Buying a share in an apartment: risks, nuances and features

Share in the apartment and procedure for use

Having shared ownership of housing, it is necessary to take into account the rights and interests of all co-owners, regardless of the size of their share in the apartment. When it comes to a share in an apartment, you need to understand that it cannot be measured in square meters, draw a boundary and prohibit other co-owners from entering “other people’s territory”. Each owner of a share in an apartment has the same rights, regardless of the size of the share. Having a 1/4 share in a 2-room apartment, it is quite possible to live in a separate room, of course, provided that there is only one co-owner.

If the procedure for using the residential premises in shared ownership , this means that they use all the residential premises equally. None of the apartment owners has the right to restrict

other owners of the apartment's share in use.
Only if a court decision determines the order of use can any of the rooms be closed. Owning a share in an apartment is not the same as owning a room. A share in an apartment cannot literally be seen, touched, or said that a share in an apartment that belongs to you corresponds to some part in the apartment, unless there is a court decision to determine the order of use or the order of use has not been established by consent of the owners of the apartment. A share in an apartment
can only be expressed as a fraction, for example, 1/2, 1/5, or 3/16; no one can prohibit the owner of a 1/5 share in an apartment from sleeping in one room today and another tomorrow.
For many, this situation has become key. Now there are a lot of people and financial structures who know how to make money on a share in an apartment .

Is it always possible to allocate a share?

It is not possible to allocate a room to a co-owner in every apartment. When going to court, you can only achieve regulation of the procedure for using the apartment. This is the opinion of the Supreme Court.

When considering such claims, the court pays attention to the position of each owner of a given residential premises. In this case, the following points will be very important. What is important here is not only the size of the share, which is calculated in square meters, but also:

Does the owner have any other housing where he can live?
Family composition. Are there any minor children, what are their ages, same-sex or different-sex, who are supported by the co-owner.
The amount of income of the co-owner.
And a number of other circumstances.

How can you dispose of your share?

According to Article 244 of the Civil Code, your part of the apartment can be:

sell or donate;
bequeath;
lay down

However, since this is still a share, and not the entire apartment, it will not be possible to sell it without demand. Article 250 of the Civil Code established the advantage of co-participants in purchasing a share upon its sale. For example, if you are going to sell your share, you must first offer to buy it from you to the other co-owners of the apartment at the announced price . Moreover, the proposal must be written, for example, in a registered letter with notification .

Please note: You can give, bequeath or pledge your share without asking .

If you are faced with the question of whether to sell or donate a share , you need to consider several nuances:

if you own the share for less than 3 years, you will need to pay 13% tax on the sale;
when making a gift, the donee will pay the tax (close relatives - children, parents, spouse - do not pay tax);
a gifted share will not be divided between spouses during a divorce , unlike a sold one (this means the case when the owner of the share alienates it in favor of his child, who is already married).

But before disposing of a share that is not defined (joint property), it must first be determined .

How to register a share in an apartment

As already explained, the share can be determined either by agreement or in court.

This is required by Article 244 of the Civil Code.

If all co-owners of a common apartment decide to amicably determine their shares, you need to do this:

draw up a written agreement on the determination of shares;
register it with Rosreestr.

Previously, all real estate transactions were notarized, but now this is not required. But it's not prohibited either.

And if there is no agreement among the partners, only the judge has the right to determine the shares . By default, shares in a common apartment are equal. But an increase in someone’s favor is also possible if:

money was not invested equally in purchase or construction;
one of the co-owners improved the condition of the apartment at his own expense (for example, installed water supply).

In this case, in Rosreestr the main document will not be an agreement, but a court decision.

When buying a share of an apartment, the shareholder must remember that shared participation is not square meters or rooms of the apartment. This is a coefficient that determines the size of part of the apartment area.

In most cases, a shared apartment is real estate acquired by shareholders through inheritance or received as a gift.

The division of shares in such an apartment is possible both on the basis of a court decision and by mutual agreement of all shareholders. In this case, one of the owners is entitled to a share corresponding to the number of shareholders, either larger or smaller, or in kind.

