An apartment owned by several shareholders can be disposed of by each of the co-owners. The peculiarity of the sale of such real estate is that without prior approval and notification of others, it will be impossible to complete the transaction. Knowing where to start, you can speed up the sales process and do everything according to the law to prevent the transaction from being contested.

Is it possible to sell a share in an apartment?

According to the legislation in force in 2020, the sale of a share of an apartment is possible regardless of its size. However, without following a certain procedure, the transaction can be easily challenged.

Afterwards, you can begin concluding an agreement with the co-owner. It is recommended to develop a draft document with a lawyer, and after agreeing on all controversial issues, have it certified by a notary.

The next step is registration of the contract and registration of ownership.

After the transaction is completed, the alienated part passes to the new owner, and the seller loses ownership of it.

Sale through court

A lawyer is often asked the question: if there is a problem share that no one wants to buy, what should you do? First of all, contact the shareholders with a request to purchase.

If the neighbors’ answer is ambiguous or they refused to exercise the right of redemption, and it is difficult for the owner to live in the apartment, he may demand compensation (Clause 4 of Article 252 of the Civil Code of the Russian Federation).

Basic prerequisites for going to court:

• inability to allocate a share in kind;
• disagreement of other shareholders to purchase real estate;
• disinterest of the owner in living in his part of the property.

To receive compensation, you must prepare a claim and go to court.

Lawsuit

To properly file a claim, you must be guided by the provisions of Art. 131 Code of Civil Procedure of the Russian Federation. According to the law, the document contains:

• name of the court, full name of the plaintiff and defendant and their addresses, contact details, indication of the price of the claim;
• title of the document: “Claim for recognition of a share in an apartment as insignificant and payment of compensation to its owner instead of an allocation in kind”;
• the essence of the document, which indicates under what circumstances the part was received, whether there are title documents, what rights of the owner are infringed, why allocation in kind is impossible;
• request for compensation;
• applications;
• date and signature.

How to challenge the sale of a share in an apartment

There are 2 ways to challenge a share sale transaction:

1. Prove that the seller did not comply with the provisions of Art. 250 Civil Code of the Russian Federation.
2. If a deed of gift is drawn up instead of a contract, there is a chance to win the case in a claim to recognize the transaction as imaginary. This will require evidence that they tried to cover up the purchase and sale transaction under a gift.

You can challenge a donation within 3 years from the moment the agreement comes into force, but the period may be extended up to 10 years, if the citizen whose rights were violated did not and could not know about the unlawful actions of the co-shareholder.

At first glance, selling a share is a simple process: notify others, formalize it, register it. But the “human factor” comes into force: the desire to get rich, revenge, personal hostility or simply ignorance of the laws.

How to sell a share in an apartment: 2 types common property+ 3 steps you need to take to make a sale + 5 most common questions about the deal with answers.

Now, it would seem, who needs a share in an apartment instead of the whole home?

Who wants to share living space with neighbors instead of becoming a full-fledged owner of square meters?

It turns out that many are interested in this, therefore, if you own part of the residential premises, then it is worth figuring out how to sell a share in the apartment so as not to infringe on the interests of other owners, but also not to become a victim of their intrigues.

There are other complications of this matter that need to be taken into account if you are not selling the entire apartment, but only your share in it.

What is a share in an apartment and how to sell it?

Remember the children's rhyme “We shared the orange, there were many of us, but he was one”? There, each participant in the process of eating delicious citrus fruit is allocated his own slice.

The same thing happens when dividing up an apartment: a “hedgehog”, a “swift”, “ducklings” and other “living creatures” can receive their share in the apartment, and then dispose of it at their own discretion, for example, sell or donate.

Ownership of shares is possible only in the case of common ownership of one apartment by several persons.

There are two types of common property:

Joint - without determining shares.

For example, a husband and wife, while legally married, purchased an apartment. It doesn’t matter that the owner of the property is one person, the ownership of this apartment is shared, but without defining shares.

