Agreement for the sale and purchase of shares in an apartment for two sellers, sale of an apartment in shares to several buyers

The right to register an LLC in the apartment

Base.
Housing Code of the Russian Federation Art. 17 parts 2 and 4. How it works. An apartment is a living space. But in addition to living, a personal apartment can be used for professional activities. This does not mean that production, a store or an office can be set up in an apartment: this requires the status of non-residential premises.

There are direct prohibitions: it is strictly forbidden to use the apartment. For example, they will not be allowed to start producing shoes or conduct religious services. From October 1, it was prohibited to place hostels in residential premises, although previously it was possible.

Here are the conditions when an ordinary apartment can be used for business and part-time work:

1. The apartment is used legally. The owner has the right to register.
2. The work does not disturb other residents and neighbors. There is no line of customers outside the apartment, no trucks with goods are unloaded in the yard, and no one makes noise at night.
3. Sanitary, fire and environmental requirements are observed. The apartment has not been refurbished in such a way that there is a threat of collapse, there are no unpleasant odors, equipment with strong vibration does not operate and there is no prohibitive load on the general electrical network.

An individual and even an individual entrepreneur can use an apartment for work. For example, a lawyer, writer, photographer, programmer, broker, accountant or tutor. If one of your neighbors doesn’t like the fact that once a day a child comes to your place for math classes or sometimes clients drive up to hand over documents, that’s the neighbors’ problem. You are not breaking anything.

But if you use the apartment as a non-residential premises - for example, equip an office there, install farms for mining cryptocurrency, rent it out as a clothing warehouse, or set up a bakery with five ovens, but without an extractor hood - there may be problems.

Base. Housing Code of the Russian Federation Art. 31.

How it works. The owner of the apartment can live in it himself and move in whoever he wants. The law says that family members can be moved in. But the trick is that to be recognized as a family member, it is not necessary to have a blood relationship, register a marriage, or have a common budget.

A family member can be a second cousin, a daughter-in-law, a common-law husband and a child from his wife’s first marriage. These people can temporarily live in an apartment even without registration, and none of the neighbors will object that they do not like a loudly crying baby, a moralistic grandmother or a girl in too provocative clothes.

If the owner wants to register his common-law spouse or distant relative, he cannot be refused. There is no reason to require confirmation of relationship.

Family members whom the owner has moved into his apartment have the right to use it on an equal basis with the owner. But they cannot move in other people without the owner’s permission - only minor children. Any family member can become an ex - then he will not have the right to use the apartment.

Base. Housing Code of the Russian Federation Art. 35, Civil Code of the Russian Federation Art. 293.

How it works. The owner can evict a person from his apartment with whom he no longer has a family relationship. For example, a wife can evict her ex-husband if the family lived in her premarital apartment.

To evict other family members, you need to prove that there is no family relationship with them: a common household, budget, help and support. But there is conflict and loss of trust. This way you can evict a common-law wife and her adult child, whom the owner had previously moved in as family members, even without registering the marriage.

The situation is more complicated with children. After a divorce, a wife becomes a former member of the family, but a child cannot become a former member. Therefore, even if the court allows the ex-wife to be evicted, the minor child will retain the right to use his father’s apartment.

The only way to evict an owner from an apartment is through the courts. For example, if he uses the apartment as a warehouse for chemicals, has forty dogs, or demolishes all the walls, the owner can be evicted, the apartment sold at auction and part of the money given to him.

But first, the owner will still be asked to fix everything or simply fined. For an eviction case to actually end in eviction, you need to call the police dozens of times, draw up many reports, constantly write complaints, collect evidence and go to court. There are examples in judicial practice: neighbors evicted loud music lovers and hooligans.

If one of your neighbors just doesn’t like you, you have noisy children, or you rattle pots at night, no one will evict you.

Base. Civil Code of the Russian Federation Art. 20, Law No. 5242-1 Art. 2, Code of Administrative Offenses of the Russian Federation, art. 19.15.1, art. 19.15.2.

How it works. If you have an apartment, you can register any person there. For example, as a family member, even if he is not related. Registration can be temporary or permanent. The temporary one can be terminated and the person can be evicted.

Registration does not give ownership of the premises. The person who is registered cannot sell or donate your apartment. And he will also not be able to renew his registration at will. But he will be able to move in his minor children without permission and indicate this address to the bank when applying for a loan.

If there are other owners in the apartment, their consent must be obtained to register adults. But if you are the only owner, register whoever you want, that’s your right.

Base. Civil Code of the Russian Federation Art. 54, post. Plenum of the Supreme Arbitration Court No. 61 of July 30, 2013, paragraph 4.

How it works. You can register a company in an ordinary residential apartment. It is not necessary to convert the premises into non-residential ones. You can live in the apartment with your family and children, and Romashka LLC will be listed at the same address in the state register.

This can be done if the founder of the company or its director is registered in the apartment. The owner can be either they or someone else who has nothing to do with the business, such as a mother-in-law. Then her consent is required, and registration at this address is enough for the director.

Sometimes the tax office says that it will refuse registration at your place of residence. Allegedly, the apartment cannot be used as non-residential premises, and in general this is a reason to liquidate the company due to false information. This is all nonsense.

There are no prohibitions in the law on registering an LLC, it is official, and the owner does not violate the law. And the use of residential premises does not concern the tax authorities at all: this is the housing code, nothing is written there about the legal address.

The disadvantage of this option is that mail from the tax office will arrive at the apartment. It cannot be ignored, because then there will be a clue to recognize the information as unreliable.

If you have an online store, online courses, or just need an LLC, but don’t want to spend money on renting an office and registering a legal address, register your company at home.

