Application form for the alienation of an apartment

Procedure for alienation of apartments

2 tbsp. 167 of the Civil Code of the Russian Federation, that is, each party is obliged to return to the other party everything received under the transaction, and if it is impossible to return what was received in kind, to reimburse its value in money. In exceptional cases, in accordance with Art. 165 of the Civil Code of the Russian Federation, the court has the right to recognize as valid a transaction for the purchase and sale of an apartment that has not been certified by a notary office, provided that the transaction does not contain anything illegal and in fact it was executed by both parties or one. When a notary certifies transactions for the purchase and sale of an apartment, the availability of documents is checked. We recommend reading: when reducing vacation

Alienation of a mortgaged apartment

Repossession of housing for outstanding debt is widespread in relation to mortgage loans. Apartments, even after registration of “ownership rights”, do not become the object of disposal of the persons who acquired them.

Owners who have moved into their territory are only allowed to use the space. Other types of orders are limited to the imposed encumbrance.

After the loan is repaid, the property becomes the property of the owners and gains legal independence. The encumbrance is lifted, and the object legally participates in legal transactions.

If the borrower has not calculated the strength and solvency, based on the mortgage lending agreement and an extract from the court decision, the property is alienated to the credit institution, acting as a guarantor for the return of the balance of funds.

Provided that the sale of the object did not cover the amount of the debt, the balance is collected from other income through the bailiff service or by concluding an agreement with the bank on the conditions for the return of funds.

Certificate of alienation of an apartment

300 - Other regions Alienation of property is the termination of the property of its owner with the subsequent transfer of this property to another person.
This action is regulated by the Civil Code in the section “Termination of ownership”. The concept of alienation should be distinguished from: refusal; providing an object for temporary use; providing a future possibility of alienation (for example, a preliminary purchase and sale agreement). The subject of alienation can be either things or rights. Regulatory regulation Let's consider the features and nuances of the alienation of property prescribed in the Civil Code. Grounds The right of ownership may be terminated upon alienation of property by the owner in favor of other persons, upon his abandonment of property, and in other cases to which legislative norms apply. Forced alienation of property is unacceptable, with the exception of: collection of obligations; alienation of property that cannot belong to the person to whom it was transferred; seizure of the site; redemption of cultural property; confiscation; requisitions; By the tribunal's decision.

At the will of the owner, property belonging to state or municipal property may be alienated in favor of legal entities and individuals.

How to alienate a share in an apartment

The most common are transactions for the voluntary alienation of a share in an apartment, one of which is sale.

Sale of share

Alienation is formalized by a purchase and sale agreement. It is the basis for the transfer of ownership from the previous owner to the new one. To avoid mistakes when concluding a transaction, you should act according to the algorithm:

• Step 1. Determine whether there are grounds for alienation of real estate. Only a person who has documents of ownership can dispose of the share.
• Step 2. Assess the value of the share.
• Step 3. Notify shareholders about the sale.
• Step 4. Collect the necessary documents.
• Step 5. Draw up a draft purchase and sale agreement together with a notary (lawyer), work out each point. By agreement of the parties, adjustments can be made to the document. If necessary, the agreement is provided to employees of the financial institution for obtaining a loan, to the guardianship and trusteeship authorities.
• Step 6. Prepare a purchase and sale agreement, sign it in the presence of a notary, and obtain a notarized certificate. Pay the notary fee for drawing up the agreement.
• Step 7. Pay the state fee and register the transfer of ownership of the object.
• Step 8. Calculate and pay tax.

Some of the stages cause difficulties, for example, preparing a contract, collecting documents, so it is recommended to involve an experienced lawyer in the process.

Cost estimate

You can take the cadastral value as a basis or invite an expert appraiser to set the price of the property.

The easiest way to determine the price is to multiply the total cost of the home by the equity in the property.

For example, if an apartment costs 3 million rubles, and the share in the common ownership is 1/5, its price is 3 million X1/5 = 600 thousand rubles.

In reality, shares in the real estate market are cheaper than the calculated value. The seller loses about 1/3 of the price, since such property is illiquid and there is little demand for it. It is more profitable to agree with the co-owners to buy out the share or to sell the object by common agreement of the parties with the subsequent division of the proceeds.

Notice of sale

The document is drawn up in any form. From its contents it should be clear:

• what the owner is offering for sale and on what basis;
• to whom the proposal is addressed;
• what is the value of the property;
• within what time period it is necessary to exercise the right of first refusal;
• subsequent actions after refusal to acquire a share.

Sample:

If during the negotiations it turns out that one of the owners is ready to buy a share, it is not necessary to notify the other owners.

