How to sell a share in an apartment? Legal advice: how to sell a share in a privatized apartment

Basically shared ownership widespread in megacities. After the privatization of a communal dwelling and its “partition”, two to seven people can become owners of such real estate.

In addition, it can be completely strangers, relatives (children and parents) or persons who have lost family relationship (ex-husband and wife). Sooner or later, one of the co-owners of housing will wish to "part" and sell his share. And then a lot of difficulties begin to arise. How to sell a share in an apartment on favorable terms? Let's understand in detail.

Allocation of a share

To sell your stake, you need to perform a number of procedures. Without the consent of the other co-owners, it will not work to register new guests or even make repairs. And to sell or rent part of the home will also be quite difficult.

Meanwhile, it is still possible to sell a stake in a privatized apartment. True, for this you will have to go through such a troublesome procedure as the allocation of a share. This means that after privatization, each of the co-owners has an obligatory certain share.

It can be expressed fractionally. For example, a two-room apartment has two owners, the share of each of them is ½. If we talk about the share in kind, it turns out that each person owns one of the rooms, and they will own common areas (kitchen, corridor, pantry) together. Moreover, after the allocation of shares, they will also have the right to use the above premises. In this case, the share of each becomes personal, and the neighbors will remain co-owners.

Joint ownership can also be divided. This is usually a complex and lengthy process, after which common property will be canceled, and only one person will become a full owner.

Clearance procedure

Allotment of a share is executed by notary, no verbal agreements, of course, will have legal force. At the same time, if the co-owners do not come to a common decision, then this issue needs to be resolved only through the court. As a rule, the lawsuit is filed by the owner who wants to carry out the procedure for the allocation of shares. A lawsuit can drag on for up to six months or longer (especially if other participants do not attend meetings).

Sale of a part of the apartment

After allocation of a share, the owner has the right to sell it. But before you do this, you must offer to redeem your part to other owners. According to the law, before selling a share in an apartment, other owners should definitely send a written notice with an offer to make a purchase.

This document indicates the cost and technical characteristics of the home. Co-owners can make a decision on the purchase of your share within a month after reading the letter. That is, during this period they must either accept your offer or refuse the purchase.

In order to avoid any misunderstandings, such proposals must be sent by registered mail. Indeed, if in the future, for example, the owners declare in court that they did not receive any notice, then you can provide evidence.

Important Nuances

Many uninformed citizens often ask: “Is it possible to sell a share of an apartment if the neighbors are against it?” For some reason, many believe that other owners can really interfere with the process of selling their part of the home.In fact, this is not so, all you have to do with other co-owners is to notify them of your intention to sell the apartment. If they do not agree to the purchase, this does not give them the right to prohibit the sale of shares to other persons.

After 30 days have passed since the acquaintance of the neighbors, you have the right to transfer your part to anyone. But remember: the price must strictly correspond to the one you indicated in the letter of notification to the co-owners (no less and no more). If you decide to sell the share in the privatized apartment at a different price, then any of the neighbors will be able to challenge such a transaction in court for three months.

A deed of gift instead of a contract of sale

Some sellers in this case decide to go to the trick. In order not to carry out the procedure for notifying neighbors, they simply draw up a gift certificate. With this type of transaction, it is not necessary to notify neighbors at all, and registration itself will be cheaper and faster.

But there are pitfalls here: if you donate your share to a person who is not a relative of you, then the co-owners can challenge such an agreement. And even if neighbors fail to establish that instead of donation, a sale and purchase transaction took place, then the fact of the absence of family ties, in principle, is not so difficult to prove. Before you sell a share in the apartment, it is important to agree with the buyer about all the important points. In particular, discuss the payment procedure, for example, you can sell with deferred payment or in installments.

How to sell an apartment with a minor share?

If a minor is registered in the apartment, then everything depends on whether he is the landlord or not. If a share belonging to him is put up for sale, then in order to be able to realize it, one will have to obtain permission from the guardianship and guardianship authorities. In all other cases, the same pre-sale preparation takes place. However, the purchase proposal is not sent to the child, but to his parents or guardians.

