After obtaining consent from the guardianship authorities, the sale of the share will have to proceed according to the usual scenario: to separate it from the general mass and offer it to other owners. How to sell a share in an apartment without the consent of the second owner? Cases when the owners cannot amicably agree on the sale of shares, unfortunately, are not rare. There are also a lot of nuances related to certain circumstances: for example, the location of the owner is unknown, or he simply evades a substantive conversation about the allocation of part fractional ownership from common property. How to sell a share in an apartment in this case? The main postulate is that anyone who allocated it in kind or through a court can sell a share in an apartment. At the same time, other owners cannot prevent the sale of a share, although they have a priority right to acquire it.
How to sell an apartment if the second owner is against it?
Attention
If the owner decides to sell a share in the apartment, then he must first of all offer other owners of the shares to buy out theirs. This is called the preemptive right to buy a share.
Info
The owner of the share must notify the other owners in writing of his intentions, and give them a month to make a decision. THIS IS A VERY INTERESTING AND IMPORTANT POINT: Very often people confuse the right to pre-emptive purchase of a share in an apartment with permission to sell.
And these are different things. Feel the difference between the concepts (I will repeat them): “RIGHT TO PURCHASE A SHARE IN THE APARTMENT THAT THE OWNER OF ANOTHER SHARE IN THE APARTMENT HAS” and “PERMISSION TO SALE”, which no one has.
How to sell a share in an apartment in 2018? step-by-step instruction
Important
If the neighbor does not agree to such options, then this problem will have to be solved only through the courts. It is much easier to sell 1/2 share of the apartment if the dwelling has 2 or more isolated living rooms.
Of course, in this case, the price for real estate will be lower all the time, but if necessary, buyers for this option can be found. Pitfalls Realtors note that in the process of selling a share, many difficulties can be encountered.
First of all, this may be due to the fact that some co-owners confuse the concepts of "primary buyout" with "permission to sell." For example, they may avoid receiving a letter of notification of the sale of a share, and it is not possible to register a transaction without their written refusal.
Unfortunately, the Civil Code does not say anything about what to do if the neighbors do not meet.
How to sell 1/2 share of an apartment if the second owner is against it?
Russian legislation has changed since 01/01/2016 and now this article does not fully reflect the legal features of the sale of shares. For more information, please contact your local notary.
Published June 6, 2016 Signed June 2, 2016 Accepted State Duma May 20, 2016 Approved by the Federation Council on May 25, 2016.
Contribute to the federal law dated July 21, 1997 N 122-FZ "On state registration rights to real estate and transactions with it” (Collection of Legislation Russian Federation, 1997, N 30, art. 3594; 2001, N 11, art. 997; 2004, N 35, Art. 3607; 2005, N 1, art. 22; 2016, N 1, art. eleven) following changes: 1) in article 24: a) paragraph 1 shall be stated as follows: “1.
Sale of a share of the apartment. or how to sell a share in an apartment?
The owner must have a document indicating the share belonging to him. For example, the right to 1/2 share of the apartment or 50% total area. Important! First of all, they try to allocate shares in kind. For example, if the number of rooms in an apartment is equal to the number of owners, then everyone can get a separate room.
The division of this type is carried out by agreement of the participants. If it is impossible to allocate a separate room, for example, in one room apartment, the room is divided by square meters.
In the right of ownership, such a share is displayed as a percentage or fraction of the total area. The sale of a share is carried out in the same manner as the sale of the entire apartment.
But there is also some nuance. The remaining owners have a priority right to acquire a share. Only if they refuse is it possible to conclude a transaction with a third-party buyer.
How to sell a share in an apartment
In 2018, this is an extract from the USRN, which indicates the size of the seller's share;
- title documents for the apartment, allowing you to check the basis for obtaining a share in the property;
- cadastral passport of the apartment, indicating cadastral registration and the main characteristics of the premises;
- technical passport of the premises, confirming the absence of unauthorized redevelopment or reconstruction;
- written refusals of the owners of the pre-emptive right to purchase or confirmation of the notification;
- notarial consent of the spouse to the sale of the share (if the seller is married).
In the presence of required documents a contract for the sale of a share of an apartment is drawn up. It states:
- data of the parties (full name, passport data);
- description of the subject of the transaction.
How to sell a share in an apartment - what is the difficulty?