Goals and associated risks

When weighing the pros and cons of whether it is worth buying a share in an apartment, a prospective owner of part of the home needs to compare the acquisition goals with the associated risks.

The sales advertisements provided contain information about the benefits of “three in one” at a low price:

right to property;
the possibility of permanent registration in a region of interest to non-residents;
right to reside in the territory.

The danger of buying a share in an apartment that has a small part lies in the difficulties with registration and accommodation. The size of alienated and acquired living space is not limited by law, up to division into meters and even centimeters. Owning a share below the standard is exclusively the right of a citizen.

What is the danger of buying a share in an apartment for those who want to get registration and a roof over their heads? In practice, FMS employees refuse to carry out the registration procedure, arguing the connection between registration and residence, but you cannot live on 1 square meter, therefore registration is of a formal nature.

The purchase of living space below the established regional standards leads to refusal of registration, and the courts tend to support the registration authorities. Thus, the St. Petersburg City Court made a decision on the legality of refusal to register in a living space below the minimum (for the northern capital, 9 sq. m per person) with the wording that it was impossible to actually move in.

The Migration Service carefully monitors “rubber apartments”, since the purchase of shares and fragmentation has caused mass move-in and registration with the subsequent creation of living conditions that are impossible for the co-owners.

When assessing whether it is profitable to buy a share in an apartment, the only positive point is the price factor. A simple mathematical law fails because the whole apartment will cost more than its component parts. However, it is necessary to “look back” at the footage standards established in the region.

Shared ownership: main nuances

Purchasing housing in shared ownership has a number of features. Of course, the owner has the right to independently dispose of personal property, but only when we are talking about part of the joint property: there are some restrictions on the possibility of this disposal.

When purchasing a share in an apartment, you need to know about many of the intricacies of the legal plan, since incorrect registration entails the danger of declaring the transaction illegal.

Reasons for the emergence of shared ownership of an apartment

According to the law, housing that belongs to more than two owners is common property, which, as we have already found out, can be shared or joint.

With shared ownership, the apartment is divided into shares, which may or may not be equal. The allocation of these shares is carried out based on the wishes of the owners, or according to a court verdict. Each owner receives title documents for his personal share within one apartment.

Reasons for the emergence of shared ownership:

If privatization occurs for all persons who are interested in it, at the time of privatization.
If the marriage is dissolved and the former spouses share an apartment that was previously in their common possession.
If housing is inherited by several heirs at the same time.

Note! The share of housing that is sold must be allocated in kind, or as a ratio to the total area of housing. The owner of the share must have a document in his hands where his share is indicated in fractional (or percentage) indication.

A share is a legal definition when owners can share housing, selling which is required to obtain consent from their co-owners for the new owner to move in.

Adviсe

Almost all questions frequently asked by potential equity holders are related to the careful selection of documents for its registration.
Considering the complexity of such a procedure, the optimal solution is to contact specialists who are ready to provide proper assistance. This includes carefully checking all the entries in the house register, trying to find out how long the property has belonged to the seller.

Are there any registered residents on its territory, but not identified during the initial inspection? Is it worth purchasing a share where the shareholders cannot boast of an ideal relationship?

Experienced lawyers can usually quickly and easily find out the history of the proposed share and can provide professional advice.

In the absence of proper experience in purchasing real estate, and even with its presence, such a process cannot be started without consultation with experienced lawyers and realtors, the cost of whose assistance is incomparable with the problems of future ownership, which in this case will remain unknown to the owner of a share in the apartment or house.

Preemptive buyout

After purchasing an apartment as shared ownership, the law imposes certain restrictions on the possibility of selling your own share.

Article 246 of the Civil Code of the Russian Federation determines that all manipulations that affect the interests of shared owners can only be carried out in accordance with their mutual desire.

Article 250 of the Civil Code of the Russian Federation defines the procedure for the priority right of redemption: when a share in common housing is sold to a person interested in this purchase. First of all, the owner must offer to buy out his share to other owners of this property (they can make a decision to purchase within 30 days). Only after receiving a written refusal from them, the owner acquires the right to sell his share, but to third parties.