Base. Constitution of the Russian Federation Art. 35, Civil Code of the Russian Federation Art. 14, art. 1066, art. 1067.

How it works. All Russians have the right to the inviolability of their home. No one can just enter your apartment without a court order, even if they are tax officials and the police.

Moreover, an ex-husband, a drunk neighbor, the chairman of a homeowners association, or just a curious person cannot enter there. If someone tries to enter the apartment without permission, you can use self-defense - for example, unleash the dog or use a gas spray.

If police officers, bailiffs or a tax inspector want to enter an apartment, they must have a court decision and the consent of the owner. There are exceptions for the police - when it is necessary to save a life, prevent a crime or apprehend suspects.

When the tax office thinks that there is a reason for an inspection at home, the inspector will enter there only with the consent of all residents. The decision on an on-site inspection does not give the right to enter the apartment without permission. Let them then come with a court decision, but first they will receive it.

We invite you to familiarize yourself with the purchase of land under the building. What area of ​​land should I request and how to justify it?

How is maternity capital divided during a divorce?

As was written above, maternity capital is not subject to division. But you need to understand under what conditions and to whom it will belong in order to correctly divide property during a divorce.

When buying an apartment

According to the law “On State Support Measures for Families with Children” (Part 4, Article 10), if real estate was purchased using maternity capital funds, it must be registered in equal shares for all family members, including children. In this case, it does not matter what part of the amount was reimbursed by the state.

Example : The Kovalev family purchased an apartment using maternity capital. The family has two adults and two children. The property must be registered in equal parts for each family member. The father and mother receive 25% of the apartment, and each of the children receives another 25%.

When registering shares, you should take into account not only the child who became the reason for receiving maternity capital, but also the first son or daughter, since without him receiving government assistance would also be impossible.

Thus, in the event of a divorce, the ex-husband and wife will share only half of the apartment among themselves (25% for each), and not the whole of it. This does not apply to the rest of the property.

When applying for a mortgage on an apartment, the bank usually requires that the additional co-borrower be the spouse of the main borrower. In a divorce, they simply divide the remaining debt into two parts and each pays their share.

Example : The Kovalevs, who have two children, buy an apartment with a mortgage. The first payment is made at the expense of maternity capital. In the event of a divorce, each of them will be required to pay 50% of the loan, regardless of the fact that they actually own only 25% of the property.

Even before the divorce, it is recommended to notify the bank of your plans. Together with the lender's representative, you can find the most optimal way to solve the problem. Otherwise, the financial institution has every right to demand early repayment of the debt.

When carrying out major repairs and/or other construction work aimed at improving housing conditions, maternity capital is calculated in the same way as when used to purchase real estate. As a result, children automatically receive their share and sharply reduce the amount of property that parents can divide among themselves during a divorce.

Section methods

There are 4 main ways to divide real estate acquired using maternity capital

• Replacement. The husband or wife with whom the children remain offers their ex-other half to exchange her share in the apartment for other property. For example, for a garage, car, cottage, household appliances, land, and so on.
• Compensation. This is the actual sale of a share to a second party. For example, a wife may suggest to her husband that he transfer his share in exchange for monetary compensation in an amount corresponding to the cost of this part of the apartment.
• Sale. A rarely used option, especially in situations with maternity capital. In theory, the ex-spouses sell the property and each gets their share. It should be taken into account that when purchasing a new home, the area allocated for each child should not be less than it was in the previous apartment.
• Isolation in kind. The least popular option. It is understood that the spouses continue to live in the same living space, but it is actually divided into several parts, one of which goes to the husband. In practice, it is impossible to divide an apartment in this way, if only because the kitchen, toilet and bathroom in it are usually presented in one copy. Relevant only if several apartments were purchased during marriage, later combined into a single living space.

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Between children

Maternity capital is primarily intended not for parents, but for children. This is implied even in the intended purpose. Property is divided between children in equal parts, regardless of their number.

Example : The Kovalev spouses have two children. They buy an apartment. It is issued to four owners, each of whom (two spouses and two children) receives 25%. If a third child (5th family member) is born, the parents are obliged to redistribute the shares in the real estate, distributing them now into 5 parts. In such a situation, everyone will receive 20%. The same is true at the birth of each subsequent child.

With husband

Maternity capital is not divided between husband and wife. However, it may not belong to the mother, but to the father. This is implied in Federal Law No. 256, Article 3. This situation can only arise in exceptional conditions:

• A mother commits a crime against her child.
• The mother was killed, declared dead or missing.
• The mother was deprived of parental rights or abandoned the child.

Also, the father receives the right to maternity capital in the case when he independently raises more than 1 child, including adopted children. Under such conditions, even if the man subsequently marries and plans to divorce, this money will also not be subject to division.

If the money is spent on training

If during a marriage the spouses used maternity capital to pay for their children’s education, it will not be possible to recover the money for obvious reasons. Firstly, such assistance is intended exclusively for minors. Secondly, this money is not considered joint property.

○Shares in the apartment.

Property owned by two or more persons belongs to them under the right of common ownership. Common property arises when two or more persons acquire property that cannot be divided without changing its purpose (indivisible things) or is not subject to division by law .

Most often, common ownership occurs when property is acquired by several persons. But there are other ways this type of ownership can arise:

• Privatization for two or more persons.
• Transfer of real estate to several persons by inheritance.
• When purchasing an apartment while you are legally married.

The peculiarity of a transaction with an apartment in common ownership is that its sale by one person is impossible without the consent of the other.

If the spouses are divorced, can they use maternity capital?

The emergence and termination of the right to maternity capital occurs under the conditions provided for by the Federal Law “On Additional Support Measures...” No. 256 of December 29, 2006. And in this law there is not a word that the divorce of spouses in any way affects the right to use maternity capital.

