It happens that the apartment has several owners and it is divided into shares that are not always equivalent. But one day the moment comes when you need to sell it, and here you should even know the nuances of Russian legislation, regarding private property and real estate transactions. In this article, we will consider the most common options with which you can face when selling housing, divided into share.
The most favorable option for selling share ownership is a transaction by mutual consent of the shareholders. Those. They agreed to sell their parts in the apartment and share the money disengaged depending on its size. To do this, first of all you need to collect two packages of documents from each owner. They should include:- Passport owners;
- Certificates of property registration (or order and act of privatization);
- Contract of sale and act of receiving and transmission (if housing was bought);
- Issue from Rosreestra EGRP;
- Technical passport for real estate from the technical inventory bureau;
- Cadastral passport on the apartment;
- Help is tax Inspection on the absence of tax arrears;
- Help information about the family composition and the absence of debt per apartment;
- Notarized consent of spouses on the transaction (if any).
Sample family composition on our website.
An example of filling out a family composition certificate here.
It happens that one of the shareholders does not agree with the sale of its part of the housing. Then suggest it to redeem your share by sending a message on the sale of your share of housing in writing. If you do not receive an answer within 31 days, you will have to refer to the notary with the postal notification of sending a letter. The notary will be a certificate of refusing the preemptive right to acquire a share that the other shareholders possess. For the implementation of the transaction, you will need all the listed documents in paragraph 1, a notarial evidence of refusal, the contract for the sale of a share and act of acceptance and transmission.Sample contract for sale in the apartment we have.
An example of filling in the contract of sale of a share in the apartment here.
But the most difficult when one of the apartments belongs to a minor child, because By virtue of their age, he cannot give consent to the sale of an apartment. In this case, the only solution is to design a child of a tantamous share in another residential real estate. Only then the guardianship authorities will be given a certificate of agreement on the transaction. When selling housing, you will need a standard package of protrasting documents, a child's birth certificate and a custody document.Sample application of parents in custody You can download here.
An example of filling out an application for care on our website.
It happens that the apartment is divided into shares between several people and they mutually decide to sell it, but one of them cannot personally attend a deal due to the fact that he lives in another city or other reasons. And here you can find a way out. This shareholder needs to appeal to the notary and arrange a power of attorney on a trusted person with the right to commit such transactions.Selling an apartment or share in it, you need to be extremely attentive and careful. If you are not sure about your abilities, it is best to contact a proven real estate agency or to lawyers.