In order to avoid litigation regarding the sale of a share of common housing, a pre-emptive right to purchase a share by other owners is provided. For this reason, the sale of a share involves prior notification of all co-owners of the desire to sell their part of the property. Within a month, the owners must answer whether they wish to buy the proposed share at the seller's price. If several owners have expressed a desire to conclude a deal, the seller has the right to choose to whom to sell the property.
In case of refusal, you can look for a third-party buyer and conclude a sale and purchase deal with him. The legislative framework Article 244 of the Civil Code of the Russian Federation states that property owned by two or more persons is in shared ownership with a definition of the share of each or in joint ownership without determining the shares.
Sale of an apartment with several owners
True, for this you will have to go through such a troublesome procedure as the allocation of a share. This means that after the privatization, each of the co-owners owns a mandatory certain share.
It can be expressed as a fraction. For example, a two-room apartment has two owners, the share of each of them is ½. If we talk about a share in kind, it turns out that each person owns one of the rooms, and they will own common areas (kitchen, corridor, pantry) jointly. Moreover, after the allocation of a share, they will also have the right to use the above premises. In this case, the share of each becomes personal, and the neighbors will remain co-owners. Joint property can also be divided. This is, as a rule, a complex and lengthy process, after which the common property will be canceled, and only one person will become the full owner.
How to sell a share in an apartment if the second owner is against
Thus, the sale or purchase of a share may be accompanied by various nuances, which should, but, unfortunately, do not always provide for such regulations, as the Housing, Family and Civil Codes of the Russian Federation. How to sell a share in an apartment? What to do if the share is owned by a minor? Is it possible to sell a share if the transaction is not approved by other participants in the shared ownership? How to sell a share in a mortgage apartment? The procedure for selling a share in an apartment You can sell only a dedicated share - one that is clearly defined in the total mass of shares, and which can be assessed. In practice, the owner always has to resort to the allocation of shared ownership in kind, that is, to determine which and how many premises are included in this share. It is believed that the allocation of shares should take place by mutual agreement of the owners. Otherwise, the court will decide the issue.
How to sell a share in an apartment if the second owner is against 2017
When selling a share in violation of the pre-emptive right to purchase, any other participant in shared ownership has the right, within three months, to demand in court that the rights and obligations of the buyer be transferred to him. However, this article of the code does not provide for the case when other owners of shares in an apartment evade receiving such notification from the seller.
More often, for a more correct notification procedure, the owners - sellers of shares - turn to a notary (which is correct), however, notaries do not always issue necessary information, if it was not possible to deliver the notice to the other owner. And then a situation arises that the Federal Registration Service (FRS) refuses to accept documents for the sale of shares to an outsider, unless other owners are notified.
How to sell a share in an apartment if the second owner is against 2016
The registration of the procedure for the allocation of a share is drawn up by a notary, no oral agreements, of course, will have legal force. At the same time, if the co-owners do not come to a common decision, then this issue must be resolved only through the courts.
As a rule, the claim is filed by the owner who wishes to carry out the procedure for allocating a share. Litigation can drag on up to six months or longer (especially if other participants do not go to meetings).
Sale of a part of the apartment After the allocation of a share, the owner has the right to sell it. But before doing this, it is necessary to offer to redeem your part to other owners. By law, before selling a share in an apartment, other owners should definitely send a written notice with a proposal to make a purchase. This document indicates the cost and technical characteristics of the dwelling.
Joint, or shared, ownership of an apartment means that the apartment is owned by several people, each of whom has the right to dispose of his share at his own discretion, without violating the rights of the other owner. In practice, this means that the law prohibits selling a share in an apartment without the consent of the second owner. But the situations are different, and the lack of consent of the second owner does not mean that the redemption of a share in the apartment is impossible. The main thing is to know the law and do everything right.
If the owners agree among themselves and decide to sell the property, then no problems usually arise: the apartment is sold, and the money is divided in proportion to the size of the shares. But "when there is no agreement among the comrades," the law regulating the sale of joint property comes into play.
According to the Civil Code of the Russian Federation, owners of shares in an apartment have a pre-emptive right to purchase - before putting up their share for sale, the owner who decides to sell must offer it to other owners. And only if they refused the purchase, it can be sold to a third party.
But what if the other owner does not sign a refusal and does not agree to buy a share? Go around the law? In no case! There is legal way sell a share in an apartment without the consent and even with direct opposition from the second owner.