As mentioned above, the maternity capital certificate is personal. In most cases, it is the mother who receives it, regardless of whether she is married or divorced. Even if the mother’s marriage to the children’s father is dissolved, she still has the right to use maternity capital.

If housing/a share in an apartment is purchased using maternal capital after a divorce, its owners will be the mother and children. What will be the procedure for dividing housing purchased before the divorce, read below.

Features of buying an apartment from two owners

Once the consent of all co-owners has been obtained, you can begin the procedure for finalizing the purchase and sale transaction of the apartment. It is important for the buyer to make sure that all risks of purchasing housing in common ownership are minimized.

If an apartment is purchased from legally married spouses, then a notarized consent of the husband/wife for the sale of real estate will be required. If they have minor children, even those who do not have the right to shares in the apartment, permission from the guardianship and trusteeship authority to sell the home is required. The same rule applies to family members declared incompetent by the court.

Before buying an apartment from two owners, a potential purchaser of real estate must check the certificate of registration of ownership, which indicates all co-owners of the property and the size of their shares in the right.

In order to be sure of the legal purity of the apartment, you need to order an extract from the Unified State Register for the purchased residential premises. Such a document can be ordered from the Rosreestr service or the territorial MFC (multifunctional center). The extract contains the following data:

• description of the living space;
• information about registered rights to the property;
• information about current encumbrances on the apartment (arrest, mortgage, rent);
• information about ongoing legal disputes regarding this housing.

Before making a final decision to purchase an apartment with common ownership, it is necessary to check the existence of third parties who have rights to this property and registered residents there. To do this, the seller must provide:

• a certificate from the Housing Office stating that all residents of the apartment have been deregistered;
• extended extract from the house register;
• a certificate from the FMS passport office about persons who have the right to use the apartment (registered at the place of stay).

Particular care should be taken to check the presence of temporarily discharged apartment residents (who are not co-owners) who retain the right to reside and use the living space after the sale:

• persons undergoing military service;
• persons in prison by court verdict;
• minors placed in children's educational institutions;
• elderly and sick people in specialized institutions.

If the apartment is sold under a power of attorney issued by the co-owners to a third party, then you should check the valid status of this document. It may happen that the power of attorney has been revoked and the transaction made under it will be declared invalid.

Checking the status of utility bills is a necessary precaution that the buyer of an apartment in common ownership should take. Sellers must present an extract from their financial personal account, which records the absence of debt.

If the common property is divisible, you can buy the apartment in parts. To do this, you need to conclude two different agreements with two owners, who will be independent of each other. For each transaction you need:

• Check all seller documentation.
• Obtain the consent of the second owner for the sale.
• Conclude a purchase and sale agreement.
• Complete state registration of transfer of ownership.

It is advisable to make these transactions at the same time to be sure that the apartment will belong to you entirely. Because if suddenly the second owner changes his mind about selling his part, you will not be able to fully manage the purchased apartment (for example, rent it out). All actions will require the consent of the co-owner.

If a child is among the owners of the owners

In the case where one of the owners is a child who has not reached the age of majority, you will need a permitting document from the guardianship and trusteeship authorities. It will be issued to parents or a legal representative. You will have to do the same even when selling a share in housing if the child is listed as one of the owners.

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In practice, most often such transactions occur when purchasing an apartment that was previously purchased using maternal capital.

Features of buying an apartment from two owners

The absence of objections from the other owner is a key requirement for the validity of the transaction. It must not only be received, but also drawn up correctly. The legislator does not provide for a strict form for drawing up the document.

• The name of the subject of the purchase and sale transaction with its full description (address, technical characteristics).
• Full name, passport and contact information of each owner.
• Details of the document confirming the fact of joint ownership (marriage certificate, will, purchase and sale/donation agreement, etc.).
• The fact that there are no objections to the sale of the apartment.
• Period of validity of this agreement.
• Date, signature.

In addition to the information listed, you can also indicate the buyer’s details, if by the time the document is issued it has already been found. Consent to sell must be certified by a notary.

An apartment can be registered as a property within the framework of privatization for two or more persons. In this case, the apartment, being an integral piece of real estate, will be divided into shares between the owners.

Each of the two owners receives equal rights to shares of the apartment. Please note: do not confuse the real owners of the apartment with the persons registered in it. The latter do not have property rights. It is the owner who decides the issue of registration at the address of other persons.

Privatization of an apartment is the process of registering ownership of real estate. The owner can be an individual or legal entity. However, the number of owners is not limited by law.

Let's consider the situation. Two people are registered in the apartment, and one of the residents entered into a social rental agreement. At the stage of privatization of the apartment, both persons expressed their desire to become the owners of the apartment. In this case, the apartment will be registered as shared ownership.

Non-privatized housing is not private, i.e. does not belong to a person by right of ownership. This means that the apartment is the property of the state and belongs to the municipal housing stock.

Despite the fact that the privatization process lasted for years and eventually became indefinite, the share of non-privatized apartments still remained. Of course, there are advantages to using such premises, for example, reducing utility bills and not paying real estate taxes.

The landlord, represented by the state or municipality, is the owner of a non-privatized apartment, which means that the rights of use, ownership and disposal of the person who has entered into a social tenancy agreement are very limited.

How to apply

If an apartment is purchased with a mortgage, then these documents will also need to be accompanied by certificates confirming solvency and a copy of the work book, insurance documents, an appraisal certificate that confirms the price of the housing and an additional identification document (in addition to the civil passport).

