between children and parents are permitted, they are subject to careful verification.

No video.

Video (click to play).

The procedure for purchasing real estate from relatives using maternal capital

The purchase of real estate from relatives using maternal money occurs according to the general scheme. The main difference between these transactions is a more careful check of compliance with the conditions for using the certificate.

You can only buy out a share in an apartment if the apartment is clearly divided into parts. The title deeds must indicate how much the seller owns. You cannot buy out part of an apartment when it belongs to several citizens on the right of common ownership without distribution of shares.

To use matkapital to purchase a share in an apartment, you need to prepare the following documents:

• identification documents of the parties;
• maternal certificate;
• application for the use of family capital;
• real estate documents;
• contract of sale;
• an extract from the Unified State Register confirming the absence of an encumbrance;
• written consent of other owners (if any) to complete the transaction;
• consent of the guardianship authorities for the sale (if the share of a minor citizen is being purchased) (see also: how to obtain permission from the guardianship authorities to sell an apartment: sample application);
• an obligation certified by a notary to allocate shares in real estate to all family members;
• an agreement with the bank indicating the purposes for which the money will be used (if the purchase is made using credit funds);
• a document confirming the presence or absence of marriage ties;
• documents of minor children.

An application for disposal of maternal capital is written directly to the Pension Fund. The document is drawn up in accordance with legal requirements. Sample application:

Documents are submitted to the Pension Fund at the place of registration. They can be taken personally to a government agency or submitted through the MFC. It is also possible to write an application for the use of maternity capital through the government services website. However, the latter option is only possible if the applicant has an electronic signature.

When considering the application, the Tax Service checks the legality of the transaction. PF employees visit an apartment that is subject to redemption. If the living conditions are considered inappropriate, the use of maternity capital funds will be denied.

According to Federal Law No. 256, a share can be allocated to all family members within six months after purchasing real estate and registering ownership rights. Children are allocated shares equal to those of their parents. It is a mistaken belief that part of the property is allocated only to the child who gave the opportunity to receive the certificate.

Real estate must be registered in the name of all minors born at the time of the transaction and payment for housing with maternity capital. It is also not allowed to register an apartment exclusively for children.

When making transactions between relatives involving maternal capital, it is necessary to prepare for the fact that the transaction will be subjected to thorough verification. PF has a positive attitude towards the purchase of a share in real estate, which subsequently allows the family to acquire ownership of the entire apartment. However, if fraudulent intent is detected, citizens are subject to criminal liability.

Read also: Peculiarities of registering the purchase of an apartment on the secondary market

Experts advise preparing for the fact that you will need to prove the need to buy out a share from a close relative. For example, buying a share from a cousin is less suspicious than buying it from your mother.

The tax office studies the history of real estate before the sale and purchase and monitors its fate after the change of owner.

Cohabitation between the seller and the buyer is considered as a way to cash out maternity capital.

Is it possible to buy a share in an apartment using maternity capital?

Despite a significant drop in the value of real estate due to the crisis, the size of maternity capital ( 453 thousand rubles in 2018) in most regions of the country still does not allow families with children to purchase a full-fledged living space without attracting additional funds - that is, without their own savings or housing loan (loan).

Therefore, for most parents, the only available option for improving living conditions under the state certificate for maternal capital is to purchase not the entire residential premises, but only a part (share) of it .

According to the law, maternity capital can be used to purchase shared property only in 2 cases:

1. If the share is an isolated room in an apartment - one or more rooms.
2. If, as a result of the purchase of a share, the entire residential premises completely becomes the property of the buyer.

An important condition is the isolation of the acquired share from the rest of the premises. It is for this reason that you cannot buy a share in a one-room apartment (since it is impossible to allocate a share in kind in a single room).

This is important for the reason that, according to the law, the direction of improving housing conditions implies the possibility of purchasing only an independent living space .

The definition of the concept “room” is also enshrined in law and means a part of a residential building or apartment intended for use as a place of direct residence for persons.