Step-by-step instructions on how to sell a share in an apartment without consent
In a conflict situation, one must strictly adhere to the letter of the law, bearing in mind that the other side can challenge any step in court. Therefore, all documents must be in order and all actions must comply with the requirements of the law. So, you need to sell a share in the apartment without the consent of the second owner.
Step 1. Decide on the terms of the sale. You must offer the second owner to buy the share under the same terms and conditions under which you plan to offer it to third-party buyers. If subsequently the share in the apartment is redeemed at a lower price, the second owner will be able to invalidate the transaction. The only exception is the sale at a higher price, here the law will not have any claims against you.
Step 2. Offer the second owner to buy out your share. This must be done in writing, having received evidence that the document was handed over to the second owner. By law, the second must also refuse in writing to acquire your share so that you can freely sell it. But this is possible only if the second owner is not against the sale. Otherwise, he will refuse to accept the paper, will hide and delay with an answer. But even in this case there is a way: an offer for sale can be sent by registered mail with a description of the attachment. Moreover, it should be sent to the registration address of the owner, which is indicated in his passport.
Step 3: Wait 30 days from the date of delivery/sending/receipt of the sales offer. If you do not receive a response within the specified period, you can sell your share on the open market.
It seems that everything should end at this moment, but in fact, transactions for the sale of shares are one of the most complex and problematic in the practice of buying / selling real estate. Therefore, it is better to contact professionals who will do everything right and save you from problems.
Although, part of your property in this matter will depend on the circumstances of the divorce and the number of children in the marriage. Although, the property that was received by will is also a delicate matter - if it was not bequeathed to a couple, then it will not be possible to divide. The contract of sale concluded before marriage concerns only your boyfriend, and after the wedding the two of you already. You can, of course, and without a wedding, to prove the fact of cohabitation, joint purchase, and so on. But this is long and painful. And then, only in the presence of checks, documents and witnesses is provable - if these checks and documents contain your name. the system chose this answer as the best First, I congratulate you and your young man on such important event in life - a wedding, marriage. And I am glad that despite the pleasant excitement, you do not forget to think about the future (which may not turn out the way you would like).
Can there be two owners in an apartment?
Yes, when purchasing an apartment, you and your young man (whether before marriage or after) can buy it in shares (either evenly 50/50, or in accordance with the funds contributed). And you will become co-owners of the apartment. In the future, neither of you will be able to sell your share without notifying the other co-owner; when selling an apartment, you will divide the money in accordance with your shares.
If the apartment is purchased during marriage, it is considered joint property, regardless of whose funds it was purchased with. But even without formalizing your relationship, you can purchase real estate in shared ownership, indicate this in the contract of sale and the size of the shares, you can 1/2 each or otherwise.
If you are considering a divorce before you get married, then consider drawing up a marriage contract, it is now popular.
Is it possible to register an apartment for two owners?
Info
Two owners of a participant in joint shared ownership determine the procedure for using a two-room apartmentread answers (1) Subject: Left on the streetHelp resolve the following question. Our family consists of 3 people, I am a mother and an adult sister read answers (1) The apartment has two owners.
They want to sell this apartment. How is a contract for the sale of an apartment concluded: one contract with 2 sellers and one buyer? 1) Subject: Judgment I have a question. AT one-room apartment two owners with 1/2 shares.
(shares not shown). On the this moment four people are registered in the apartment read answers (1) Subject: Apartment of a minor Help resolve the issue.
two owners
At the moment, the contract has been signed, but they refuse to connect again, citing the fact that Management Company owes them money in the amount of 80 thousand rubles. But I, as a consumer, have something to do with it, I have paid a receipt for connection, a contract has been drawn up, and I remain the last one in the dispute between the two organizations.
What to do next? Can I sue or will I still be denied? Read answers 1 answer utilities I am officially married. My husband and I have a common child born in 2010. My husband and I have not lived together since February 2012.
Where and with whom he lives, I do not know. We are still not divorced. I filed for alimony in April 2012, the alimony from his place of work is transferred steadily to me and the child.
My child and I are registered and live together in a two-room apartment, 1/2 of which I own, and 1/2 of which is my father.
Features of buying an apartment from two owners
If the second owner does not live at the location of the property, his place of residence is unknown, the purchase and sale transaction can be made without his consent. This will require a court decision declaring a person missing.