Shared, when each of the co-owners is entitled to a certain share of the “pie”.

For example, the will of a certain abstract grandmother states that her apartment is divided between three grandchildren, with each receiving an equal share, that is, 1/3.

Sometimes joint ownership can turn into shared ownership. For example, after that you can draw up a marriage contract, according to which the shares in the apartment depend on the investment of the husband and wife.

Let’s say that the husband, as the one who invested more, receives 2/3 of the apartment, while the wife receives only 1/3 of the share.

All parties can sell their parts without asking for the consent of the remaining owners.

The sale of shares in an apartment is regulated by Article 250 of the Civil Code of the Russian Federation:

3 main steps on how to sell a share in an apartment

Selling your share in an apartment is not too difficult.

You just need to take 3 basic steps and do them as competently as possible.

1. You cannot sell your share in the apartment without informing the other owners.

Even if you are in a terrible quarrel with the other co-owners of the apartment and want to sell your share not so much to make money as to annoy these people, you will not be able to complete the transaction without informing the other owners.

Moreover, according to paragraph 1 of Art. 250 of the Civil Code of the Russian Federation, it is the other co-owners who are first in line among buyers.

So, in order for the real estate transaction not to be challenged by other co-owners, you need to inform them in writing about your intentions.

• personally;
• sending all the papers by registered mail;
• via the Internet using the link https://rosreestr.ru/wps/portal/p/cc_present/reg_rights#

Along with the application, you should submit a package of documents to Rosreestr or the MFC:

1.	Receipt for payment state duty
2.	Statements of the parties to the contract
3.	Originals of the notarized sale and purchase agreement and the transfer and acceptance certificate (in triplicate)
4.	Documents confirming that the seller of the share notified the remaining participants in writing fractional ownership on the sale of the share, and, if available, documents confirming the refusal of the remaining participants in shared ownership to purchase the share
5.	Identification documents of each party (or representative of the party)
6.	A document confirming the authority of a representative of a party to the contract
7.	Other documents, for example, the consent of the guardianship and trusteeship authorities when making a transaction to dispose of shares in an apartment, if the owner of the alienated share is a minor (Article 21 of the Law of April 24, 2008 N 48-FZ)

As you can see, the list of papers is quite impressive, so it is better to pay a lawyer a certain amount of money, but to do everything correctly the first time.

5 most common questions about how to sell your share in an apartment

Selling your real estate can be a challenge, so it's no surprise that many people have questions that need answers.

Here are the 5 most common questions about selling a share in an apartment with their answers:

Can I sell my share to strangers without informing the other owners?

No you can not. If you ignore the need to notify other apartment owners, then, according to Art. 200 of the Civil Code of the Russian Federation may require the right of first purchase of square meters through the court.

They are given 3 months for court proceedings from the moment the co-owners learned of a violation of the law on your part.

2. Can other owners set their own price for my share?

Of course not. It is your right, as the seller, to set the price. If other owners find it too high, then you have the right to look for buyers among strangers.

But don't be too greedy, since you are unlikely to find a buyer for your part if the price is significantly higher than the market price.

Is it possible for the other co-owners to name one price (very high) specifically so that they cannot buy it and then sell their part to another buyer for much less?

No you can not. If you reduce the price or make any other changes to the terms of sale (for example, you decide to sell not the entire share, but only part of it), then the other co-owners must be notified in writing of all changes.

In any case, they have first right of purchase.

I want to sell a share minor child. Is it possible to do this?

It's possible, but it's not that easy. If part of the apartment belongs to a minor, then you will have to deal with the guardianship authorities. A representative of these authorities must ensure that the sale of the part does not prejudice the interests of the minor.

You will achieve the consent of the guardianship authorities if you provide the minor with a corresponding share in another living space or transfer all the money from the sale to his account.

How to deceive other co-owners and deprive them of the priority right to purchase part of the apartment?

There are options, but think about whether you are ready to make a deal with your conscience and harm other owners in this way.

