How to sell a share in an apartment? This question is primarily of interest to those who own real estate together with other owners. And he arises when you need to increase your living space. How to make such a deal with the least losses?
Who needs
Almost everyone knows how to sell the whole property. But what if your property contains only part of the living space? This is difficult because it is impossible to separate one room in an apartment from another in the literal sense.
Often, how to sell a share in an apartment, couples think about when divorcing. After all, their main jointly acquired property is real estate. This situation is similar to that when several people inherit the apartment of a deceased relative at once. And everyone has a special paper that confirms their ownership. According to her, they can do anything with a share of the apartment.
Select shares and notify
Before you sell your share in the apartment, you need to re-register the property from joint to shared. If we speak the language of lawyers, then "allocate shares in kind." As a rule, they are the same for all owners.
After this procedure is completed, the owner sets a price for his share and offers to buy this part of the property to other owners. Decide on their answer, they must within a month. If after this period no proposals have been received from your neighbors, then you can sell the stake to any other person. In this case, it is better to write a written appeal.
This is where problems can begin. The fact is that owners regard the right of preemptive purchase as a kind of permission to sell a share. And, for example, they disappear in order not to receive written notice. But without their official refusal you cannot sell your part of the apartment.
How to sell a share in an apartment in court
If, nevertheless, one of the co-owners is persistently hiding from you, then it is necessary to attract a notary. He will send him a written notice. Well, then you can go to court. The law provides that if one premises cannot be used together, the owner of a smaller share may demand a ransom from the owner of a larger one. This option is relevant for those who own a share in a one-room premise. In court, such a case will most likely be decided in your favor.
And if you give?
How to sell a share in a privatized apartment, if the other owner continues to rest, but it is impossible to solve the case through the court? In this case, you can draw up a donation agreement . By law, the agreement does not require the consent of other owners.
But in this option there is one minus. After all, the deal does not legally correspond to its essence. That is, if the buyer does not pay for the share in full, or does not pay at all, you cannot show him anything. There will be no legal evidence. After all, a gift agreement does not provide for payment.
In any case, the answer to the question “how to sell a share in an apartment” depends on a number of details: property owners and their relationship to you, as well as the size of the share.