When making a transaction with third parties, it is prohibited to set a price lower than what was previously offered to the co-owners.

Keep in mind! Violation of property rights when selling a share of joint property allows co-owners to easily protest the illegal transaction within 90 days from the day it took place.

Spouses: buying a home in shared ownership

Since the purchase of housing by spouses implies that there will be joint ownership, and not shared ownership, the procedure for registering such a transaction has a number of its own nuances.

When selling housing purchased in joint ownership, you will need to obtain consent with notarization from your spouse.

On a note. Despite the fact that during a transaction of acquisition of joint ownership it is necessary to decide on the issue of for whom the documents will be drawn up, in reality this aspect does not play a significant role, since regardless of who the contract is concluded for, both spouses have equal rights in relation to housing.

Taking care of simplifying the situation in the event of a possible divorce, the husband and wife have the opportunity to use any of three methods:

Re-register and re-enter a new agreement for two.
Draw up an agreement between each other, where you note the size of each person’s share in the event of divorce.
Initially, carry out a reasonable drafting of the marriage contract.

Spouses, if desired, can draw up documents not only for one, but also for two at once. In this case, if registration is made in the name of both spouses, you will need to allocate a share and be sure to indicate in the papers exactly which share belongs to which of the spouses.

One way to get rid of the danger of further disagreements is to conclude a marriage contract. It should indicate in detail what property the husband and wife had before their marriage. From here it will be easy to find out what property was acquired during the marriage and, accordingly, should be divided during a divorce. Among other things, the contract can specify the ratio of shares of each spouse in jointly acquired property upon its acquisition and upon divorce.

Keep in mind! Concluding an agreement is the most civilized and preferable option, due to the fact that it can indicate not only the amount of shares for each person in the purchased apartment, but also indicate the right of ownership of all other things and valuables.

Purchasing a share in a private house. Underwater rocks

There is a private house, 3 floors. In shared ownership.

The house is divided into 6 apartments.

I buy 1/3 of it there - the entire third floor (there is 1 apartment)

There is no agreement on the procedure for using shares.

Shares in kind were not allocated (and I was told that it would be extremely difficult to do this, because the house was built in violation of some standards)

What risks are associated with such a purchase?

What common frauds are there with this type of property?

Considering that there is no agreement on the procedure for using shares, it turns out that any of the owners can lay claim to my apartment? For example, a situation: there are 3 owners of 1/3 shares - each with the same apartment in the house. What if one wants to change the apartment (well, simply because the repairs are better there) and comes to the neighbor, saying, who said that this is your apartment? Can he go to court and win the right to live in a specific apartment in which another owner lives? How to defend yourself in this case?

I also ask you to familiarize yourself with the documents on the clip.

Do I need to require additional documents from the owner?

Answers from lawyers (4)

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Issues related to the procedure for disposing of shared ownership, as a type of common ownership of property, are regulated by the provisions of Chapter. 16 of the Civil Code of the Russian Federation. In particular, it says:

Article 246. Disposal of property in shared ownership 1. Disposal of property in shared ownership is carried out by agreement of all its participants.

Considering the actual situation between the owners, it is highly advisable to determine the procedure for using the premises of the house, either now (but the seller of the share is unlikely to be interested in this) or with your participation as the new owner.

In addition, there is the following article in the Civil Code of the Russian Federation:

Article 247. Possession and use of property in shared ownership 1. Possession and use of property in shared ownership are carried out by agreement of all its participants, and if no agreement is reached, in the manner established by the court. 2. A participant in shared ownership has the right to be given for his possession and use a part of the common property commensurate with his share, and if this is not possible, he has the right to demand appropriate compensation from other participants who own and use the property falling on his share.

At the same time, there are clarifications from the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated July 1, 1996, according to which:

37. The impossibility of dividing property in shared ownership in kind or separating a share from it, including in the case specified in part two of paragraph 4 of Article 252 of the Code, does not exclude the right of a participant in common shared ownership to make a demand to determine the procedure for using it property, unless this procedure is established by agreement of the parties. In resolving such a requirement, the court takes into account the actual procedure for using the property, which may not exactly correspond to the shares in the right of common ownership, the need of each of the co-owners for this property and the real possibility of joint use.