If you are ready, then you can do the following: donate a micro-share (for example, 1/8) to an outside seller. This way he will be first in line to buy the remaining part and will no longer have to worry about the interests of the other co-owners.

Sale of a share in an apartment.

How to sell a share in an apartment without consent
other owners? Lawyer's advice.

Should I sell my share in the apartment or punish the second owner?

IN Lately There is a very deplorable situation with the sale of shares. The gaps in the legislation of the Russian Federation are often taken advantage of by dishonest co-owners eager to take revenge on other owners, and by swindlers-realtors who have turned this into a semi-criminal business.

Irina divorced her husband Ivan two years ago.

He “kindly” allowed her to live with her young son in the apartment they bought together.

For a year everything was quiet and peaceful, but then Irina’s ex-husband found a new love and the prospect of moving to one of the European Union countries loomed.

Naturally, money was needed to move. Ex-husband I couldn’t think of anything better than to demand that Irina buy out his share in the jointly purchased apartment.

The woman became stubborn: “Shame on you, think about the child - after all, this is his property.” But if she knew what a nightmare this would turn out to be for her, she would probably agree.

Ivan consulted with a lawyer and began to act in accordance with the law.

First, he notified his ex-wife in writing that he was selling his share in their apartment and invited her to exercise the right to buy out his part. Having been refused, he entered into an agreement with complete strangers.

They didn't want to live there. They wanted to make money, and make money on Irina. Calls and threats began to “move a gypsy family there”, “to move the whole large family along with three dogs,” etc.

They demanded to buy out their share for a huge amount of money.

Exhausted by the terror, Irina agreed to all the conditions: together with her parents, she got into huge debts and bought part of the housing from the new owners for an amount three times the price of her ex-husband.

Was Ivan right in relation to his ex-wife and son?

If we talk about the moral side of the matter: no, I’m wrong, I could have acted like a man and given these, if not to my ex-wife, then at least to my child. square meters.

But if you rely on the legislation, then he did everything competently and there can be no claims against him.

If you need money and cannot agree with other co-owners, find out how to sell a share in an apartment in accordance with Russian legislation.

After all, why should you care about other people's difficulties that other homeowners may face after you close the deal?

Hello dear edition T-Zh. Thank you for raising financial literacy population.

I have this situation. Eat three bedroom apartment, in which mom, dad, me and brother are registered. The apartment has been privatized, and each of us has a ¼ share, there is evidence of state registration rights. My parents are going to give their shares to me and my brother in the future.

I want us all to sell the apartment and each buy a separate home, paying for the missing amount ourselves. But my brother wants to build a house, and if we sell our apartment, he will have nowhere to live during construction, rent is expensive, so he is against the sale. I believe that these are his problems, but the parents do not want to spoil the relationship and therefore do nothing, although in principle they are not against the sale.

My relationship with my brother has deteriorated: he doesn’t want to sell the shared apartment in the coming years, and I don’t want to wait for his consent and adapt to his wishes. I am married, I don’t plan to live with my parents and brother, I plan to move to a separate apartment. To buy it, I don’t have exactly the amount that I could get by selling my share in the shared apartment. On principle, I don’t want to take out a loan.

Is there a legal way to sell your share of the apartment now? market price without the consent of others? Or is this only possible through the courts?

And one more thing: my parents want to sign over their shares to my brother and me and move to live in the country. If they do this, will I be able to in a legal way sell your half of the apartment without your brother’s consent and what is needed for this?

Of course, something needs to be addressed in your situation. But I’m afraid that you may completely ruin your relationship with your brother.

Anastasia Kornilova

You have the right to sell your share in the apartment at any time, without court or the consent of others. Art. 246 of the Civil Code of the Russian Federation allows the owner to dispose of his share at his own discretion: donate it, sell or exchange it. But there is a condition that must be met so that everything is according to the law.