Buyers often have a question: how many contracts should be concluded when purchasing real estate from two owners? It should be said right away that there is no need to conclude two agreements. One agreement with a clear indication of three parties (two sellers and one buyer) will be sufficient. And in the case of a transaction with housing that is in shared ownership, a mandatory condition of the contract will be to indicate the shares of each of the owners.

The main thing in purchasing real estate from two owners is to make sure that they both have the right to dispose of their share. To do this, you need to involve professionals you trust in the transaction. Otherwise, unusual situations may arise. As a result, you may end up in trouble that will be difficult to get rid of.

More on the topic What is privatization and why do you need it

You need to be especially careful when purchasing privatized housing and apartments where children are registered. Check out other materials on our site on this topic. You can also contact our specialists for a free consultation using the phone numbers available on the website or use the feedback forms.

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The transaction itself is registered at the local branch of Rosreestr. But documents can also be submitted at the nearest MFC. You must come to registration in person, or this can be done by a representative with a notarized power of attorney. What to bring:

• passports of both sellers and buyers;
• purchase and sale agreement (in copies according to the number of parties to the agreement, plus one for the registrar);
• certificates for the apartment.

The state duty is 2000 rubles.

The right not to give up an apartment even for debts, if this is the only place to live

Base. Code of Civil Procedure of the Russian Federation Art. 446, mortgage law art. 50, art. 78.

How it works. If someone owes money to a friend, business partner, bank or alimony, the debts can be collected from the property. For example, you can write off money under a court order from a bank account, take a writ of execution to work, or seize a car and put it up for sale. You can even take the apartment to pay off the debt.

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But this cannot be done with a single dwelling. If the debtor has nothing else besides this apartment, it will not be taken away, and he will not be evicted for debts. Even if it is an apartment of 100 m² in the center of Moscow and the debtor could have bought a simpler property.

Two years ago, they discussed a bill to still take away too much housing, even if it is the only one - for example, when a man lives in a luxurious cottage and does not pay alimony. But for now everything has died down.

Legislative norms

The Civil Code of the Russian Federation clearly states the requirements and rules for real estate transactions, as well as the attached documents.

Information is presented in the following articles:

• 247 – discloses information about the rights of ownership of property, as well as compensation due for loss of rights;
• 250 - talks about who is given the first advantage of purchasing shared ownership and what exactly is required to carry out this operation;
• 252 – distributes shares between owners in accordance with the legislative decision of the Russian Federation and shared ownership, as well as registration of rights to the apartment.

We invite you to familiarize yourself with: Personal (civil) rights and freedoms.

All settlement actions are performed on the basis of Federal Law 122, which came into force along with amendments from the first day of 2019. It regulates the state registration of rights to real estate and actions with it.

It is necessary to take into account the amendments made on the basis of articles FZ-172 dated 06/02/2016 (“On amendments to acts of legislation of the Russian Federation”) and 218 dated 07/13/2015 (“On state registration of real estate”). Additional information can be found in the housing and tax code of the Russian Federation.

○ Risk factors.

If you decide to buy an apartment with several owners, be prepared for certain difficulties. First of all, this is the need to establish the fact of joint ownership. Because the main risk is the seller’s concealment of this circumstance.

To verify the number of owners, you need to order an extract from the Unified State Register, which will indicate all the legal owners of the property, as well as the presence of encumbrances on it. In addition, difficulties may arise during the purchase if the second owner:

• Unavailable (stays abroad or in prison).
• Is incompetent (as evidenced by a corresponding certificate).

Sales rules

According to Article 250 of the Civil Code of the Russian Federation, the procedure for the sale of real estate that is in shared ownership is established. The following conditions must be met:

• in a situation where the sale is carried out by one owner, then this procedure must be agreed upon with other residents who have a legal ownership agreement for the apartment;
• When all owners sell, the rules are different from the rules for selling parts of the property.

When purchasing a separate share, owners must obtain the consent of other owners to sell the residential property. However, the procedure is more complicated than it seems at first glance. The signing of a purchase agreement from a notary is carried out in the presence of all homeowners and in the presence of a package of business papers (primarily a USRN certificate, a registered purchase and sale form). The agreement is concluded by a notary, signed by him personally and certified by the seal of the organization - the notary office.

The right to transfer the apartment to non-residential premises

Base. Housing Code of the Russian Federation Art. 17 h. 3, art. 22 part 1, art. 23.

How it works. If you are not going to live in an apartment, but want to use it as an office, store or hostel, you need to officially change the status of the premises to non-residential. This is the right of the owner, but it can only be realized if the requirements are met - desire alone is not enough.

Here are the basic conditions for transferring an apartment to non-residential stock:

1. It is located on the first floor - or higher, but underneath there are non-residential premises.
2. There is a separate entrance or it can be equipped.
3. The neighbors are not against the reconstruction and extensions, and their rights have not been violated.

If everything matches, you can collect documents and change the purpose of the room. The decision must be made within 45 days. But they may refuse: the housing code has a list of reasons. Local authorities do not have the right to come up with their own arguments.

If something happens to the house, apartment owners may be entitled to compensation, but owners of non-residential premises will not. Even if these premises were once apartments. For example, if a house is damaged due to flooding, and federal and local authorities decide to compensate residents for lost property and allocate apartments, the owners of non-residential premises may be left with nothing.

How is property acquired with maternal capital divided?

Housing purchased, built (reconstructed) with maternity capital is divided during a divorce, taking into account the norms established by Art. 38— Labor Code of the Russian Federation and Art. 10 of Law No. 256-FZ, the rights of children and spouses to such living space must be taken into account . The division of property can be carried out both during marriage and after divorce. If the spouses cannot come to an agreement, then the property is divided in court : at the request of the husband and wife, it is decided what property goes into the possession of each of them.

