Real estate transactions in Russia are carried out very often, especially purchase and sale. Such operations require great attention, both from the seller and from the position of the buyer. Non-compliance of the transaction with the standards established by law will lead to the cancellation of the signed agreement. Today we will try to clarify how to sell a share in the house. Is it always possible? What difficulties do owners and buyers face most often? Where to turn for help in a particular case? Answers to all this will certainly help to avoid turmoil in the sale of real estate.
Share for sale - is it real?
Is it possible to sell a share in the house, and not the entire object? The answer to this question worries many property owners.
The legislation of the Russian Federation does not prohibit the sale of part of property. That is, the owner can get rid of both all real estate and its share. The main thing is to remember the peculiarities of the legislation of the Russian Federation and comply with the established procedure for conducting a transaction.
It is worth noting that sometimes citizens acquire jointly acquired property. Or the property is in shared ownership. Similar situations still allow you to sell shares in the property. It's just that with them the seller may have certain difficulties.
Basic conditions for the transaction
How to sell a share in the house? It will be necessary to comply with legislative standards and fulfill the conditions necessary for the conclusion of the relevant transaction. There are not many of them, but sometimes it is problematic to achieve.
Here are the conditions and rules that citizens should remember:
- You can only sell your property.
- In case of shared or joint ownership, it is necessary to obtain the consent of the co-owners / spouses for the operation.
- In the contract of sale indicate the share that is sold.
- Set the price of real estate without an inflated price tag.
- Carry out state registration of the contract of sale.
- If the property of a minor is sold, obtain permission from the guardianship authorities for the transaction. To achieve it in the realities of life is problematic.
You can sell a share in the house without the consent of the spouse or co-owner of the property. The main thing is to behave correctly. Later we find out what to do to implement the task.
Property sale: one owner
How to sell a share in the house? First, consider the process of conducting a transaction in the presence of one owner of the respective property. This is the simplest scenario.
The instruction for the sale of property will have the following interpretation:
- Make a purchase and sale agreement. It necessarily indicates the share that a person alienates.
- Find buyers. For example, using a real estate agency.
- Prepare the documentation necessary for the successful signing of the agreement.
- Go to a notary public and sign a contract of sale.
- Carry out state registration of the agreement.
- Get money for the transaction and issue a receipt on the transfer of funds to customers.
Now it remains to pay tax. A real estate buyer needs to go to Rosreestr and register for himself the purchased share of housing.
State Registration Cost
It is important to remember that state registration of sale in the case of real estate is required. Only you have to pay for it.
At the moment, individuals give 2,000 rubles for the renewal of property rights. Usually payment is made by one of the parties. More often - by the buyer.
Separately, you will have to pay for notarial services. On average, about 1.5-2 thousand rubles are given for sale. More precise information can be found in a particular notary's office.
Documents for the sale of shares with 1 owner
How to sell a share in a house if the property has only one owner? It is enough to adhere to the above algorithm of actions.
And what papers will be required for the transaction? Usually this:
- identity cards of the parties;
- purchase agreement;
- USRN statement;
- any title deed to the property (say, a will or privatization contract);
- certificate of housing valuation (optional).
In fact, everything is simple. Especially if you prepare documents for the house in advance. Only if the above certificates are available, the notary will certify the operation, and state authorities will register the agreement.
Sell jointly acquired - transaction guide
How to sell a share in a house that is bought in a marriage? To do this, you will have to enlist the support of your spouse for the operation. The exception is cases in which the couple has a marriage contract. It often prescribes transactions that can be carried out without the consent of the second half. In addition, it is often indicated features of property relations of spouses. For example, that property belongs entirely to the person to whom it is registered.
How to sell a share in a private house? If we are talking about jointly acquired real estate spouses, it is recommended:
- Obtain the consent of the husband / wife to the transaction from the notary. The document must be submitted in writing.
- Prepare a series of documents to translate ideas into reality.