Preemptive right of co-owners to buy a share

If you sell a share, the shareholders have a right of first refusal. That is, first you must offer to buy out your share to the other owners of the apartment - your parents and brother.

The upcoming sale must be notified in writing. Your parents and brother will have a month to exercise their pre-emptive right and buy your share in the apartment.

The law obliges the seller to indicate the price and other conditions of sale in the notice of sale. For example, how payments will be made and who will have the right to use the apartment after the transaction. The Federal Chamber of Notaries has even compiled methodological recommendations for observing the pre-emptive right to purchase a share and advises that you must describe the property itself, the price of the share being sold, the payment procedure and the timing of the transfer of property.

If there are several co-owners, the notice must be sent to each one personally. Therefore, if you decide to sell your share now, you need to notify your parents and brother. If after your parents transfer their shares to you and your brother, only him.

How to notify a sale

You should have confirmation that other owners have received notification of the sale of the share. Typically one of three notification options is used:

1. deliver the notice in person and receive a signature on the second copy that the co-owner has received it. It is necessary that, in addition to the signature, he put the date and write his last name, first name, patronymic in his own hand: if it comes to court proceedings, it will be easier to establish that it was he who signed;
2. send notification by registered mail with acknowledgment of delivery and a list of the contents;
3. contact a notary so that he can send a notice of sale.

In practice, people often choose the third option. In this case, the notary will first issue you a certificate of direction of documents. And when the other owner receives the notice - a certificate of delivery of documents.

It happens that the co-owner does not receive a notification. For example, if a participant in shared ownership is against the sale, he may specifically not go to the post office or not accept the courier. This is what you can expect from your brother.

Then it makes sense to ask the notary to issue a certificate stating that you, as the seller of the share, have taken all measures to notify the co-owner of the upcoming sale. Not all notary offices issue such a document. Given your relationship with your brother, such evidence may be needed. Therefore, you need to find the notary who will issue it.

The owner who has received the notice may refuse the preemptive purchase in writing. Then you have the right to immediately conclude a transaction with another buyer. If the other owner does not give a written refusal, you need to count a month from the moment he received the notification, and only then sell his share.

An agreement for the purchase and sale of a share in an apartment to an outsider, unlike a regular agreement for the sale and purchase of an apartment, must be certified by a notary.

Therefore, in any case, I advise you to sell your share and notify other owners about the sale with the help of a notary.

Selling a share is not always a profitable solution

Think carefully about your decision to sell your share. Please note that from the sale of a share in the apartment you will receive less money than if you and your parents and brother sold the entire apartment and divided the money. Your relationship with your brother will not get any better because you sell your share now. Parents may also not approve of such a decision: not everyone will calmly treat a stranger among the owners of a shared apartment.

Try to calculate how profitable it would be to sell the share now. You may lose less money if you take out a mortgage and close it a few years later after selling the entire apartment. We wrote and did - calculate different variants. Take your time.

If you have a personal finance question, credit history or family budget, write: [email protected]. We will answer the most interesting questions in the magazine.

Alienation real estate, located not in sole control has some features that may affect the complexity of the process and its timing. To understand how to sell a share in an apartment in compliance with all procedural norms, you need to understand what an ideal share is and know the nuances of the procedure for transferring ownership. Sale of a share of an apartment to the second owner, sale of a share in privatized apartment, what tax on the sale of a share in an apartment will need to be paid, is it possible to sell a share in an apartment to a bank, you will learn about all this and much more further.

Having a share does not mean owning a certain part of the property. This concept only indicates law. Simply put, ownership is divided, not area. If the layout allows, the owners can, by mutual agreement, formally distribute the rooms among themselves. At the same time, the kitchen, corridor, and bathroom remain common places use. All utility payments are distributed among the co-owners in the same amounts, regardless of the square footage occupied by one or another person.