Judicial practice regarding PFR refusals to purchase shared property

It so happens that the Pension Fund prefers not to get involved in transactions for the purchase of shares under a certificate and often refuses such applications from citizens. One of the main conditions of the Pension Fund is the requirement to acquire a separate property , and not a “share in the right.”

It cannot be said that this requirement is lawful and cannot be appealed in court. Judicial practice is rich in court proceedings with very different outcomes on the issue of purchasing a share using maternity capital .

• Despite the absence in the law of a prohibition on the use of a certificate to acquire a share of residential premises in the ownership of persons already living in it (having rights of use), some citizens are forced to apply to the Supreme Court to defend their legal rights due to the refusal of the Pension Fund.
• There are exceptions to one of the main conditions for channeling maternity capital to improve housing conditions - registration of housing as the common property of all family members (regardless of the age of the children). Thus, in one of the court cases, the court agreed with the judgment of the mother, who bought a share in the apartment of her adult son, registering it only as the property of herself and her minor children.

No video.

Video (click to play).

Below are answers to the most pressing questions about options and methods for acquiring rights to shared ownership under a maternal certificate.

For young families , buying out a share in an apartment with maternal capital is an excellent opportunity to improve their living conditions. But in order to obtain permission from the Pension Fund to carry out such a transaction, it is necessary to comply with all legal requirements.

The share must meet the following criteria necessary to recognize the premises as residential:

• be isolated and separate from the rest of the home;
• be suitable for permanent residence;
• comply with sanitary, technical and other standards.

The Pension Fund considers each case individually, and its decision should be based on a positive answer to the question: can this share be classified as independent living quarters? Other transactions may be challenged by the Pension Fund in court .

The list of necessary documents that must be provided for the purchase of a share of housing is no different from the list for the purchase of the entire apartment.

Is it possible to buy a share in an apartment with maternity capital from relatives?

The procedure for concluding real estate purchase and sale agreements between relatives is exactly the same as in transactions where the participants are citizens who are not related.

And although transactions between relatives are legal , in practice there are a number of restrictions:

• the transaction should not be imaginary , i.e. completed only for cashing out maternity capital without changing the procedure for using residential property;
• transactions between spouses are prohibited , but it is not forbidden to enter into agreements with other relatives - for example, between children and parents;
• The Pension Fund of Russia recognizes an agreement under which a family acquires rights in shared ownership from relatives if the latter completely renounce ownership of their shares in the residential premises.

• However, do not forget that the Pension Fund checks the history of the property and carefully monitors transactions between relatives in order to prevent attempts to cash out maternity capital.
• Recently, this scheme has become so widely used that the Department of Economic Crimes and the Ministry of Internal Affairs monitor not only the future fate of housing (so that children’s rights are respected), but also the history of purchased housing.
• In addition, when purchasing housing from relatives, it is necessary to remember the right of citizens to receive a property tax deduction in the amount of expenses incurred (with the exception of the amount of family capital).

However, citizens wishing to buy out a share from close relatives, on the basis of clause 5 of Art. 220 of the Tax Code of the Russian Federation, a refusal to issue a tax deduction may be presented, since the transaction is carried out between interdependent persons .

An exhaustive list of interdependent relatives is given in paragraph 2 of Art. 105.1 Tax Code of the Russian Federation. The law does not provide for any additional restrictions on tax deductions when purchasing housing from other relatives who are not included in this list.

Purchasing shared ownership rights from strangers using matkapital

You can also purchase a share in an apartment from strangers, provided that the home meets the requirements of the law.

• In practice, as a rule, a share means the acquisition of one or more rooms in a multi-room apartment .
• In cases when it comes to a one-room apartment , it is impossible to buy the room - you need to purchase the entire apartment, and not part of it.

Since in ordinary apartments rooms are rarely allocated as separate property, we can talk about buying out a room in a communal apartment (with separate personal accounts) or in a private house .

a room in a dormitory with family capital , which is classified as a special housing stock and is not subject to alienation (Article 92 of the Housing Code of the Russian Federation). Such a purchase can take place if the hostel is transferred to private housing stock .