Preparation of contract

The document is drawn up in accordance with the requirements of Art. 549, art. 550 Civil Code of the Russian Federation. The form of the agreement must be in writing. It contains information:

• about the parties to the agreement;
• about the object with a detailed description of the technical characteristics of the share;
• grounds for alienation of property;
• about the sale amount, payment procedure;
• on the rights and obligations of the parties, liability for violation of the terms of the agreement.

Sample agreement:

Documentation

When concluding a contract, you will need the following documents:

• passports of the buyer, seller; when selling the share of a minor - his birth certificate or passport;
• title documents for the subject of the contract: state registration certificate, extract from the Unified State Register of Real Estate;
• registration certificate

Additional list:

• When purchasing a share by third parties, it is necessary to have written refusals from the co-owners to purchase the share.
• If you are legally married, you must provide your spouse’s notarized consent to sell the share.
• When selling the property of a minor, the approval of the guardianship and trusteeship authorities and the consent of both parents to complete the transaction will be required (even if the father and mother are officially divorced). If the child is over 14 years of age , his written consent will be required.

After concluding the agreement, you must contact Rosreestr to register the transfer of ownership, providing the following documents:

• statement on the need for state registration from the seller and buyer;
• 3 a copy of the agreement (or more, depending on the number of interested parties);
• copies of passports, if the owner is a minor - birth certificate;
• consent of the POO and other co-owners to sell the share;
• receipt of payment of state duty.

Based on the results of checking the documents, the transfer of ownership of the share is registered 3 days If documents were submitted through the MFC, the period increases by 2-4 days.

Expenses

The contract must specify who will bear the costs associated with the execution of the contract - the seller or the buyer.

Expenses are summed up from the following components:

1. Fee for certifying the contract. The notary charges a tariff equal to 0.5% of the value of the share, and the amount cannot be lower than 300 rubles. or above 20 thousand rubles. (clause 1, clause 5, article 333.24 of the Tax Code of the Russian Federation). The fee includes checking the authenticity of documents and the purity of the transaction. The amount for the provision of other legal and technical services must be agreed upon in advance.
2. State duty for re-registration of property rights. The amount is 2000 thousand rubles.
3. Tax amount. The recipient of the income from the sale must pay personal income tax. For residents the amount is 13% , for non-residents - 30% of the cost of the share. Each taxpayer has the right to a tax deduction. Read more: Tax on the sale of a share in an apartment

Persons who have owned an apartment for more than 5 years are exempt from personal income tax. The specified period is reduced to 3 years if the property was received as a gift, as a result of privatization, under an annuity agreement with lifelong maintenance, or acquired before January 1, 2020.

Mena

The owner of a share can alienate property by exchange. The transaction is similar to a purchase and sale, only the owner will receive not the value of the property in monetary terms, but other real estate.

As with the alienation of a share through sale, the owner of the share must obtain the written consent of the remaining owners for the exchange, except in cases where the co-owner is a party to the agreement.

The parties to the transaction enter into an exchange agreement between themselves on the basis of Art. 567 Civil Code of the Russian Federation.

The transaction is not free of charge, since the exchanged objects have a certain value.

The term implies that each party is a seller of real estate. The product may be of equal or unequal value. If one of the properties is more expensive, the owner of the less expensive share makes up the difference.

Each party, as a recipient of income in kind, is obliged to pay personal income tax. If the seller (buyer) receives not only real estate, but also the difference in values ​​in monetary terms, his income will be both the amount of money received and the cost of the apartment sold.

Simultaneously with the receipt of income, another object is purchased, that is, the parties not only receive income, but also incur expenses. The amount of costs is equal to the cost of the purchased housing; it can subsequently be deducted from income when calculating personal income tax (Article 220 of the Tax Code of the Russian Federation).

Donation

A gift is understood as the gratuitous transfer of property in favor of another person. Positive aspects of this method of alienation:

• no written permission from shareholders is required;
• there is no need to pay personal income tax if the donation transaction takes place in favor of spouses, children, brothers and sisters, grandparents, grandchildren (Article 217 of the Tax Code of the Russian Federation).

The gift agreement is drawn up in writing (Article 574 of the Civil Code of the Russian Federation) and requires notarization (Article 42 of Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate”).

Often, donation is used to carry out a sale without first obtaining the consent of the remaining co-shareholders to the transaction. The owner gives a minor share to a third party, and the latter becomes one of the co-owners who has the right to acquire the share out of turn without complying with the provisions of Art. 250 Civil Code of the Russian Federation.