- Make a sale agreement and find buyers.
- Conclude a contract in the presence of a notary. It is recommended that the co-owner be present at the notary's office when signing the agreement.
- Take the money for the transaction and issue a receipt on receipt of funds for the operation.
- Register the contract and re-register the property to the buyer in Rosreestr.
If the spouse does not agree to the sale, you will have to postpone the transaction and seek approval of the second half. Otherwise, the procedure will be carried out, but the husband / wife who disagrees with this will be able to go to court to invalidate the sale.
Help for joint property
How to sell a share in the house? Suppose we are talking about joint real estate spouses. For a hassle-free operation, you should prepare:
- USRN certificate;
- extract from the house book;
- spouse's consent to the transaction;
- prenuptial agreement (if any);
- purchase agreement;
- Marriage certificate;
- passports of all participants in the transaction;
- title certificates for the property.
All is ready? Then you can look for buyers. Practice shows that selling a share of real estate is problematic. Usually they are willingly bought by real estate agencies for further resale.
Several owners
How to sell a share in a house if the property has several owners? You will have to obtain consent for the operation from all property owners. Moreover, the seller can only get rid of his part of the housing.
How to sell part of the share in the house? In the same way as in the case of the alienation of shares in the whole property. The main thing is to obtain the consent of the co-owners for the operation.
Moreover, the algorithm of actions for the implementation of the task will coincide with the previously presented instructions (for jointly acquired objects). The difference is that instead of the consent of the husband / wife to the transaction, the person applies the permission of the co-owners of the house to the procedure to the sales contract.
If someone disagrees
How to sell a share in the house if one of the co-owners does not agree? In this case, you need to be patient. The thing is that the owners can do anything with their property. And the disagreement of the co-owner of the real estate to the operation is not a reason for refusing the transaction.
In this case, the seller must first offer other owners of the house to redeem the property for sale. If they refuse - the property (part of it) is sold at the price offered to the rest of the owners for redemption.
It is best to act in this way:
- Send a ransom offer letter of receipt.
- Wait 1 month. If during this period the co-owners do not agree with the buyback or keep silent about their decision, you can put up your part of the property for sale.
- Carry out the sale of property according to the previously mentioned principles.
If one of the co-owners agrees to the buyback, he must conclude an appropriate agreement with the seller of the property. Failures are better to draw up in writing at a notary public. Then the studied procedure will be much faster.
Inquiries for sale, if there are dissent
How to sell a share in a private house? The answer to this question will no longer make the citizen think for a long time. We studied the possible scenarios.
To sell real estate, if one of the co-owners does not agree with the procedure, you need to prepare:
- sale agreement;
- notification of receipt of a letter with the offer of redemption of a share;
- refusals of redemption certified by a notary;
- USRN statements;
- certificates from the house book;
- seller’s identity card;
- title document to the property.
Accordingly, in the presence of these securities, the studied transaction will be carried out without difficulty. The main thing is to collect evidence of notification of co-owners of the upcoming transaction.
Land and house
And how to sell a share in a house with land? In general, you will have to follow the instructions listed above. It’s just that statements of ownership of land are reported to the packages of certificates.
At the same time, lawyers recommend signing 2 purchase and sale agreements - separately for housing, separately for land. This will save you from problems with tax authorities when paying personal income tax. Both operations are carried out in one visit to a notary.
Conclusion
You can sell a share in a house without allocating part of the property only when the seller owns only a “piece” of real estate. The owner has the right to sell his property, but first he will have to offer the purchase of the property to the co-owners of the property.
How to sell a share of a house and land? The instructions above will help you with these tasks.
Some people have questions about what can be considered a title document for real estate. Typically, these are:
- privatization agreement;
- contract of sale;
- will;
- statement of acceptance of the inheritance;
- exchange agreement;
- statement of winning property;
- deed of gift;
- mortgage agreement.
Is it possible to sell a share in the house? Yes. And now everyone knows how to do it.