Since the Pension Fund transfers funds after the conclusion and registration of the transaction , the purchase and sale agreement should define:

• that the cost of housing will be fully or partially paid by family capital by transferring funds from the Pension Fund account to the seller’s bank account (indicating the account number);
• It is also worth indicating the period during which buyers are required to submit documents for the disposal of maternity capital funds (until full payment under the contract is made, the property will be pledged to the seller).

How is the obligation to allocate a share to children fulfilled when purchasing shared property?

According to the provisions of Art. 10 (Part 4) of Federal Law No. 256-FZ of December 29, 2006, residential premises purchased using family capital must be registered as the common property of parents and their children, with the size of shares determined by agreement between family members.

When can you buy a share in an apartment from a relative using maternal capital?

Maternity capital is issued to families at the birth or adoption of a second and subsequent children. It can be spent on improving living conditions, educating children, or increasing the mother’s funded pension. In 2023, the amount of maternity capital is 453,026 rubles.

How can you use maternity capital to improve your living conditions?

The improvement of housing conditions, to which funds from maternity (family) capital can be allocated, means, in particular, the acquisition of residential premises (Clause 1, Part 1, Article 10 of Federal Law No. 29.

12.2006 N 256-FZ “On additional measures of state support for families with children”). At the same time, according to part three of this article, the purchased residential premises must be located on the territory of Russia.

You can spend maternity capital to improve your living conditions when the second or subsequent child, in connection with whose birth the payment is being made, turns three years old.

An exception to this rule is the payment of a down payment on a housing loan or loan, as well as the use of maternal capital funds to repay housing loans and borrowings.

In this case, you can use maternity capital immediately after the birth (adoption) of a second or subsequent child.

Is it possible to buy a share in an apartment using maternity capital?

Maternity capital can be used to purchase shared property. This may be relevant, for example, if a young family lives in an apartment, the other owners of which are ready to sell their shares. It is also possible to buy out shares from relatives, but subject to certain conditions.

“According to the law, you can buy a share in an apartment from a relative using maternity capital. However, there are a number of features when making this transaction,” says lawyer Sergei Agapov .

What conditions must be observed when purchasing a share from relatives?

The purchase of a share in the right of ownership (and not a separate residential premises: a room, apartment, house or part of a house) does not prevent the use of maternity capital funds to pay off obligations under the contract, provided that the residential premises are suitable for habitation and are actually used by the family as a result of such a purchase The living space is getting larger.

Agapov draws attention to the fact that it is possible to buy out a share in an apartment only if it is clearly divided into parts. The title deeds must indicate how much the seller owns.

You cannot buy out part of an apartment when it belongs to several people on the right of common ownership without distribution of shares.

Another important condition is that the purchase of part of the housing must provide the family with a separate living space (room) or an entire apartment.

The expert notes that the practice when residential premises purchased at the expense of maternal (family) capital, registered as the property of children, are purchased from their close relatives (for example, grandparents), may raise doubts among the Pension Fund authorities when considering the submitted package of documents. However, the law does not prohibit such transactions.

Square slices: buying or selling a room

A columnist on the portal www.interfax.by tried to find out how to do this, and what problems sellers and buyers of square slices may encounter.

First Deputy General Director of the PAKODAN Real Estate Trade Center Pavel Astapenya said that transactions with shares have legal and “everyday” features.

Let us immediately clarify that a share in a non-privatized apartment cannot be sold. But if the housing is in your private property, sell it however you like. By the way, you can privatize a share and then sell it.

As we said above, theoretically the owner can sell any share. Another question is, who will buy 1/1,000 of the apartment from you? But shares equal to the number of square meters suitable for living, and even more so equal to the physical size of the room, sell well.

“Previously, when the institution of registration existed, people bought some minimum living space in order to register and legally get a job in Minsk,” says Pavel Astapenia. – Now the registration has been canceled and registration is being carried out.

You can get a job in Minsk regardless of where you are registered. Therefore, now they do not buy 1/1,000 to register. And I also don’t remember such transactions with 1/1,000 before. There was a case where they sold 1/12, and this happened at a time when registration still existed, five or six years ago.