The sale of an apartment in shared ownership by all owners is possible in two ways - by concluding a single agreement or several. The last option occurs when the co-owners live at a great distance from each other, or do not communicate and do not have the desire to give a power of attorney to anyone to carry out actions to sell a share on his behalf. A situation with several contracts is not financially profitable, since each seller will have to pay state tax from sale.

Alienation of shared real estate becomes more complicated if only one of all co-owners has decided to sell a share in the apartment. The co-owners may not like this option, so their priority right to purchase has been established.

How to sell a share in an apartment - step-by-step instructions

Every transaction requires clarity and thoughtfulness of actions. The 2020 legislation is distinguished by an extensive platform of bills that regulate the sale of a share of an apartment. The instruction containing the algorithm of actions determines the sequence of procedures. Here we can highlight the following main stages:

• allocation in kind;
• designation of conditions and prices;
• notification of the sale of a share in the apartment of co-owners;
• collection of documents;
• legal registration of the sale;
• calculation.

The process begins with the fact that the owner must know how to allocate a share in the apartment for sale. This can happen in agreement with other owners, or court decision. The square footage is calculated based on the area and the number of owners.

Determining the terms of the transaction between the seller and the buyer

The sale of a share in an apartment to a third party takes place in notarial form. But official registration is preceded by preliminary approval of the terms of the transaction. The final price, issues related to payment of state fees, notary services and other related expenses are discussed. A preliminary agreement is concluded indicating the timing of the transaction.

co-owners on the sale of a share in the apartment

Before putting the share right up for sale, it should be taken into account that the right of first refusal remains with the co-owners. The owner notifies neighboring owners, who can buy it out to prevent the presence of unauthorized persons. The seller informs the co-owners of his intentions in writing, indicating a specific date of notification.

You can notify in person by handing over an appropriately drawn up paper. In this case, it is necessary to have an exact copy on which the recipient will sign. If this is not possible due to the fact that the co-owners do not live in the given living space, or the relationship with them is quite complex, the correct way out is to notify them by letter (registered with notification).

The statutory period for receiving a response from the co-owners is 1 month. If there is no response after its expiration, the seller informs about the sale of the share in the apartment to other persons.

Download the notice of sale of a share in the apartment.

Preparing to complete a transaction

At the stage of preparation for the sale of shares in the apartment, you need to collect provided for by law documents on your own or by contacting a real estate agency. In the second option, an agreement on the services provided will follow. It is also necessary to notarize the power of attorney for the realtor to receive the necessary documentation on behalf of the owner. The package of documents for the sale of a share in an apartment contains:

• documents confirming the identities of the parties to the transaction;
• official paper establishing ownership;
• confirmation of payment of state duty;
• extract from the unified state register of real estate;
• documentation from the BTI;
• consent of the remaining share co-owners, notarized.

If one of the co-owners of the property being sold is a minor, it is necessary to provide official permission from the guardianship authorities. The same applies to persons with limited legal capacity. To prepare properly, it is worth consulting with a specialist from the state registration authority about what is needed to sell a share in an apartment; sometimes additional requirements arise for different individual cases.

Registration of transfer of ownership

The procedure for registering the alienation of shared ownership is stipulated in many ways by the Civil Code and Federal law. Participants choose convenient way contacting the competent authorized agency - through the Rosreestr service or through the MFC system. Registration times will vary. In the first case - 7 days, and in the second - 10 days.

The registration authority receiving the documents issues a receipt to the applicants with the date of receipt of the completed documents. Registration is preceded by the mandatory preparation civil contract purchase and sale of a share in an apartment by a notary authority. For the period specified by law, registration services carry out all actions provided for by their powers and enter data on the transfer of ownership into a single State Register real estate.

Answers to frequently asked questions

The base of bills regulating relations arising from the sale of an apartment in shared ownership is sufficiently formed. Despite this, some issues often require detailed clarification.

Do I need a notary?

The sale of shared ownership in an apartment is not possible without a notary, starting with the fact that the allocation of the share itself is certified by him. Transactions concerning the transfer of ownership, including a contract for the sale and purchase of a share in an apartment, require notarized confirmation.