Part 1 art. 39 establishes that in the event of a divorce, the shares of the husband and wife in common property are recognized as equal , unless other conditions are established in the contract. If one of the spouses receives property the value of which is more than the part due to him, then he must pay compensation.

During a divorce, the following cannot be divided :

• Individual property of husband and wife.
• Deposits made in the name of minor children of spouses at the expense of common property.
• Things to meet the needs of minors - they are transferred to the parent with whom the children will live.

You can file a lawsuit demanding division of common property within three years from the date of divorce.

Since when purchasing, constructing or restoring a home, shares in it must be allocated to each of the family members, the living space will be divided differently, depending on whether the obligation has been fulfilled or not. If the shares were allocated, then after the divorce the spouses and children will each remain with their own part. If not, then the division of the living space will be carried out in several stages:

1. It is established what part of the housing was purchased with maternity capital.
2. This area equally between parents and children: the smaller the acquired part, the smaller the shares in the housing will be. 1/4 of the cost of an apartment was paid with maternal capital , then the minimum share of each family member will be 1/16 of the living space .
3. The rest of the living space is divided in half between the spouses , unless other conditions are determined by the court or agreement.

If the cost of housing was fully paid by maternity capital , and no shares were allocated, then the entire living space is divided equally .

If the spouses have entered into a marriage contract, then the housing is divided according to it, but shares must be allocated to children and spouses .

Is an apartment purchased with maternity capital divided during a divorce?

Maternity capital is a type of state assistance, expressed in monetary terms and issued after the birth of the first or second child in the family. As a rule, these funds can be used to pay for the child’s education, create the most favorable living conditions, and so on.

However, the highest priority when allocating this type of assistance is considered to be improving the quality of life of children. To achieve this goal, maternity capital funds are invested in the purchase of an apartment.

If the housing was purchased using certificate funds, then the children are required to receive a share of such real estate. When registering real estate, the child’s parents give a notarized commitment when purchasing a home. You can immediately make an entry in favor of the children to save money on re-registration of housing.

Find out more about how to allocate shares to children after closing a mortgage with maternal capital.

In some cases, housing obtained with the help of the specified state assistance must be registered only in the name of the children. Thus, during divorce proceedings, the apartment cannot be an integral part of joint property and, as a result, is not subject to division.

The remaining options provide for the division of the apartment between all family members on equal terms.

The rules for dividing this real estate are always the same, regardless of the characteristics of the residential premises.

How an apartment purchased with maternity capital is divided during a divorce

If maternity capital funds were used to purchase new residential real estate, then during a divorce, the disputed apartment can be divided.

How to divide an apartment purchased with maternity capital during a divorce

The most appropriate and appropriate way to divide residential property during divorce proceedings is to enter into a voluntary agreement between the spouses.

Important! According to practice, this document reflects the fact that common children remain in the care of the spouse. While the husband is preparing a donation agreement for his part of the apartment for the common children, receiving in return other commensurate property, for example, a garage.

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In addition, the agreement may stipulate the husband’s ability to transfer his share of the disputed real estate, in exchange for release from the obligation to pay alimony.

Both versions of the agreement must be drawn up in writing and subsequently sent to the judicial authorities.

Once the document has been reviewed for compliance with the rights of minors, subsequent division of property will be carried out in accordance with the provisions of the specified agreement.

If the conclusion of a voluntary agreement due to certain circumstances is impossible, the division of the disputed housing is carried out through judicial proceedings.

In any case, division of children's shares is not permitted. The only thing that can be done with them is to sell them in agreement with the guardianship and trusteeship authorities or exchange them for equivalent or better real estate residential property.

At the same time, the division of an apartment that was purchased with a mortgage, but part of it or the full amount was closed with the help of maternity capital, also has its own characteristics.

How to divide a mortgaged apartment during a divorce?

If, during a divorce, the mortgage for the purchase of housing, taken out using maternity capital, has not yet been repaid , then it is impossible to allocate shares for the obligation, since the encumbrance has not been removed . As in other cases, the area purchased with the certificate funds is equally distributed between parents and children, and the rest is divided equally between the spouses.

Liabilities for the unpaid loan amount, despite the fact that it was repaid with maternal capital, will be distributed equally between husband and wife , since, according to Part 3 of Art. 39 of the Family Code of the Russian Federation, debts are divided between spouses in proportion to the shares awarded to them . A different distribution may be established by a court decision.

To sell an apartment in which maternity capital has been invested, if the mortgage has not yet been repaid , you need to receive:

• permission from the Guardianship and Trusteeship authorities;
• consent of the credit institution.

What to do if the certificate is used as a down payment when buying a house or apartment

Buy housing with funds. capital can be used in different ways. One method involves making these funds as a down payment on the loan. In this case, the funds can be used in whole or in part.

How is a house bought with maternity capital divided during a divorce?

If the house was purchased with the funds of the certificate, then it is divided taking into account whether the parents fulfilled the obligation to allocate shares or not. As in the general case, if the shares were not distributed, then the part of the house purchased with maternity capital is divided equally between family members , and the remaining area - between the spouses . Parts when dividing a house, as a rule, turn out to be larger than when dividing an apartment, due to the lower cost of such premises.

If the house was fully paid for with the certificate, then its area is divided equally .

If maternity capital is used to repair residential real estate, expand or rebuild

As in previous cases, the main requirement is to register residential real estate as common shared ownership. In this case, the shares of each family member must be equal. The division of real estate is carried out on a general basis.

The right to use common property

If you are going to buy housing, which is the joint property of spouses, it is necessary for each of them to participate in the transaction. In this case, a tripartite agreement is signed, where the husband and wife act as the seller.