Now there is no such thing. Shares are sold in approximate proportion to the room.”

Why do people buy/sell shares?

The slices are steps on the way to the whole apartment. First a person buys a room. Over time, he saves money and goes for expansion - he sells his share and buys an apartment.

Heirs often act as sellers and buyers of shares. After the death of the owner, the apartment may have many owners. They either immediately sell the entire apartment and divide the money, or one of the heirs buys out the shares in the ownership of the remaining relatives and becomes the rightful owner.

One of the rarest options is when people urgently need money and they sell part of their apartment.

Divide the indivisible

The first thing you should pay attention to is that the ownership share should be close to the size of the room.

It often happens that the share does not correspond to the size of the room. After all, a share is not the square footage of a room, but a living area divided into two, three, four, and so on - that is, 1/2, 1/3, 1/4 of an apartment.

Strictly speaking, from the point of view of legislation, owning any share in the ownership of a premises means owning a share in every square meter of this premises.

For example, if you have 1/2 share of ownership of an apartment, this means that you have 1/2 share of ownership of each square meter of that apartment. Just for the understanding of ordinary people, when lawyers say, for example, 1/2 share, they explain this as ownership of half of the apartment.

Agree, it is difficult to divide an apartment equally if, for example, one room is 17 and the other is 13 square meters. And how often have you come across an apartment with rooms that are absolutely identical in size?

Pavel Astapenia says: usually the owners amicably agree on how to use the apartment. If the issue cannot be resolved peacefully, it is resolved in court.

When selling or buying, you need to take it for granted that the share will not correspond to the physical dimensions of the room. Such nuances need to be clarified in advance.

It is easier to resolve all issues regarding shares and joint use of an apartment amicably. If you want to legally secure the right to use a specific room, you can go to a notary and enter into an agreement with the other co-owner to establish the procedure for using the apartment.

The right of first refusal is not a death sentence

When selling a share of property, according to the law, the seller must first offer to buy the share to the other co-owner of the apartment. If your neighbor doesn't want to buy your part of the apartment, no one can stop you from selling it to someone else.

The seller needs to come to the notary's office and, through the notary, send a notice of intention to sell the share. The other co-owner, having received this notification, comes to the notary’s office and writes a refusal or a statement that he agrees to buy the share on the proposed terms.

For example, you offered a co-owner to buy out a share for 30 million. He refused. You can sell it to another person for 30 million or more.

What happens if a co-owner intentionally (or absent-mindedly) ignores the notice of sale? It's OK.

“According to the law, you need to wait a month from the date of receipt of the notification. After a month, you have the right to sell the share to a third party without asking the other co-owner. No one will be able to challenge this deal later,” explained Pavel Astapenia.

Now let's move from theory to real situations...

How can ex-spouses share an apartment built together?

A common situation: a husband and wife built an apartment, got divorced and want to leave. The construction contract was concluded by the spouse. His name appears in all title documents for this apartment.

During a divorce, these spouses could: allocate a share (register in 1/2 or in other shares), or not allocate, but simply agree that during a divorce they would sell the apartment and divide the money.

“If one of the former spouses wants to buy out the entire apartment, then it is necessary to allocate a share,” says Pavel Astapenia.

How to divide an apartment into shares?

Option 1. During a divorce, spouses request that the court consider the ownership of the apartment and divide it in appropriate shares. In this case, the basis for division will be a court decision. Having received it, the spouses go to the city agency for state registration and formalize the division into shares.

Option 2. Without trial. Spouses, including former spouses, can come to the notary's office at the location of the apartment and divide the apartment by obtaining a certificate of ownership.

If the spouse does not want to sell or buy

If one of the spouses wants to sell the share, but the other does not want to buy, then you can sell it to another person. In such a case, the spouse must obtain a waiver of the right of first refusal. As we wrote above, this means that the spouse must first offer to buy the share to the other spouse, and he must officially refuse.