But if the missing person turns up within a year and claims the property, the deal will be cancelled. 6 If one of the owners refuses to sell his share, he can be offered to buy your share. In this case, it is better to write a letter with a notification in which you indicate the price, general terms and Conditions sales.
If the second owner is a minor, a person of limited ability, incapacitated, you should obtain permission from the guardianship and guardianship authorities to sell the apartment. In such a case, it may be necessary to provide the incapacitated person with a similar living conditions living space.
How to sell an apartment if there are two owners
- neighbors play important role in the deal because they have the pre-emptive right to buy. That is, they must document their refusal to purchase the room so that it can be sold to a third party. Otherwise, buying a room is no different from buying an apartment.
Here, the shares are specifically determined by the number of meters, while with joint ownership, the division into shares is conditional.
Here you also need to make sure:
- The competence of the seller.
- The absence of encumbrances on living space.
- Absence of registered minors and citizens serving sentences.
- The seller's legal capacity (obtain a certificate stating that he is not registered with a psychiatrist and neurologist).
Back to contents ○ Purchasing an apartment in a house under construction.
Important
But here there are varieties, property can be:
- Equity (when the shares in the apartment are strictly defined, as a rule, they are equivalent).
- Joint (when no shares are allocated, but the apartment has two owners; this most often happens when acquiring real estate in marriage, registered to one of the spouses).
It is worth noting that common joint property can be made shared. The owners draw up a contract, where, as agreed, they allocate their shares, and notarize it.
Shares in an apartment can be sold separately, but this cannot be done in joint ownership - you can only sell the entire area. Thus, possession and disposal square meters on the basis of ownership carried out by two people, but for different reasons.
Legal advice on issues of two apartment owners
The standard contract involves the participation of two parties. But that doesn't mean there can't be more of them. One example is buying an apartment with two owners.
In this case, a certain algorithm of actions is required, which we will discuss in our article. Contents of the article ○ Shares in the apartment. ○ Buying an apartment in parts.
○ Owner consent. ○ Risk factors. ○ Rights of minors. ○ Loan apartment. ○ Apartment in the common property of spouses ○ special kind shared ownership - Communal apartment. ○ Acquisition of an apartment in a house under construction. ○ Legal advice: ✔ Do I need to pay an advance or a deposit to sellers? ✔ What if there is a prenuptial agreement? ○ Shares in the apartment.
Can an apartment have 2 owners?
If your young man is considering a future relationship in this way, he can purchase an apartment in the name of his mother, then you will not be able to apply for a divorce. comment Good evening! Yes, of course, the apartment can have two owners. Very often spouses do just that. Draw up an agreement equity participation in the construction of an apartment building (may be called differently) for two.
Attention
Then they formalize the property for two in equal shares or with the allocation of shares and each receives a certificate for his part of the property. And, of course, if it comes to a divorce, then your share will remain yours and will not go anywhere.
Property can always be divided into several shares - the number of shares is practically unlimited. If you wish, you can arrange an apartment in equal and unequal shares - this is how anyone likes it.
Since it was originally planned that the apartment would be given to me as a gift, and the apartment was in a deplorable state, my husband and I made overhaul(gas supply, replacement of heating, sewage, plumbing, replacement of tiles in the bathroom and bathroom, replacement of interior and entrance doors, complete cosmetic repairs). There were no written agreements between us. All communal payments we are paid in full and on time. Recently I had a family conflict with my parents. After that, my parents offered me either to pay rent for an apartment (very large by the standards of our village) or to move out.
Please tell me who should pay now this debt that is listed for the apartment, and if my husband has to pay, then you can somehow reduce the amount on the basis of the fact that he did not live there and was not even there even once after buying the apartment. And what the neighbors say former owner after the sale of the apartment, he lived in this apartment (he broke the lock, put his own and lived in this apartment for more than three years).
Thank you very much in advance for your answer Read answers 1 answer Deny registration Mom and I live together in a two-room apartment. I and she are owners of equal shares in it. My older sister is also registered in it, who has not physically lived in it for more than 10 years, and a voluntary refusal was issued from privatization. The sister has a minor son, 14 years old, who has been living with his father and grandmother for 10 years. The sister did not communicate with the child for 10 years.
Can an apartment have two owners?