The purchase and sale agreement is concluded in simple written form according to the standard scheme, but it is necessary that it be signed by both spouses. It is also possible to conclude a transaction with only one of the spouses, provided that the second has submitted a written consent to the sale, certified by a notary.

Buying a room in a communal apartment has a fundamental difference from other transactions with shared ownership:

1. Here the shares are specifically determined by the number of meters, whereas with joint ownership the division into shares is conditional.
2. Neighbors play an important role in the transaction because they have the right of first refusal. 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 you also need to make sure:

• Competence of the seller's actions.
• No encumbrances on the living space.
• Lack of registered minors and citizens serving sentences.
• The seller’s legal capacity (obtain a certificate stating that he is not registered with a psychiatrist or neurologist).

Base. Civil Code of the Russian Federation Art. 289, Housing Code of the Russian Federation, art. 36, art. 37, art. 38, post. Government No. 491 pp. 2-7.

How it works. Any owner of an apartment in an apartment building automatically becomes the owner of part of the common property. No title deeds are issued for this part, but there is still a share. This right cannot be waived, and the maintenance of the common property will have to be paid for.

Common property includes walls, roof, storage rooms, attic, basement, stairs, land, playground, parking, communications.

Each apartment owner owns a share in the common property - it is proportional to the area of ​​the apartment. This share cannot be allocated in kind, that is, you cannot take the storage room for yourself and say that this is your part of the common property, and you do not need the rest.

But you can take this storage room for your use by agreement with other residents: you will need ⅔ votes at the general meeting. Or there will immediately be an agreement that there will be one storage room on the site for each apartment and they can be distributed and used without separate decisions.

You can park a stroller near your apartment or in a common vestibule without a general meeting. You can also ride the elevator, sit on a bench and walk with your child in the common area. But hanging an advertising banner on the wall or setting up a workshop in the attic is not.

If one of the neighbors arbitrarily occupied part of the site, moved a door or expanded the balcony without the permission of other residents, you can fight this: prohibit use without permission, force it to return everything as it was, or fine it.

Neighbors may say: “We didn’t take over the basement, we’re just using it.” But violation of rights can occur without deprivation of possession. The basement is shared, you did not give consent, which means your rights have been violated and can be protected. Let them put away their wheels or give you the keys - and you, too, will store winter tires there.

To answer the question of how many apartments one person can own individually, it is necessary to refer to the Civil Code of the Russian Federation. The Civil Code of the Russian Federation regulates property relations between individuals and legal entities, and this problem is also covered there.

So, Article 213 of the Civil Code of the Russian Federation, which specifies the rights of ownership of property by individuals and legal entities, states the following:

• the amount of property that citizens and legal entities can own is unlimited;
• the value of the property also has no restrictions.

Exceptions are spelled out in Article 1, Paragraph 2 of the Civil Code of the Russian Federation, and they relate to violations of the rights and interests of other legal property owners.

Thus, we can unequivocally answer the question posed: yes, one person can own several apartments on a property basis.

In order to find out what property is owned by a person, you need to contact Rosreestr for an extract. All information about registered immovable properties is contained there. This information is confidential and cannot be provided to any person upon request. To request an extract from the Unified State Register, you must have good reason. They can do this:

• the owner himself;
• his confidant;
• presumptive heirs;
• representatives of government agencies.

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To obtain a certificate, you will need to pay a state fee. The certificate is valid for 30 days.

The form of the contract for the sale and purchase of an apartment purchased from two owners does not differ from the generally accepted one. The difference is that the contract will be tripartite - in addition to the buyer, two owners of shares of the property are indicated as the seller.

In addition to information about the owners, the agreement must contain information about the alienated real estate:

• object of sale (apartment, room);
• location (mailing address) of the residential premises being sold;
• living and common area;
• the floor where the apartment is located;
• cadastral number of the property.

The agreement must include a clause describing the procedure for transferring money to co-owners for their shares in the purchased apartment. The most convenient method of payment is by renting safe deposit boxes.

The buyer places in each cell the amount determined by the contract for each of the co-owners of the apartment. After the procedure for registering the right is completed, settlement will be made with the participation of the bank.

Purchasing real estate with two or more owners always involves a certain risk. The more seriously the buyer approaches checking the title and “history” of the apartment, the less likely he is to lose his own money and moral strength in numerous lawsuits.

What is maternity capital?

The issuance of maternity capital is one of the measures of state assistance to families with children. Maternity capital is issued in the form of a personalized certificate in the name of the mother who gave birth to or adopted a second, third or next child. And only she, as the recipient of the certificate, can dispose of the capital.

The size of the monetary amount of maternity capital depends on the number of children in the family (for example, for the third child the mother will receive a larger amount than for the second). Capital can be used for one of the purposes provided by law:

• improvement of living conditions;
• payment for the child's education;
• increase in mother's funded pension.

One way or another, mat capital comes to the family. Therefore, in the process of divorce and division of property, spouses ask a reasonable question - how maternity capital is divided during a divorce.

What is a maternity capital certificate and how is it divided?

A maternity certificate is a kind of government support measure aimed at families with children. The procedure for providing this payment is directly regulated by Law No. 256-FZ of December 29, 2006.

Currently, the right to a certificate is available only to those families who have two or more children, whether adopted or their own. Moreover, since the document is usually issued in the name of a woman, therefore, only the mother, as the recipient, will have the right to dispose of it in one of those ways provided for by domestic legislation.

In addition, the issuance of the certificate does not depend on whether she is married or not. Including, a woman does not lose the right to use the received certificate if her marriage was dissolved.

In exceptional cases, the father may also have rights to maternal capital, for example, if he is the sole adoptive parent or in the event of the death of the child’s mother, as well as the deprivation of her parental rights.