How to sell half of your share

It happens that the allocated part of the apartment is quite large, and the owner only sells part of it. The same algorithm of procedures applies here, starting with notifying neighbors. If they have received a protest, although it is difficult to get rid of part of the share, it is possible in one of several ways:

• draw up a deed of gift for a part, after which the newly minted owner, becoming a co-owner, will be able to purchase the remaining share;
• draw up a fictitious agreement to donate part of the property, having received, no longer officially, money for it;
• draw up a loan agreement.

Any transaction carries some risk. If the co-owners go to court to establish that a particular transaction is fictitious, the seller risks being left without money, and the buyer will not receive the property.

How to sell the share of a minor child

The issue remains quite complicated when a child is a co-owner of the share in the apartment being sold. One of the main participants in such a transaction will be the guardianship authority, which gives its resolution. In this case, you must provide documents confirming that the child will receive ownership of another area that is not inferior to the one being sold. The alienation of a minor’s share and the acquisition of a new living space for him are two operations that occur simultaneously. Children over 14 years of age become independent participants in the process with the consent of their parents.

How to sell a share in an apartment without the consent of the second owner

Often, it is quite difficult to obtain the consent of the second owner, especially if auctions are being considered for a 1-room apartment divided into 2 shares. It will not be possible to delimit the living space geographically, and living next door to a stranger is not comfortable, so the co-owner expresses his protest. But, if the seller notified the co-owner in advance, and he did not want to become a buyer after a month, the property can actually be sold to a third party.

What are the features of the sale of shares in a privatized apartment

When a residential premises is privatized by all residents registered in its area, it becomes their joint property, where each is allocated an equal part. The scheme on how to properly sell a privatized apartment with shares includes three main stages:

• notification of co-owners;
• drawing up a contract for the sale of a share of an apartment;
• registration procedure.

Interim procedures allowing the sale of a share in a privatized apartment are aimed at collecting the relevant documentation. If other owners in every possible way prevent the allocation of part of the joint privatization housing, the owner resolves the issue through the judicial authorities.

You will learn how to sell a privatized apartment with shares in the next post.

How to register the sale of a share in an apartment between relatives and what is the difference with the procedure for selling to a third party

Some important points has the sale of a share in a privatized apartment when one of the co-owners is a relative. A relative is given the opportunity to purchase part of the property put up for auction when the remaining co-owners abandon it. Sale is excluded between spouses; alienation occurs by gift or by drawing up a marriage contract that prescribes the conditions of division. For example, a deal where a husband sells his share to his wife would not be entirely legal.

When selling a share of an apartment to other relatives, an act of acceptance is drawn up Money so that the transaction cannot be considered as fictitious. Taxes are paid on a general basis.

How to sell a share in an apartment by proxy

There are situations when the owner, who wants to sell the property, does not want or, due to certain circumstances, cannot do this on his own. He has the right to transfer the rights to all actions related to the execution of the transaction to another person whom he trusts. This will require drawing up a notarized power of attorney, which indicates all the powers of the representative.

How to sell a share in an apartment received by inheritance

The right to inherit a share of an apartment can be transferred by law or by will. If you want to sell it, you must first obtain a certificate of ownership from a notary public and register it in the Unified State Register. Further, it is necessary to allocate a part by agreement with neighbors or through the court. The following is a standard algorithm of actions.

How to sell a share after a divorce

Alienation of a share of real estate after a divorce is not particularly different. All actions are carried out according to a single scheme: notification of co-owners, search for a buyer, preliminary conclusion of a purchase and sale agreement for a share in the apartment, registration.

How to pay tax on income from the sale of a share in an apartment

The established tax on the sale of a share in an apartment is 13%. It is not accrued if the amount of proceeds from the sale is less than 1 million rubles, i.e. amounts over one million are subject to taxation. No tax is charged if the apartment has been owned for 3 years or more.