Of course, other owners will have to send a notification letter. If the relations between the neighbors are normal, then you can simply discuss this issue with them, and then draw up a notarial refusal of each co-owner to purchase. If the owners refused to purchase your stake, but you changed the price, they will again have to notify you again in writing and wait for a response within a month.

Disposition of the shares of the child

If you need to sell the child’s share in the apartment, then his parents must obtain consent to the sale from the guardianship authorities. Moreover, such a structure needs to provide documents stating that the living conditions of the child will not worsen, and he will not be left without housing.

That is, you will be required to submit documents for the apartment that you are going to buy in return, or for a share in the house (the size must be no less than the child had before). Instead of papers for a new apartment where the child will live, they may require an open bank account in the name of a minor citizen or other evidence. In all other respects, in order to sell a child’s share, you will have to perform all the same actions that have already been described above.

Other share sale options

It is worth noting that you can manage your share, even if it is an uninsulated room. That is, theoretically, a person has the right to sell a share in a one-room apartment. The law does not prohibit such transactions. However, in practice, such an operation is quite difficult.

And the price of such square meters will be purely symbolic, because hardly anyone will want to share one living room, where another completely alien person lives. In this case, it is better to negotiate with the other co-owner on the sale of the entire property, or offer him to buy your share. If the neighbor does not agree to such options, then it will be necessary to solve this problem only through a court.

It is much easier to sell 1/2 the share of an apartment if there are 2 or more isolated living rooms in the dwelling.Of course, in this case, the price for real estate will sooner be lower, but if necessary, buyers for this option can be found.

Underwater rocks

Realtors note that in the process of selling shares, one can encounter many difficulties. First of all, this may be due to the fact that some co-owners confuse the concept of “pre-emptive buyback” with “permission to sell”. For example, they may evade receiving a letter of notification about the sale of a share, and without their written refusal to register a transaction is not possible. Unfortunately, the Civil Code does not say anything about what to do if the neighbors do not go to the meeting.

It is also noteworthy that by law it is impossible to oblige to sell a share in the apartment of other co-owners. Violation of the private property of others is a criminal offense. Therefore, it is only amicable to agree on your redemption of shares of other owners.

There are also situations when several co-owners will immediately want to buy back the proposed share. If this happens, the seller himself can choose which of them to transfer his share.

Cost estimate

If, despite all the difficulties, you still decide to sell a share in a privatized apartment, then you should start evaluating its value. The following factors will influence the price:

· The number of rooms in the home;

· Location of the house;

· Area of ​​the apartment;

· Market segment, etc.

Naturally, the owner has the right to set the cost of the room (s), however, practice shows that its cost will be 30-40% lower than its market price. If you decide to sell part of the share in the apartment, then get ready for the fact that this will make it even more difficult.

Cons for the buyer

Undervaluation is a legitimate “compensation” for possible conflicts with neighbors. Indeed, quite often other co-owners are not very happy with the new tenants. There are situations when neighbors generally put new locks on the front door.

In this case, the person will have to go to court with a lawsuit to provide access to use the apartment. In the court, of course, they will take the side of the victim, and the new owner will be able to return to his house with the bailiff. However, if the co-owners begin to constantly "mischief", then living in such an environment will be very difficult. So in this regard, the price of a share in an apartment will always be about a third cheaper than its market value.

findings

So how to sell a share in an apartment? In principle, if all the requirements of civil law are followed, then special difficulties should not arise. The most important thing is not to forget to offer to redeem your share to other co-owners. If they refuse, then the co-owners must issue a notarial refusal about it. If the share that is put up for sale belongs to the child, then you will also have to get permission from the guardianship authority. You also have the right to sell part of your share.

And the last: you can sell a room only if it was privatized, and the owners own the housing on the basis of shared ownership.