“If the apartment is two-room, the shares are divided into specific rooms, then please sell. No problem,” says Pavel Astapenia. – In the case of one-room apartments, it is easier for spouses to immediately sell it and divide the money than to deal with shares. And selling a share in a one-room apartment to a third party is almost impossible. Nobody will buy it."

If there is a child in the family

If the spouses divorced and during their time together not only built a house, but also gave birth to a child, the issue of selling shares will be resolved in the same manner.

The only BUT: the spouse with whom the child remains by court decision will have problems selling his share. To alienate residential property, he needs the consent of the guardianship and trusteeship authorities , who must ensure that the child’s living conditions do not worsen.

“This is a technical point. As a rule, the proceeds from the sale of a share are used to purchase larger living space - an entire apartment. In this case, the guardianship authorities will not have any questions,” explained Pavel Astapenia.

The apartment is divided by heirs

Situation: the apartment was inherited by the relatives of the deceased.

If one of them wants to sell their share, the procedure will be the same with the only caveat - to sell the share to a third party, you need to obtain a waiver of the right of first refusal from all co-owners . If there are four of them, then send a notification to each and receive a response from each. If you don't get a response from any of them, wait a month.

The most difficult situation arises when several co-owners want to exercise the right of first refusal. If you sell a stake to one of them, the other will be able to challenge the deal.

“Currently, such situations are not regulated by law. In our practice, there was only one such case when several co-owners claimed one share. As a result, it was not possible to sell the share to anyone,” said Pavel Astapenia.

If there are two owners and three rooms

“If there are two owners, and three rooms, and each of them has 1/2 share according to documents, then no problems arise when selling them to each other.

How can such a share be sold to a third party? They simply explain to the buyer that due to the fact that you have one and a half rooms, and they are not physically divided in any way, you are, in fact, selling one room.

According to the documents, the buyer will have 1/2,” advises Pavel Astapenia.

What should you pay attention to when purchasing?

In the case of shares, Pavel Astapenia advises, first of all, to pay attention to your neighbor. And not only for the person with whom you will have to share the apartment, but also for the residents in the entrance.

You need to carefully examine the apartment itself. There may be hidden flaws in it that even the seller himself may not be aware of.

Ask those who are registered whether all documents for the transaction have been prepared. Depending on the circumstances, the package of documents will be different.

Olga Artishevskaya

How to sell an apartment if one owner is against it?

yacobchuk1/Depositphotos

Anna Gorbenko, consultant to the real estate commission of the St. Petersburg and Leningrad Region Consumer Society, answers:

If one of the grandchildren is against the sale, then the others will not be able to sell the apartment. Sale is possible only with the consent of all owners. However, if the apartment is in common ownership, then the grandmother and one grandson can sell their shares in the apartment, having previously offered to buy out their shares to the second grandson.

To do this, they need to offer in writing to the second grandson to buy out the shares at a certain price, and in case of refusal or if the second grandson does not respond within a month from the date of receipt of the offer, the shares can be sold to third parties (at a price not lower than the offered one!) .

It is worth remembering that when selling shares, the owners lose in price, since when selling the entire apartment, the amount of proceeds will be significantly greater.

How is an apartment divided into shares?

10 facts about joint and shared ownership of housing

Olga Bagaeva, senior lawyer of the national legal service Amulex, answers:

If the apartment is privatized for several people (that is, it is in shared ownership), then it is sold by agreement of all owners. This is provided for by the Civil Code. Thus, it is impossible to sell the entire apartment, which is in shared ownership, if at least one of the residents is against it.

Let's assume that not all people are ready to sell their shares.

In this case, can other co-owners sell their shares to outsiders? Yes, they can, but only if the preemptive right of other residents to purchase the share being sold is respected.

This means that the seller is obliged to notify the other owners in writing of his intention to sell his share in the apartment. The notice shall indicate the price and other terms of the proposed transaction.

If the remaining participants in shared ownership do not buy this share within a month from the date of notification, then the seller has the right to sell it to any other person. If other residents refuse the purchase in writing, the share can be sold earlier than in a month.