How to sell a share in a communal apartment

In joint communal real estate, each tenant has a separate room, which greatly simplifies the sale of a share in the apartment to another owner. Here we are talking exclusively about privatized square meters. A special feature is the fact that when the neighbors’ rooms are not privatized, the refusal of the priority right of purchase is issued by the municipality.

How to sell an apartment in shares to one buyer

All co-owners can sell the entire apartment to one buyer. This is the easiest way to sell an apartment in shared ownership. There are two options here: to draw up a single multilateral purchase and sale agreement fixing all co-owners and the buyer, or by drawing up separate agreements with each owner.

How to suspend the sale of shares

The seller, as well as the buyer, have the right to suspend the sale for up to 1 month. A suspension of up to 3 months may occur if the registrar doubts the authenticity of the documents. Registration is also suspended if the documents for the sale of a share in the apartment do not contain a written refusal from the neighbors to purchase, when a month has not expired from the date of their notification.

How is the share allocated during the sale and how to evaluate it

A share can be allocated by peaceful consent of all owners (there is a special sample written form) or through court decisions. As a rule, it is the same for all owners. The calculation is made in proportion to the area and the number of residents: if there are two co-owners, each will own half, if three – 1/3, and so on.

The value of the shared property being sold is established independently (based on market value similar objects), or with the involvement independent appraiser, whose actions will help to profitably sell a share in the apartment. In the second option, you will need to draw up an agreement on expert assessment.

How to sell a share in an apartment to a bank

The sale of shared property to the bank is possible as repayment of the debt amount under a loan obligation. Before selling a share in an apartment to a bank, it must be established that the property being sold is not the only possible place of residence of the owner.

Is it easy to sell a share in an apartment and how to find a buyer

It is impossible to say for sure whether it is easy to sell a share of real estate. Situations can be completely different, for example, selling a shared apartment as a whole by all co-owners is much easier than drawing up a purchase and sale agreement for one share, especially if minor children are involved. To find a buyer, the seller places advertisements, arranges viewings of housing, and negotiates. Often this role is assigned to real estate agencies.

The presence of shared ownership of any residential premises provides its owner with a wide range of rights to dispose of it, but, at the same time, it has its own characteristics. Each sales case is individual, so it is very important to become familiar with the legal framework.

Selling an unallocated share in an apartment is even more difficult. If you have questions about this topic, please ask them in the comments, or better yet, sign up for free consultation to our lawyer. We will help you go through the entire process of selling your share as quickly and comfortably as possible.

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The question is relevant for any citizen who participated in privatization together with family members. How to sell a share in a privatized apartment without infringing on the interests of co-owners?

Sale of shares in a privatized apartment according to the law

As a result of privatization, if several residents participated in it, the apartment becomes their common possession. Each of them is entitled to a share (usually equal, unless a different agreement was concluded during privatization).

By law, each of the co-owners has the right to dispose of their share as they wish. However there are some restrictions:

• do something with the apartment (sell, donate, exchange, expose major renovation) can only all owners general decision: if one person does not agree, neither the transaction nor any other order is possible;
• When selling one of the shares, the co-owners must be first on the list of candidates for purchase.

Thus, if one of the owners thinks about how to sell a share in a privatized apartment, he must first notify the other co-owners of his desire and inform them at what price he is selling. Only after this, if they are not going to buy, does he have the right to enter into an agreement with outsiders.

Thus, the sale of a share should look like this:

1. The owner-seller determines for himself at what price he is going to part with his property, and finds a buyer who agrees to this price.
2. Before concluding an agreement with the buyer, he notifies the other co-owners of the apartment about the planned sale. The notification must only be in writing - even if everyone lives in the same apartment and sees each other in person every day.
3. The owners decide whether they want to buy out the share themselves. The law sets a strict deadline for their reflection - no more than a month.
4. If the co-owners do not want the share to go to a stranger, they are obliged to buy it back at the price and on the terms on which the seller was going to enter into an agreement with a buyer who is not one of the co-owners.
5. If a refusal is received or none of the co-owners decide to buy out the share within a month, the seller has the right to enter into an agreement with an outsider.

