Purchase of a share in the apartment: underwater stones and answers to all important questions

What is the preferential right of purchase and who has it? Is it possible to sell a stake in the apartment where the child is prescribed? What if there is an encumbrance? We answer these and other questions about the process of buying a share in the apartment.

Buying a share in an apartment with all underwater stones and incomprehensible rules seems too complicated or even impossible. Many are afraid of fraudsters who survive their neighbors and forcing them to sell their part for a snot. The risk is really there, and it is large, but on the other hand, such a solution has many advantages. It is perfect for those who are tired of paying a rent and decided to acquire their housing. If the funds for the purchase of "doubles" or "odnushki" is not enough, this method becomes quite acceptable. The law leading to this process is based on a simple principle - with any financial transaction with real estate, the interests of all its owners must be observed. Even if they do not participate in the transaction.

All about buying a share in the apartment

1. Differences of joint and share ownership
2. Preferential purchase right
3. Conditions for buying a share in the apartment where the child is prescribed
4. Purchase of a child's share
5. Actions with illegal redevelopment
6. Municipal payments
7. The presence of encumbrance
8. Getting a share of the total area
9. Consent spouses
10. Procedure for making a deal

1 What is the difference between joint and share ownership?

The main definitions establishes the Civil Code of the Russian Federation.

• With equity ownership, each of the owners own its own part. Only in this case can it be bought or selling it.
• With a joint - the object is in general possession. It can be divided into the consent of the parties or by the court decision, when at least one of the parties insists on this. Accommodation is usually acquired in marriage and is shared by property.

It should be noted that the layout of urban multi-storey houses does not provide for the second separate outlet of the staircase or to the street. A coordinating such redevelopment is quite difficult. The area, as a rule, remains one.

2 Who has the preferential right to buy a share in the apartment?

According to Article 250 of the Civil Code of the Russian Federation, all owners have the priority right to buy square meters for the price appointed during the sale. Public bidding and transfer free of charge are exceptions. By law, the Seller must send written notices with the remaining owners indicating the price and other conditions. For the purchase of them one month, after which the seller gets the possibility of concluding a deal with a third party. They can file a written application with refusal of their claims. In this case, long to wait. If the proposal is changing, it is also necessary to report.

When several priority applicants immediately appear, the dedicated meters receive the one who offers the best conditions. It may be a husband, a wife or a person who is not a relative. No privileges dependent on the degree of kinship are not provided.

In violation of Article 250 within three months, it is a lawsuit in the district branch of the court.

Attempts to bypass the law are not always completed successfully. Making a donation act on a third party, there is a risk of not getting the amount of money from it. In addition, even having received the promised fee, the sellers remain with anything. After all, in fact, such an operation is a purchase and sale act. Prove it in court is not at all difficult.

In order not to become a victim of fraudsters or make a mistake yourself, it is better to enlist the support of the lawyer. Some solutions are correct at first glance, often lead to undesirable consequences.

3 What should I do if a child is registered in the apartment?

If a child is prescribed on the square, you need to get consent to alienation from the guardianship. It is necessary to protect it from the actions of a potential criminal and protect against conflicts. The term of agreement is one month, therefore, it is limited to last.

Package of documents for guardianship

• Passport guardian.
• Birth certificate.
• Extract from EGRN.
• Application for permission to conduct a transaction.

It is not excluded that other papers will be required.

4 How to buy a child's share?

It is necessary to check whether the seller keeps the rules, whether he does not hide the fact that one of the challengers per square meters is a minor.

Terms of sale of a share

• The child has a different housing. You can not allow him to stay on the street.
• It will have a permanent registration at the new address.
• After registration of the contract for the sale of the share in the apartment, the living conditions in a new place should be no worse than the previous ones.

For the sale of a child's share, you also need to collect paper from the list of the previous item. Recommended right-ending documents for new housing.

5 How to buy a stake in an apartment with illegal redevelopment?

Any changes requiring display in a technical passport or on the Plan of BTI should be agreed in government agencies. Some changes cannot be coordinated. All permitted events are performed on the project to be ordered in an engineering organization with a license to carry out project work. Often tenants are redeveloped on their own. If it does not apply to forbidden events, and no harm is boring, it can be legalized. Otherwise, sell square meters will not succeed.

Of course, it is better to refrain from such actions. First, they are illegal, and secondly, there are often disorders during the examination, which cannot be detected independently. As a result, the new owner is forced to carry out overhaul.

Buyer, as a rule, causes an employee from BTI. It makes inspection, measurement and notes all inconsistencies with a passport and plan. Perform real estate transactions when discovering violations is prohibited. In rare cases, the seller manages to negotiate with the buyer without inspection. This makes sense only when the state of the house and the comfort of the neighbors does not threaten anything. For example, the owners demolished the wall cabinet and expanded the opening in the partition, not experiencing any loads, except for their own mass. Development of project documentation and coordination will take more than a month, and there is no time to wait - it is necessary to enter urgently.

6 How to be with debts for utility payments?

When buying out the share in the apartment, it is necessary to pay special attention to paid receipts for utilities. With their absence, you should contact the MFC and take an extract for the absence of debts.