Therefore, I don’t think that concluding an agreement between the owners or determining the procedure for using the house in court will be a big problem, because, as far as I understand, the owners have already established certain relationships and even if there are technical problems, the court can confirm the right of each of the owners to a share in the house .

Pitfalls and risks when buying shares

Seemingly insignificant nuances can create a number of problems when purchasing a share in real estate. Before making a transaction, the future owner should communicate with the residents and find out the composition of the co-owners in order to monitor compliance with the algorithm and the presence or absence of problematic registered persons.

What pitfalls exist when buying an apartment in its part:

Conflict neighbors leading an immoral lifestyle. Acquiring a share in an apartment with similar co-owners is fraught with difficulties or impossibility of both further sale and cohabitation.
Presence of registered minors. At the initiative of the guardianship and trusteeship authorities, whose consent is mandatory, the transaction may be declared invalid, and the goal of purchasing a share for registration has not been achieved.
Obtaining consent from your spouse. If the part being sold belongs to the jointly acquired property, then the notarized consent of the partner is required.
Compliance with the algorithm for granting pre-emptive rights to purchase. In accordance with Article 250 of the Civil Code of the Russian Federation, before selling to a third party, the remaining co-owners should be offered priority. The addressees should be sent a notice of the planned sale, after which they should receive their decision in the form of:
consent to buyout;
30-day silence, equated to refusal and giving the owner the right to look for a buyer on the side.

Step-by-step instructions for purchasing a share of an apartment

The purchase of housing, in particular an apartment, is a fairly large investment in real estate for everyone, which sometimes turns out to be much larger in financial terms than the “investor” expected in this case. For such situations, a type of housing acquisition has been used - buying an apartment in shares.

How is such a deal concluded? What might it include? Do you need a notary or other assistant in 2020? This article will help answer these questions. It will also discuss the main options for acquiring a share of a home and possible difficulties or features associated with them.

How to draw up an agreement.

Who can I sell my share to?

A transaction with ownership shares has several options.

To co-owners

Sale to co-owners can be voluntary or forced. In the first case, the owner sets the price himself and offers part of the property to the co-owners. The second option implies the following: if the owner’s share is considered significant (the largest relative to other owners), then the issue can be resolved in court, recognizing the residents’ shares as insignificant. To make a redemption, all conditions must be met:

the share is insignificant;
real allocation is impossible;
the owner is not interested in using the common property;
the interests of a minor child are not affected.

To third parties

If the apartment has several owners, then one of them has the right to dispose of the property if the co-owners refuse the agreement. Inflating prices intentionally and then lowering them when selling to another person is a variant of deception, which leads to termination of the contract in court. The same applies to a gift agreement, which can be challenged in the case of a compensated transaction, knowing all the intricacies of the legislative framework of the Russian Federation in 2020.

To creditors

In the case of real estate pledge or by court decision (loan debt), real estate auctions are held without the consent of the shareholders and the owner himself.

Note!

If you were sold an apartment or part of it with two co-owners, one of whom was not present at the transaction and did not give consent, then the risk of deception and termination of the transaction is high. The interested party has the right to apply to the court within 3 months to demand that the sale be declared invalid.

What pitfalls await the owner when selling part of the house?

The next stage is the legalization of the new object. That is, it is required to register ownership. This procedure is carried out at the territorial office of the Federal Service for State Registration, Cadastre and Cartography. The package of documents when contacting the service will consist of an application for state registration from each individual co-owner, as well as an agreement to allocate a part from each of them, supporting documents and a registration certificate. The procedure for allocating a share in kind is often complicated by the disagreement of the remaining owners of the house with the idea that it should be turned into two residential properties. In this case, the interested party can resolve their issue in court, which is more difficult and cannot be done without professional legal assistance.