How to sell a share in a privatized apartment and not make a mistake?

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The sale of a share itself is concluded according to the same rules as any other real estate transaction: in writing through Rosreestr with payment of state duty, etc. However, there are some nuances that can significantly ruin the life of the seller. Let's figure out how to avoid them.

The first of the pitfalls may be the case when the seller has already concluded an agreement, but one of the co-owners stated that he was not notified that the transaction was planned and, accordingly, did not give his consent. Within 3 months, he can file a lawsuit and demand that the court rule on the invalidity of the contract.

Don't know your rights?

There is only one way to counteract this - to carefully document everything that is done. Notification of the planned sale is only by registered mail with a list of the attachments. If the notification is made in person, prepare a document with the terms of sale in 2 copies and require the co-owner to leave a signature on one. The waiver of the right to purchase is best certified by a notary. With this option, no future claims will help the litigant.

The rule of warning and advantage does not apply only to gifts. However, it should be taken into account that an attempt to use a gift to disguise a sale (the owner of a share gives it to a stranger, and he, in turn, then gives him money, since this is not prohibited) may not end exactly as the parties expect. One of the co-owners of the apartment may try through the court to recognize such a deal as sham - and he will have every chance of winning the case. According to the law, the rules for a sham transaction are those established for the one that the parties tried to hide. IN in this case this will be a purchase and sale - it will be invalid without the consent of the co-owners or their refusal to purchase.

The second option is more likely to refer to the tricks of the seller. Some, in order to avoid hassle with a warning, draw up an exchange instead of a sales contract. It is categorically not recommended to do this: the rules regarding advantages will apply to me. This is due to the fact that the legislator proceeded from the desire to either preserve the circle of co-owners, or to help ensure that their circle gradually narrows. Therefore, even in the case of exchange, the stranger must first obtain the consent of the existing owners.

The third “cunning” scheme looks almost legal:

1. The owner of the share borrows money, indicating his share as collateral.
2. He does not return the money on time.
3. The lender demands the transfer of the pledged share into his ownership - according to the law, his demand is satisfied.

The chances of co-owners challenging such an agreement are somewhat less than, for example, in the case of barter: the law does not prohibit borrowing money, and a share in an apartment can be indicated as collateral without the consent of the other owners. However, the rules regarding a sham transaction can also be applied here, with the same consequences as mentioned above.

Sale through forced allocation of shares

In the event that there are disputes around the apartment and no one wants to give up, which is why there is practically no chance of selling the share through the right of first refusal, the owner, who wants to receive money in exchange for the share, has the right to demand its allocation. The law stipulates that the allocation is made in kind - that is, the allocated person must receive clearly defined square meters in the apartment.

However, since it is almost always impossible to allocate part of a city privatized apartment into a separate isolated room, the allocated one has the right to demand that the co-owners take his share and pay him compensation. The amount of compensation will be determined by the court. This method is convenient in that it does not require the consent of all co-owners, but it has 2 unavoidable difficulties:

1. Required independent assessment apartments expert.
2. Receiving money will take a long time, because collecting a debt from a person who does not want to pay is a very difficult procedure.

Sale of a share in an apartment if the co-owner is a minor

Difficulties may also arise if among the co-owners there is a child under 18 years of age. In this case, any transactions affecting the interests of a minor require additional approval from the local guardianship authority. Without this, the sale of a share can easily be considered illegal.

This rule does not apply only to those cases where, as a result of the planned transaction, the share attributable to the child increases. However, if the parents or persons replacing them plan to sell the child’s share in the apartment, the consent authorized body Necessarily. It can only be obtained if there are guarantees that:

• the child will acquire a greater or equal share in the new apartment;
• or the funds due to the child for the share will be placed on a deposit, which only he himself can dispose of after reaching the age of majority.