There are such cases when the apartment is not alone, but two owners. This situation arises if the apartment was privatized to the joint property of people living in it, was acquired in marriage, was inherited, when investing in the purchase of real estate means of several people. When the sale of an apartment decorated on two owners can arise some features.
1
The apartment refers to an indivisible property, it is difficult to actually identically distinguish their shares, so the sale of purchase and sale causes a lot of difficulties. Often, it is impossible to relevant to the owners regarding the use of joint ownership. Common property can be two species: total joint property, total share ownership. In the second case, the proportion of the property of each of the owners is determined, and in the first - no. Most often, the common property on property is precisely equal. An example can serve as a privatized communal apartment, when each owner owns one, several rooms.
2
The rights of the owners are equal to each other, a general positive solution should be achieved for sale. A common share ownership participant has the right to sell its share exclusively (utility apartments are an exception), even if he has the consent of other ownership participants. This is due to the fact that to make such a transaction it is necessary to allocate shares in nature.
3
A communal apartment is a common share ownership: each tenant has its own room, the public seats are considered to be joint property, the section is not subject to. To sell a room in a communal service, you need to determine the shares in public areas. To this end, an agreement is drawn up between the owners (notarized). If the second owner of the apartment does not come to contact, you need to go to court. It should be remembered that there are some limitations for the sale of rooms in a communal. If the establishment of new owners will lead to the deterioration of the living conditions of neighbors, the transaction can be invalid. In addition, legislation prohibits the instill in the room of a communal apartment of persons suffering from severe forms of diseases. Initially, the proposal to sell the room should enter other owners (neighbors) in writing, and in the event of their refusal from the sentence, a month later, the room can be sold to unauthorized persons.
4
If the apartment is a common joint property of spouses (she was privatized or bought in a married property; presented to both spouses; obtained by both spouses inherited), for the sale of an apartment, one of the spouses will need notarized consent of the second. It can be decorated separately and brought to make a deal with the first spouse, or both spouses come to the transaction together and sign all the necessary paper. Moreover, the spouse, signing consent to the transaction, can designate certain conditions for its holding (for example, the sale price, a particular person who he agrees to sell, so on.). The same applies to other related links: it is necessarily necessary for the sale of an apartment.
5
If the second owner at the location of the property does not live, his place of residence is unknown, the sale transaction can be done without its consent. This will require a court decision on the recognition of a person who is missingly absent. But if during the year the missing person will be discovered and the rights to real estate will declare, the transaction will be annulled.
6
If one of the owners refuses to sell his share, he can offer to buy out your share. In this case, it is better to write a letter with a notice in which to specify the price, the general terms of sale. If the second owner is a minor, a limited person, incapable, should be obtained permission in the bodies of guardianship and guardianship for the sale of an apartment. In this case, it may be necessary to provide an incapacitant person similar to housing conditions.
7
The sale of an apartment that has two owners, does not differ from the standard sale and sale transaction. You need to get an extract from the cadastral passport, write down the owners from the housing, to get a certificate that all tenants were discharged. Based on the specified documents (plus the consent of the second owner, the decision of the court, the guardianship bodies, guardianship, if necessary), the contract of sale, the act of acceptance and transmission is notarized, is not registered with the ownership of new owners of the apartment.
Sale of an apartment that has two owners, can cause difficulties, difficulties. It is best to turn to an experienced lawyer who will advise how best to enter your case.
Share advice:"How to sell an apartment, if two owners"
All the essence of the article in the last 3-dimensions) for such transactions without supporting the lawyer is better not to be taken, and then, no matter how cool, and without the consent of the 2nd person, selling sales. I know what I'm talking about - myself recently came across such. It is impossible to reach the former husband, it does not pay for the apartment, but I am alone for a 3-room one, so I decided. But the benefit, agreed to exchange. Avito was given an ad, they sold in speed.
0
3194
Good article
All the essence of the article in the last 3-dimensions) for such transactions without supporting the lawyer is better not to be taken, and then, no matter how cool, and without the consent of the 2nd person, selling sales. I know what I'm talking about - myself recently came across such. It is impossible to reach the former husband, it does not pay for the apartment, but I am alone for a 3-room one, so I decided. But the benefit, agreed to exchange. Avito was given an ad, they sold in speed.