An owner who sells his share in joint ownership or a separate residential premises must first of all offer to buy it back to the other owners of the residential building. They are the ones who have the right of first refusal. Both the offer and if a refusal is received, everything must be properly documented and not done orally. It is worth noting that the seller has the right to choose if several of its co-owners want to purchase part of the house at once. The co-owner can file a claim with the court so that the rights and obligations of the buyer are transferred to him if the pre-emptive right of purchase was violated during the sale of the part. When selling residential premises to a stranger, the injured co-owner can do this within 3 months from the date of the transaction. Moreover, he cannot influence the recognition of the purchase and sale transaction as invalid, but the law is on his side in order to demand the restoration of the violated right of first refusal. And if the injured co-owner first transfers to the court deposit the amount for which part of the house was sold to an outsider, then in this case he will win in court. If the owners are given a notice, but they are in no hurry to officially refuse to buy out the share, then the interested party can wait 3 months from this moment, and then openly sell their property on the market.

Buying an apartment in shares

Buying an apartment at the same time by two citizens is especially common today, since such a transaction allows you to solve housing problems at low financial costs. This is a way out for citizens who do not have sufficient funds to purchase a separate apartment or other housing.

The real estate market today is filled with offers for the sale of apartments that were purchased as shared ownership by common-law spouses who are not married, or by ordinary people who are related or simply friendly. In this way, people gradually acquire their own apartment, buying part of the property from each other or selling shared ownership in full, and then buy a separate property according to their financial capabilities.

Procedure for purchasing shared ownership

Before purchasing the selected shared real estate, the buyer must:

make sure that the seller has a refusal from other co-owners to purchase his share. Talk to your neighbors and understand that they really have no claim to the property put up for sale. At the same time, the buyer will be able to understand whether the neighbors are friendly;
agree on the terms of the transaction with the seller on price, terms of payment, re-registration and timing of transfer of real estate. Make sure that the seller has collected the entire package of necessary documents and there are no obstacles to canceling the transaction;
sign the drawn up contract after preliminary agreement on all conditions. The agreement is signed in the presence of a notary, who must certify it;
accept property under a transfer and acceptance certificate, which is drawn up in the form of a written document and has the signatures of the parties. The act is attached to the agreement;
register the property in your name with Rosreestr, presenting there the transaction agreement and the documents necessary for re-registration of the property.

What should you pay attention to when buying a share?

When choosing shared real estate from the proposed options, you should consider the following points:

is it possible to access the apartment;
what is the nature of the relationship between other residents, will they interfere with the move-in of a new resident;
make sure of the real size of the share being sold, whether it exists in a conditionally allocated form;
how many separate rooms and how they are located, whether the room being sold is adjacent to the room of another co-owner;
whether the redevelopment has been carried out, since it is important that it be agreed upon;
if the share being sold belongs to a minor child, then you need to make sure that the seller has the consent of the guardianship authorities to alienate his property;
where is the apartment itself located, and what is its technical condition.

What are the pitfalls when buying an apartment on the secondary market?

Real estate transactions in general represent a complex category of civil law relations: this concerns checking the “cleanliness” of apartments, the stages and timing of transactions and settlements, and legal registration. In addition, the serious money that accompanies the purchase of an apartment is a bait for various kinds of scammers and swindlers.

Interesting: Number in line for kindergarten

Very often, residents of secondary housing make redevelopments in the apartment, removing unnecessary partitions and combining rooms. However, such changes are not always documented. Often, due to legal illiteracy and reluctance to spend money and time, citizens refuse to contact the competent authorities in order to legalize redevelopment.

Changes in legislation on transactions with shared ownership

Relationships with apartment neighbors are one of the main reasons for future problems, since recently transactions for the sale of shares in apartments using fraudulent schemes have become more frequent. To prevent the spread of various illegal transactions, the state adopted amendments to Federal Law No. 122 on June 02, 2016 on the registration of rights to real estate. According to the amendments, mandatory notarial support is established for all transactions relating to shared ownership

. If at first the notary participated in the registration of the transaction when selling shares only to non-owners of the apartment, now only all transactions with shared real estate are formalized by the notary.

The meaning of notarization of a transaction is for the notary to verify the legal purity of all presented documents.