Currently, the certificate is equal to the amount of 453,026 rubles, and in 2020 it can be used not only to improve living conditions, but also in 3 more areas, namely:

• to transfer it to the funded part of the pension:
• education;
• for the purchase of goods or services for disabled children for the purpose of their social adaptation.

The certificate cannot be used for other purposes.

What may relate to the common property of spouses and be divided during a divorce is indicated in paragraph 2 of Art. 34 RF IC. In particular, this includes movable and immovable property, income from labor or other activities, as well as government payments. Regarding support measures, the legislator makes a reservation and indicates that they should not have a specific purpose, which means they can be used at their own discretion.

Since the maternal certificate is intended for purposes strictly defined by law, then, accordingly, it will not be common property. This means that this subsidy goes entirely to the spouse in whose name it was issued, which is enshrined in Art. 2 and art. 3 of Law No. 256-FZ.

Thus, during a divorce, maternity capital cannot be divided into shares. Moreover, the division of real estate that was acquired with its help has its own characteristics.

The right to demand that neighbors maintain peace and order

Base. SanPiN 2.1.2.2645-10, Code of Administrative Offenses of the Russian Federation Art. 6.3, art. 6.4, SNiP 03/23/2003.

How it works. The apartment must be used in such a way as not to disturb other people. For example, you cannot make noise at night, walk animals on the playground, carry out redevelopment without approval, or damage other people's property.

Requirements for noise levels, keeping animals and redevelopment are contained in various laws and sanitary regulations. Some things are regulated at the regional level. In some areas, silence must be observed not only in the evening, but also during the afternoon, when children may be sleeping.

If your neighbors play music, have noisy parties with alcohol, damage your property, and you can’t resolve the issue amicably, you need to call the police: your rights are being violated. At the very least, the neighbors will be fined.

In judicial practice, there are cases where neighbors were forced to increase the sound insulation of the floor because they removed the screed and laid tiles. If the neighbors have a lot of dogs that go to the toilet in the elevator and bark at night, this is also a violation of rights. You can start with complaints and then sue.

What is a share in real estate?

A share is an officially established part of the property right, allocated to citizens who own one piece of real estate. It is established on the basis of a title document or an agreement when dividing an apartment between relatives.

The actual share has an established territory, officially divided by the owners. A separate entrance should be provided here, based on permission obtained from the department of urban planning and architecture. And after reconstruction, such modifications in the apartment must be legalized and included in the technical floor plan (BTI).

More popular are ideal shares, in which property is allocated only legally - on the basis of documentation. And the use of the premises occurs jointly, according to the regulations established between the parties. This type of ownership is more correctly called not a share in an apartment, but a share in the right of ownership, since it does not actually allocate a special territory in the premises in the form of a room or part of a room, which could be officially assigned to the owner.

The division of the right to reside in one or another part of the room occurs:

• voluntarily by oral agreement;
• written agreement;
• through the court.

Reference! The norms of use when owning an ideal share are defined as the established procedure for using residential premises on the basis of clause 1

Article 246

And

Article 249 of the Civil Code of the Russian Federation

.

Most often, if a married couple purchases housing with a mortgage, they become co-borrowers and have equal rights to the apartment. If the debt agreement is not closed, except for the consent of the two owners, the bank's permission is required.

The credit institution must give its permission to sell the property to pay off the debt using funds transferred by the buyer, or re-register the mortgage agreement to the new owners of the apartment. In the latter case, the buyer must prove his solvency.

○ Purchasing an apartment in a building under construction.

If you buy an apartment in an unfinished new building from an individual, you should know that until the house is delivered, he will not be its owner. Therefore, you can purchase living space under an assignment agreement.

But this requires the consent of the developer, who continues to have rights to the apartment being sold. If the seller has paid his share in full, the developer only needs to be notified of the transaction. And if he still has obligations to him, the company must agree to the transfer of ownership and sign it.

Another type of shared ownership in a house under construction is a residents' association and the developer. In this case, you enter into a partnership and pay share contributions in the agreed amount and within the specified time frame.

You will become the owner only after you have paid the entire amount of money and the house has been successfully put into operation. Thus, if you want to buy an apartment that is owned by two or more people, be prepared for what you will have to do additional checks and receive additional documents.

Procedure for division upon divorce

Parents can choose one of two ways to divide the apartment: by agreement or through the court.

The first option is the fastest and most profitable. It comes down to the fact that the parties voluntarily sign an agreement. This document must reflect information about what and to what extent each party to the transaction will receive. At the same time, first of all, when drawing up such a document, it is important not to in any way infringe on the property rights of children. For example, according to the terms of the agreement, the husband can renounce his share of the apartment, receiving appropriate compensation for it. The following are attached to the agreement:

• certificate of divorce and birth of children;
• fee payment receipt;
• conclusion on property valuation;
• information that certificate funds were used to purchase an apartment.

The drawn up agreement will be valid only if it is notarized.

The second method is usually used by those citizens who cannot divide property on their own. A statement of claim is sent to the court, which sets out the requirements for the division of property.

To him in order Art. 132 of the Code of Civil Procedure of the Russian Federation, the same documents are attached as in the case of drawing up an agreement, as well as copies of the claim according to the number of participants in the process.

Based on the results of consideration of the claim, the court must decide on an equal division of shares. At the same time, the court will take into account that the apartment was purchased partially at the expense of maternal capital, therefore, only half of it will be divided, since the second part belongs to the children of the plaintiff and defendant, which the parents have no right to claim.

