How to buy a stake in the apartment

Buying a share in the apartment right is considered one of the most difficult real estate operations. Often housing owners can have a different opinion on the subject of sale of one of the parts to a third party. It is worth noting that the concept of "share in the apartment" is not entirely correct, the correct definition is "share in the right of ownership of the apartment." Let's figure out what rights to this term gives the Buyer by law.

The right of common property is provided to persons who are jointly owned by any property. It can be joint (when the shares are not defined) and the share (when its share is fixed). Determining the boundaries of its share in the apartment is only possible to distinguish it in kind. This can be done through the court or having agreed with other co-owners.

If square meters of housing allow for each part to create a separate entrance and personal subsidiary premises, then it is not difficult to identify a stake in the apartment. If it is not possible to do this, then the question is solved either in court or under the contract between the parties. If it came to the trial, it will take into account the life circumstances of all co-owners, and you risk occupying a smaller residential premises, even if your share in the right of ownership of the contract will be more.

The right of preferential purchase have the remaining owners of the housing, so the seller in his hands should be a written refusal of all owners of ownership or written evidence that confirm that he informed all the other owners to sell part of housing.

In more detail with your rights as the owner of a part of the property, you can find articles 246 and 247 of the Civil Code of the Russian Federation. Remember that you cannot prohibit other co-owners to enter the "alien territory" if your purchased part is not highlighted in kind.

You can register at the place of residence without the consent of future neighbors, but if you want to register your family, then permission will be required. Therefore, it is better to immediately buy a share for each family member (i.e. divided the part that you bought by the number of family members).

As you can see, buying the share of apartments - the procedure is complex, but real. The main thing is to pre-take into account all the formalities and get acquainted with your future rights and duties, take into account the human factor.