What you should always remember when buying a share in an apartment

The risk of running into unscrupulous sellers and being left without money and without housing when dealing with shares is higher than when buying an apartment. This is why it is extremely important to check the property before the transaction:

Preemptive right of repurchase . Before selling his share, the owner is obliged to offer it to the owners of the remaining shares, and the price cannot be higher than the one at which he is going to offer it to third-party buyers. If this is not done, co-owners may challenge the sale and purchase transaction in the future. All proposals must be made in writing. Therefore, be sure to request from the seller not only written notifications to co-shareholders, but also their notarized refusal to purchase the share.
Encumbrance in the form of third parties . Be sure to ask the seller to provide an archival extract from the house register. This way you will find out who was registered in a given living space and when, and who was deregistered. If third parties are registered on the acquired share, even if they are relatives of the seller, it is necessary to remove them from the registration register before completing the purchase and sale transaction. If third parties are not deregistered before the transaction is completed, the new owner will only be able to deregister them through a judicial procedure.
Transaction involving a minor . If the owner of the share is a minor, then parents or guardians must act on his behalf. When selling children's shares, the consent of the guardianship authorities is required, which ensure that the minor will be provided with other housing, the living conditions will not worsen and he will not be discharged from the apartment “to nowhere.” Without the official consent of the guardianship, the court recognizes the transaction as invalid.
Forced sale of a minor share . If you want to buy a microshare, which, due to its smallness, cannot be allocated in kind, then remember that based on the claim of the other owners who own a larger area in the apartment, your share may be recognized by the court as insignificant. This is especially true when the owner of a microshare does not live in it, does not store his belongings there, etc. The court may oblige the remaining owners to pay the redemption price for it to the owner of a small share, after which the latter loses the right to it. In this case, the consent of the owner of a minor share is not required (clause 4 of Article 252 of the Civil Code of the Russian Federation).

Incomplete cost of the apartment in the purchase and sale agreement

What to check when buying land with a house

To understand how effectively the drainage system functions, you should monitor its operation during rain. If water does not accumulate near the wall of the house and does not wash out the adjacent soil, creating holes, then the drainage system is working correctly. If you observe the opposite picture, then you will have to start refining the drainage system.

In order to carry out such a transaction, a transfer of ownership of each property must be carried out. Accordingly, the transfer of ownership must be registered in relation to both the house itself and the land plot on which it is located.

05 Aug 2020 toplawyer 462

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Are there any advantages to buying a share in an apartment?

Buying a share in an apartment has its advantages:

Possibility of registration on your share . This option is suitable for those who need to resolve registration issues once and for all (for example, nonresidents for work).
Redemption of remaining shares . Some buy a share in a promising apartment in order to later, after agreeing with the other shareholders, buy the entire living space. This is much cheaper than buying similar living space at once. But the human factor cannot be ignored here - not everyone can come to an agreement.

To summarize: buying a share in an apartment can be a good investment if you soberly assess the future prospects of owning such real estate.

Possible problems and risks

In fact, there are “pitfalls” of buying a share in an apartment, and they are significant. One of the main ones is the inability to allocate and assign to the co-owner a specific material part of the object. When purchasing a share in an apartment, you are not buying a room or a certain part of it, but just a “virtual” number with a fraction, which can only be converted into square meters by agreement of all property owners. And if it is not possible to reach a consensus, take legal action. Moreover, when determining the part of the property of each co-owner, the judge will take into account a lot of nuances: whether the residents have minor children, dependents, or an alternative place to live. It is possible that a more comfortable, spacious, advantageous room in some respects will go to your neighbor, who has a share of the same size as you, or even less.

Life in an apartment that is in common ownership is even more difficult than, say, in a communal apartment, where residents still have “inviolable” personal space. Even having drawn up a written agreement about who will be located where and what boundaries not to cross, you should not relax - it will be abolished with the change of any of the co-owners. And the process of “conquering territory” will have to start all over again.

Without the consent of the co-owners, you cannot accommodate or register someone in your part of the home (even if they are immediate relatives or family members). To achieve such goals, it is necessary initially, when registering ownership rights, to further split your share into those people whom you want to see nearby in the apartment, or who need to be registered in it.