So, a maternity certificate is government assistance for families with children. However, only the parent in whose name it is issued can use the certificate. If the document is used to purchase real estate, then the purchased housing upon dissolution of the marital union will be divided equally among all family members, and if a mortgage is issued using it, debt obligations will fall equally on both co-borrowers.

The right to install a camera above the door of your apartment and an air conditioner on the facade

Base. Housing Code of the Russian Federation Art. 36.

How it works. There is no law prohibiting installing cameras to protect yourself and your property. The owner has the right to install a camera that is aimed at his door or at the vestibule door. To do this, you do not need to obtain the consent of neighbors and hold a general meeting: there is no use of common property and no processing of other people’s personal data.

But if the camera is pointed at the site, it actually works and these recordings are stored somewhere, the neighbors may make claims. Because in this case, their personal data is processed and their privacy is violated. This cannot be done without consent.

If the camera is installed in the courtyard or on the facade of the house, the residents’ consent to the processing of personal data is not required, since this is a common space and not their personal apartment. But a decision of the general meeting will be required.

A ban on installing an air conditioner may be issued in the following cases:

1. it makes loud noise and the vibration annoys the neighbors;
2. Water is dripping onto the balcony from below;
3. the air conditioner blocked the view from the neighboring apartment;
4. During installation, a crack appeared on the wall;
5. protruding wires spark and threaten fire safety.

That is, the air conditioner must be installed so that it does not disturb anyone. To be on the safe side, find out what rules for installing equipment on facades exist in a particular house: this could have been decided at some point at a general meeting.

Base. Housing Code of the Russian Federation Art. 11, Civil Code of the Russian Federation Art. 12, art. 15, art. 1064.

How it works. If the neighbors set up a hostel in their apartment, the management company does not remove the snow from the roof, strangers park in the yard, and some grandmother imagines herself to be on duty at the entrance and every month demands money to be written down in a notebook, all this is a violation of the rights of the owner.

You can protect them in any way that does not violate the law. You can force your neighbor to close the hostel, demand money from the management company to repair your car for snow falling from the roof, prohibit other people's cars from parking, and not pay the concierge anything, even if she really is looking after the house.

When protecting rights, it is better to start with a peaceful conversation, and then include written claims, complaints, statements to the police, letters to authorities and lawsuits in court. The police will deal with the hooligan neighbors, and a lawyer, the housing inspector and Rospotrebnadzor will most likely have to be involved in solving problems with the Criminal Code. Many people succeed, and you can’t stand it either.

Preparation of mandatory documents

The sale of shared ownership is regulated by the provisions of Article 250 of the Civil Code of the Russian Federation. If one buyer purchases an apartment from two or more copyright holders, then it is allowed to draw up either one purchase or sale agreement or two agreements.

One agreement provides that the seller will be each of the share owners, and the buyer will be a person to whom all the property rights of the co-owners are alienated. In addition to the fact that several persons act as a buyer, and the subject of the transaction is composed of shares owned by the sellers, the transaction takes place in the standard mode, with mandatory registration in Rosreestr (how the registration procedure takes place and what documents are needed for this, read here).

When each of the co-owners enters into a separate transaction, transferring their right independently, the property transaction is defined as trilateral if there are two sellers. Or – multilateral, if there are more than two. In this case, many nuances arise that arise from the peculiarities of the transaction that need to be taken into account. A multilateral transaction takes place at one time and in one place.

The participants in the transaction meet with a lawyer or a real estate company and at the same time enter into purchase and sale agreements (two or more, depending on the number of home owners), signing them. If desired, they certify documents by a notary. Then they are sent to the registration authority to register the agreement, in accordance with the regulations of Article 131 of the Civil Code of the Russian Federation and Federal Law No. 122-FZ of July 27, 1997.

If the repurchase of shares is extended over time, the transaction loses its multilateral status and deprives the buyer of some advantages. For example, he cannot guarantee that all planned shares will go to him - since one (several) of the co-owners may change his plans at the last moment, disrupting the re-registration procedure.

Also, when drawing up two documents, the participants in the purchase and sale procedure retain the obligation established by law governing the sale of shares. First of all, this is notifying the co-owners and obtaining their consent to the sale, certified by a notary.

Important! When registering deeds of sale for an apartment with a lawyer and having them certified by a notary, payment will be made not for the number of copies, but for the number of individual documents, which will significantly increase the payment for the procedure.

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To carry out the purchase and sale of housing that is in shared ownership, it is necessary to create a set of business papers. The process is quite labor-intensive, but it is a fundamental step when using the services of a notary. This includes:

1. Identification documents of the parties.
2. BTI technical passport.
3. Agreement for the sale and purchase of a share of real estate.
4. Refusal of all apartment owners to purchase in writing.
5. In the absence of this refusal, written evidence of the awareness of the apartment owners will be required.
6. Notarized consent of the second spouse to trade real estate (if the citizen is legally married).
7. Cadastral passport.
8. A document evidencing a registered share of real estate or a USRN certificate.
9. When a child participates in the procedure, the consent of the guardianship authorities is required.

According to the law, the relinquishment of shared ownership must be carried out in a company with a notary and with mandatory certification, which confirms the completion of the transaction. In 2020, the sale of an apartment by several owners is impossible without registering the alienation of shares and without a certified signature of a notary. New changes in the law, made to respect the rights of a certain category of owners, apply to incapacitated individuals and children.

Features and nuances

Real estate can be not only in shared ownership, but also in joint ownership. Trading such real estate involves a number of features.

When carrying out the procedure for the sale of such housing, a written contract is developed, and an act of acceptance and transfer of property is also created.

The person acquiring the property receives the right to it thanks to the presence of a sales transaction act, which is signed by the husband and wife in the presence of an expert from Rosreestr.