To simplify further calculations, the new owner can contact the control campaign and ask to reset all the counters.

Old debts after signing the contract of sale should pay for the former owner.

In order not to solve this issue through the court, it is better to check everything in advance. The court almost always makes a decision in favor of the new owner, but the proceedings take away a lot of effort and funds. In addition, the process will go, there is a risk of staying without water and electricity.

7 What should I do if there are burdens?

They are superimposed both on the whole area and on its part. To find out if they, you need to carefully read the statement from EGRN. To obtain it, contact the MFC. The service is paid. Its average cost is 350 rubles, but this is the only way to find out the truth about the property acquired.

Mortgage is an encumbrance. In this case, it is necessary to carry out a transaction not only the consent of the owners, but also the bank that issued a loan. Financial institutions often respond to refusal, as they do not want to take on the risk associated with the change of the owner.

The simplest solution is early repayment of debt, but it is not always feasible. If the buyer is a person with predominant right, the risk is minimized.

8 How to get your share of the total ownership?

The co-owner of the object of real estate may require the separation of its part. In case of refusing to other co-owners, he should go to court and insist on the compulsory redemption of the share in the apartment. The object can not be divided.

There are situations when restrictions imposes a law or layout of housing. Then the person who submitted a claim receives compensation equal to the value of its square meters. Compensation is also paid in the unimprovation of the site. Payment is made in mandatory instead of separation of square meters.

Payment of compensation

• Share is insignificant.
• It can not be allocated and degraded from the rest of the territory.
• The person who has submitted a lawsuit has no significant interest in it. The presence of essential interest is determined by the court. To identify it, the evidence is required that the person needs an object by virtue of age, professional activity, other circumstances.

In other cases, the cash payments can be abandoned in favor of obtaining its part.

9 Does the consent of the spouses when buying?

Any area acquired by the family is considered common property. This rule applies to everything that is married. Square meters purchased before or after marriage belong to someone who paid for them and issued their rights.

Article 35 of the Family Code of the Russian Federation states that when registering may need notarized written consent of her husband or wife. The court recognizes the act of purchase and sale by invalid on the demand of her husband or wife and if there is evidence that one of the family members was against the agreement.

The spouse can file a lawsuit during the year from the day when he became aware of the signing of the contract.

10 How to make a deal correctly?

First, the seller must allocate its part of the total property. It is considered allocated from EGRN from EGRN.

It should be checked if there are encumbrances, illegal redevelopments or other factors that prevent acquisition. It is necessary to conduct a survey, inviting the Employee of BTI and experts from engineering campaign. It is desirable to make an inspection certificate or inventory.

When buying out the share in the apartment from relatives or other co-owners, the seller does not need to send notifications indicating the price and other conditions. In other cases, it is necessary that they can realize their preferential right without difficulty. Since the placement of advertising ads must pass the month, after which the preferential right loses its strength. The question will be solved faster if co-owners write a notice that they do not claim allocated square meters.

When changing the conditions will have to wait another month. Buyer, insisting on their change, risks to remain with nothing, because more favorable conditions can arrange tenants. To insure itself from unwanted consequences, it is better to require a copy of the failures of all owners.

When the object is checked and all the papers are assembled, the parties conclude a sale agreement. It is compiled according to the standard sample.

Mandatory purchase and sale contract

• Passport details of all participants.
• Information about the object - address, area, other parameters.
• Data from the remaining tenants.
• Rights and obligations of the parties.
• The procedure for calculations.
• Other conditions - at the request of the parties.

The paper is assigned in the notary. It can help with its preparation and provide technical support for the transaction. Then extract from ERGN.

In a new building, not commissioned, you will need to sign an act of receiving the area. Calculate. Executive dissection is issued. There is no single sample for it.

Document package for seller

• Passport.
• An extract from EGRN, the act of purchase and sale, donation, wills, etc. Perhaps the act of donation contains the conditions under which the sale is impossible. It is possible that in the act of privatization it is indicated that persons who refused their share retained the possibility of living in the square.
• An extract from the house book - from it you can find out whether the minor is not registered.
• Technical passport and BTI plan - to check if there is no illegal reorganization or redevelopment.
• Notarized the consent of the second spouse.
• Failures of all co-owners.
• Permission of guardianship organs.
• The certificate of the absence of debts on utility payments is issued by the Management Company.

For registration of rights to housing, it will be necessary to pay state duty in the amount of 2,000 rubles. from each new owner. It should be found in advance who pays for the services of the engineering company, the agency who posted advertising and searching for customers. Often the former owners offer to pay these costs in half. To avoid misunderstandings, it is better to solve this issue in the first place.

Sometimes the seller and the buyer are looking for workarounds to speed up the transaction process. Even if they do it by mutual agreement, they risk to remain with nothing. It is not worth a hurry and advertise, not having time to figure out how to buy a stake in the apartment from a relative. First you need to discuss everything, then consult a lawyer, weigh all the "for" and "against". And most importantly, in no case, it is impossible to make mistakes in the design of attitudes on its representatives. At the power of attorney, their capabilities should be clearly spelled out, not allowing to dispose of someone else's property from its own behalf.