A significant risk in purchasing a share in an apartment is the fact that you, in a sense, become dependent on the future co-owners. You cannot, without obtaining the consent of your neighbors or notifying them, perform any actions with your part of the property (rent, make repairs, etc.). Even to sell to whomever you wish, you must first offer to buy the share to the co-owners of the property, because the law has given them the pre-emptive right to purchase. Only if you have written refusals to purchase a share on the terms established by you from the co-owners of the apartment (you need to notify them no later than 30 days before the expected date of the transaction), you have the right to sell your share to an outsider.

Some use a trick: they draw up a gift agreement and, on its basis, transfer the share to the new owner, supposedly for free (this operation does not require the consent of the co-owners of the property). However, such a transaction may be considered void if legal proceedings are initiated by disgruntled neighbors. In such a situation, both the seller and the buyer of the share in the problem apartment risk losing money.

In general, when planning to buy a share in real estate, it is extremely important to study the features of the relationship between co-owners and predict how they will affect you personally if you join a friendly or not so friendly team. Make sure that the seller sells it, having official refusals from the acquisition of the share by the “first priority”. In addition to considering the technical parameters and location of the object of interest, it is necessary to determine whether acquiring a share in it will allow you to achieve your goals and obtain the expected benefits.

Selling a share in an apartment - how it happens and what is the benefit to the buyer

Understanding what it is, a share in the right, a person must be aware of the presence of problematic issues when selling. It will be easiest to sell such a property if all owners want to sell the apartment at the same time. Then it will be possible to find a buyer who will agree to buy the entire living space at once.

But if you have to trade only a part, then certain problems may arise. First of all, it will take a lot of time to find a client who is interested in buying a share. The owner should understand that it will not be possible to receive a large amount in such a situation. After all, most people want to buy an entire apartment, and not a percentage of it.

The process becomes more complicated if other owners are against the person selling his share. Perhaps they simply do not want to live with someone outsider in the same territory. But at the same time they cannot purchase a part themselves due to their poor financial situation. As a result, they can interfere with the deal in every possible way, and they are really capable of delaying it.

By law, other owners have a pre-emptive right to purchase, that is, they must first be offered to purchase a part, and then look for other clients. If they agree, then the process is quite simple and quick. If they immediately refuse and put their answer in writing, then no difficulties arise either. It’s another matter when they are going to interfere with the process, and they can do this in different ways.

Options:

They won’t write a refusal, although they don’t intend to purchase. Then the person will not be able to start searching for a buyer.
They will agree, although they will not actually buy. Thus, they will delay the process, and the person will not be able to sell the living space for a long time.

In the first case, it is recommended to take certain measures. It is necessary to write a notice for each owner about the sale of the share. Next, you need to send it by mail with a notification so that you can find out about the receipt of this document. Once this happens, you will need to wait for a response. If a person does not contact the seller within 30 days, then it will be possible to start looking for clients among strangers.

Some citizens resort to cunning when they are unable to sell their property in the usual way. They use a gift agreement because it does not require the consent or refusal of other owners. However, this is an illegal and dangerous route, due to which, first of all, the buyer may suffer.

If the interested party provides evidence of the transfer of money for the gift, then the contract will be canceled. After all, a gift is a gratuitous transaction, therefore, no profit should be made for it. With this outcome, the buyer may be left without money and without an apartment. There is also a minus for the owner - the need to pay 13% of the value of the share, unless he has issued a deed of gift to a close relative.

If other owners do not interfere, then the purchase and sale will be successful. The main thing is to fill out all the necessary documents and go through the required stages, and then you will be able to change the owner of the share.

Risks when purchasing shared real estate

The purchase and sale of any real estate has its own risks, so people should be especially careful and vigilant. Otherwise, there is a chance of losing money or purchasing a problem apartment. In the case of a share, there are some unpleasant situations that the new owner may find himself in. Therefore, if possible, you should try to prevent them, so that later you don’t have to look for solutions to the problem.

It is important to find out before purchasing why part of the property is being sold. Of course, there are ordinary situations when a person no longer needs this property, perhaps he moves to another city or becomes the owner of another house. Then you can understand the desire to sell the share in order to get money for it.