I contacted the guardianship authorities, they said that they had nothing to do with this transaction. Because the child is not registered with them, is not the owner and is not registered in this apartment.
The buyer substantiates his request for this paper by saying that the child will grow up and go to court with a lawsuit to invalidate the privatization. I have a question: have I really violated the rights of the child, and what should I do now. Read answers 1 answer Is it legal that \\"Gryazovetsraygaz\\" do not connect gas in the apartment, because of the debt to them of the management company I inherited 1/2 of the apartment.
due to debt about 8 years ago, gas was turned off.
At the moment, the debt has been repaid (since I am the new owner), but the gas is not being connected. The grounds for refusal from "Gryazovetsraygaz" was the following, that the management company of our village does not sign an agreement for Maintenance with new rates.
Cases where real estate is in shared ownership are not rare in the practice of lawyers. And very often they have to resolve disputes that arise because of this. Today we will try to deal with the question of what to do when the owner of the second share of the property does not want to sell it.
Here we will consider the situation in general, but you can get advice on a specific problem from a lawyer of the Pravosfera company. All possible options for contacting a specialist are available on our website.
Sale of shared real estate
If you own a share in an apartment or house, and this state of affairs does not suit you, then there are several ways to solve this problem.
- Offer the second owner to sell the property and divide the money in proportion to the size of the shares. In this case, it does not matter the number of people, the presence of children or permanent residence in this living space.
- Sell your share of the property to the second owner or, if he does not agree, to an outsider. However, one must remember about the pre-emptive right to redeem a share by a co-owner.
- Offer the second owner to buy the share from him. In the future, the apartment can be sold or used alone.
Important! If the second owner categorically refuses to resolve the problem peacefully, then you can act independently, for example, sell your part. However, in such a situation, it is necessary to strictly observe the legal order so that the transaction cannot be challenged.
Example. Two brothers inherited their father's apartment. When registering the inheritance, the lawyer offered to immediately allocate the shares of each of them, which was done. One of the brothers suggested to the second, in order to eliminate disagreements, to sell the property, and divide the money in half, since each of them became the owner of half of the apartment. To which a categorical refusal was received, motivated by the fact that this is the memory of the father. The share of the brother, who actually did not need this living space, since he lived with his family in another region, the co-owner also refused to redeem due to lack of funds. The lawyer, to whom the citizen turned, advised to sell his share to an outsider. All formalities were observed, and after a while the deal took place.
Is it possible to force the owner of a share of real estate to sell it?
Of course, no one can force a citizen to conclude a deal against his will, in the same way as to oblige another owner to put up with the fact that he cannot fully use real estate. The law provides for the options mentioned above. Consider the most popular option - selling your own share. So, you have legal rights to part of the property, you are not ready to live in the same apartment with strangers and want to resolve the issue, but the second owner does not make concessions and rejects any proposals. You also cannot declare his share as insignificant, since it is not. The only option left is to sell your part. You will have to go through several steps.
- Offer the second owner to buy your share. Moreover, this must be done officially, that is, write a letter and hand it in either in the presence of a notary, or send it by registered mail to record the fact of receiving the offer.
- Expect 30 days. This is the period established by law for considering the proposal and making a decision.
- If the owner of the second share does not respond to the message in any way, or refuses (preferably in writing), then you can put your share up for sale. The main condition is that the price must be the same for which you offered to buy out the share to the second owner.
- After a buyer is found, you can make a deal according to the usual rules.
Documents required for the sale of a share of real estate
To conclude a contract for the sale of a share of real estate, it is necessary to collect the following package of documents:
- personal passport;
- title document for a share of property;
- proof of the refusal of the owner of the second share to buy out part of the property;
- technical passport of real estate with a plan, which indicates the share to be sold;
- personal account statement;
- information about citizens registered in this housing area, if any.
Also, in some situations, other papers may be needed.
Legal support for the sale of a share of property
It is not difficult to sell a share in real estate, but some nuances should be taken into account so that in the future the transaction cannot be invalidated. Consult a lawyer of the Pravosfera company, who, depending on your specific situation, will draw up an optimal algorithm of actions.
The specialist can also guide you so that you do not make a fatal mistake. He will be present at all official meetings and will help to conclude an agreement in accordance with the requirements of the law. If necessary, a lawyer will join the case at any stage or hold an urgent consultation at any time of the day. Our specialists work for you, so you can be sure of a positive result!