Sample donation agreement:

Documents required for the alienation of property with the participation of a minor

When alienating the property of a minor (including residential premises, inherited property, car, garage, etc.), it is necessary to obtain permission from the guardianship and trusteeship authority. Permission to alienate the property of a minor must be issued at the place of residence of the child (at the place of his registration), and not at the location of the living space.

1) — Statement of legal representatives (one writes a statement, the second expresses his opinion on this statement - agreement/disagreement). In the absence of a second legal representative, the applicant indicates the reason (one of the documents is presented: a death certificate, a court decision on deprivation of parental rights that has entered into legal force, a certificate in Form 25 (single mother), a notarized statement of the second representative with consent according to the specified deal). At the parental application, a minor over 10 years of age expresses his opinion on the transaction in the presence of an employee of the guardianship and trusteeship department.

Basic package of documents for the seller

To carry out the alienation procedure, the seller will need to collect the following package of documents:

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1. A citizen must have an agreement on the basis of which the procedure for re-registration of property rights takes place. This could be a real estate purchase and sale agreement, an apartment donation agreement, an apartment exchange agreement.
2. If the apartment is in shared ownership, then the citizen will need a written agreement from all co-owners of the property.
3. Refusal of the co-owners to purchase the part of the apartment being sold.
4. An extract from the Unified State Register of Real Estate, which indicates everything registered in this residential premises.
5. Cadastral and technical passports.
6. Application for the alienation procedure.
7. An extract from Rosreestr, which indicates the absence of encumbrances on this property.
8. An extract from the house register showing that there are no debts on utility bills.

Documents must be carefully checked and current at the time of submission to the government agency.

The citizen will also have to submit two applications to the authorities:

1. Application for transfer of ownership.
2. Application for registration of property rights for the new owner of the property.

What benefits are available to citizens affected by the accident at the Chernobyl nuclear power plant?

To assign payments and benefits, you need to collect documents and submit an application . It is necessary to document that you belong to the category of Chernobyl victims. To do this, you need to issue a “Chernobyl Identification Certificate” . This document will further serve as confirmation of all benefits.

Sevastopol. A Chernobyl child receives EDV and attended kindergarten for free until 2014. Now they are charging 100% of the fee, the prosecutor's office confirmed our rights to the benefit and notified that a lawsuit has been filed to restore our rights and return the funds paid for 2015. They warned that it was necessary to appear as soon as the court called. More than six months passed - silence. I sent an email to the court - no response. Where to go? Thank you, I hope for an answer.

24 Aug 2020 juristsib 119

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Who is entitled to benefits when enrolling and paying for kindergarten in 2020

Kindergarten beneficiaries mean children who, due to disability, professional, official, service affiliation of their parents, or for other reasons, have the right to apply for first or priority admission to kindergarten. Benefits for kindergarten in 2020 are regulated by Art. 55, 65 Federal Law-273 “On education in the Russian Federation”.

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Benefits for kindergarten, or how to become a recipient of benefits for kindergarten

This list is approved at the national level, but in the regions additional preferential conditions may be established for enrolling a child in kindergarten. Interested persons can obtain additional information and advice about such benefits from the territorial social protection authority.

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Benefits for kindergarten provided at the enrollment stage

When submitting a package of collected documents (common to all applicants), citizens must attach a document confirming their right to benefits. If they forgot or ignored this point, the regional commission for staffing preschool institutions will consider the application without taking into account discounts and benefits. Documents confirming the right to benefits are:

Don’t forget - if you plan to sell your dacha, the documents in 2020, as in previous years, must be drawn up correctly and certified by the relevant authorities. Only with a certificate confirming the right of ownership in hand can you dispose of the property at your own discretion.

• registration application;
• passport of a citizen of the Russian Federation;
• a notarized power of attorney for a representative of one of the parties and his identification card;
• papers confirming the execution and registration - agreement, decision of regional authorities;
• land survey plan with an act of approval of the boundaries of the site;
• financial receipt for payment of state duty.

Surveying

The purchase and sale of land involves the preparation and execution of a certain package of papers. In this article we will understand what documents are needed to sell a plot of land and how to formalize the transaction from the point of view of civil law.

1. Voluntary re-registration of property rights. In this case, the owner transfers the land plot to another person at his own request in order to conclude certain contractual relations: sale, donation, exchange or inheritance.
2. Forced re-registration of property rights. In this case, the transfer of the land plot is not related to the will of its owner. This type of alienation arises in the situation of seizure of land in favor of authorities for the purpose of using it for the needs of the state or a particular region, as well as in its confiscation based on a court decision.