It’s a completely different matter if the apartment is problematic, and the owners cannot agree for years on the rules of use, boundaries, and moving out. Therefore, one of them gets tired of the conflict and decides to get out of it, putting the buyer at risk. In such a situation, the appearance of a new person will only worsen the situation.

As a result, you will not be able to live peacefully in your unit due to constant conflicts with neighbors. Moreover, it may even turn out that the remaining owners simply will not let the new owner home. And even the police will not be able to help in such a situation, since they will consider that the conflict is of a civil nature. Another disadvantage is that human actions with real estate are significantly limited. For example, without consent, he will not be able to rent out space or even invite all his family members to live. The maximum that is possible is to use the property yourself and register your children there.

People are often tempted by the opportunity to purchase property at a low price, but they need to understand what problems buying a share can entail. It’s good if the other owners turn out to be pleasant and adequate people. But it’s a completely different matter if problems arise because of them, and in general you won’t be able to live peacefully.

That is why it is necessary to check not only documents before buying and selling, but also get to know your future neighbors. It is necessary to talk with them, discuss their attitude towards the appearance of a new owner and clarify other points of interest. Only then will it be possible to decide whether it is worth buying a specific part of the apartment or whether it is better to look for other options.

Buying a house

— The first and most important rule when buying is: It’s better to look at a house in the spring! Many people make the mistake of inspecting a house in winter. There are, of course, advantages here, one of the downsides is that you can fully evaluate the heating of the house in winter, understand how warm it is in each room. But at the same time, in winter, especially when there is a lot of snow outside, it is very difficult to assess the general condition of the house. Snow may be hiding the foundation of the house, the roof, or some dump in the back of the yard. The foundation may be damaged or cracked. The slate on the roof may also become cracked or overgrown with moss, making it difficult for you to see anything due to the snow.

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— When inspecting a house, you should pay attention to how doors and windows open. Make sure that door and window openings are not warped (you can check this using a level). If there is still a slope in the structure, this indicates improper shrinkage of the house. If possible, you should inspect the house with the lights on and the windows open, so that the twilight does not hide the defects.

We prepare a sales notice correctly

Notification of the upcoming sale of your interest is important. It is necessary to compose it correctly. If a lawyer or an experienced realtor is not involved in its preparation, the owner will have to take into account all legal requirements in the document himself.

Important! An incorrectly drafted notice may become a reason to challenge the actions of the seller.

So, in a letter to other shareholders you need:

Notify about your desire to sell a share in the apartment. Offer another owner to purchase it;
Indicate the full address of the location of the real estate;
Specify the size of the share put up for sale;
Indicate the full value of the alienated property in rubles.

Once the interested party receives the notice, he has 30 calendar days to purchase the property or abandon it.

Don't forget to tell the postal worker that you need:

send a registered letter,
create an inventory of the investment,
additionally pay for notification of delivery of the letter to the addressee.

Compliance with these will allow you to prove that you communicated your intentions within the period established by law, the other party actually received the letter, and it contained a notice of sale.

Is it possible to circumvent the legal requirement for preemption?

This possibility exists - you can alienate your share through a gift agreement. In this case, the law allows the owner to disregard the wishes of neighbors and other co-owners. The method has negative sides.

The most unpleasant moment is that you can be left without a share in the apartment and without money. Registration will be carried out by a gift agreement, according to which the owner transfers property owned to another person free of charge. No one is immune from fraudsters, so the transfer of funds must be organized before registering the agreement with the Rosreestr authorities. But the buyer may not agree to such conditions - suddenly the owner changes his mind and disappears with the money.

The second point is the need to pay tax. Receiving a gift, even a share in an apartment, is income. This must be indicated in the annual declaration and a tax of 13% of the cadastral value of the acquired property must be paid. Payment of the fee can be avoided if the seller has owned his part for more than 3 years and gives it to a close relative. (For example, a mother gives her share to her child, a sister to her brother). If you alienate property from an uncle to a nephew in this way, you will have to pay a tax fee.