According to the law “On State Registration of Real Estate”, transactions for the sale and purchase of shares in an apartment must be notarized. If an apartment is sold to an outsider, the notary is obliged to verify compliance with the pre-emptive right of purchase of other apartment owners.

Answered by lawyer, K. Yu. n. Yulia Verbitskaya:

If one of the shared owners has objections to the sale of the apartment, this apartment cannot be legally sold as a single whole.

Forcing the owner to sell his share in this case is prohibited by law and, moreover, may be grounds for subsequently declaring the concluded transaction invalid. However, there is a way out of the situation. And as many as two.

• Thus, in accordance with the legislation of the Russian Federation, shares in a real estate property can be real (that is, allocated in kind - when the share or shares correspond to a room or rooms in a disputed apartment) or ideal (for example, a ½ share in a one-room apartment).
• Is it possible to remove one of the owners from the apartment?
• How to discharge a person if it is not known where he is?

If the shares are real and allocated in kind, you have a communal apartment, each of the rooms of which can be the subject of an independent transaction, including purchase and sale, donation, barter, etc.

Ideal shares can also be the subject of a transaction, but their value on the market is significantly lower than the real shares (rooms) allocated in kind, since they imply the joint use of all premises of the apartment by each of the owners. This entails inconvenience and quite often becomes the reason for appeals to the courts and law enforcement agencies.

If there is no consent of all owners, then the allocation of shares in the form of rooms, as well as the determination of the procedure for using residential premises, is carried out in court.

The second way out is to sell the ideal share if allocating the real share in the form of rooms for some reason did not work out.

Please note that in any case, you must comply with the pre-emptive right (Article 250 of the Civil Code of the Russian Federation), that is, offer the “disagreeing” owner to buy out your shares at the price of offering them to a third party. If he does not buy back the shares within the prescribed period, you can calmly dispose of your shares and resolve the issue of improving your grandmother’s living conditions.

Elena Mishchenko, head of the urban real estate department of the northeastern branch of the NDV-Real Estate company, answers:

An apartment in shared ownership is sold only with the consent of all owners. In the event of at least one refusal, you will have to sell shares, and not the entire apartment.

This option has its downside: selling in parts is unprofitable. Monetary losses can be about 20-30% compared to selling the entire apartment.

Let's take as an example an apartment with a market value of 6 million rubles. In the event of a complete sale, each owner will receive 2 million rubles. And when selling two-thirds shares, you can only count on 2.5-3 million rubles (instead of 4 million) for two people.

How to sell a share if it is difficult to find all the owners?

Can I take ownership of the entire apartment when my daughter grows up?

The managing partner at the Zagorodny Stil real estate agency, Petr Manko, answers:

In situations where the owners do not agree on the issue of selling real estate, any action should be started only after negotiations with all interested parties.

It is important to involve all owners in the discussion and necessarily their immediate relatives (spouses, children, parents), whose advice, as experience shows, seriously influences the owner’s decisions and at the last moment can either “ruin” or “pull out” the deal.

I usually begin negotiations with owners by clearly defining the reasons and purposes of the sale, as well as selecting counter real estate (or movables) for purchase. This allows sellers to be motivated to sell.

When a person sees the purpose of the sale and his future, he has already mentally “sold” the existing property and “lives” in a new apartment, “spends” money on cars, dachas, business development... In most cases, after discussing the reasons and goals of the sale, we come to an understanding that the categorical answer “I don’t want to sell” hides the true answer “I’m ready to sell, but on the condition that...”.

If all the owners and their family members manage to agree on the terms of sale with the intractable relative, then the problem disappears and the sale can begin.

1. Text prepared by Maria Gureeva
2. Do not miss:
3. All materials in the “Good Question” section
4. How to remove your daughter from registration in absentia in order to sell an apartment?

The apartment was sold without the owner's knowledge. Is it possible to return housing?

I found out that I was discharged from the apartment in absentia. What to do?

The articles do not constitute legal advice. Any recommendations are the private opinion of the authors and invited experts.