According to experienced realtors, this is one of the most difficult transactions. Unfortunately, far from always the owners of the apartment at the time of the transaction maintain good relations. Often, the transaction is complicated by the fact that no shares are allocated in kind, and therefore it is impossible to say with accuracy where the share of one owner ends and the share of another begins.
Is it possible to sell a share in an apartment?
Yes, such a deal is possible. Today we will try to figure out how to do it right. According to the laws of the Russian Federation, real estate owned by several persons belongs to them as
common property. It can be joint or shared. Most often, spouses who decide to divorce are joint owners, if the property was purchased during the marriage. If such an apartment is sold as a whole, and the amount that each spouse receives is agreed in advance, then there will be no problems. If one of the spouses decided to sell his share, then before the start of the transaction it is necessary to re-register the apartment in
shared ownership and determine which share belongs to the co-owners.
Assign a price
After that, the owner sets the price of his part and offers to buy it to other owners. The law allows searching for an outside buyer only after the co-owners have refused to purchase. The seller must notify the co-owners of the desire to sell their share in writing. If, within a month, participants in the proposed transaction refuse to purchase, then thirty days after the delivery of the notification, the share may be sold to an unauthorized person.
Realtors know that it is impossible to sell a share in an apartment without a written refusal to purchase co-owners. But very often it is very difficult to give a written notice of the sale to the co-owners. Many of them are trying in every possible way to refuse to receive written notice.
When is not required to notify the co-owner?
If the shareholder "gives" its legitimate share to a completely unauthorized person, then it may not notify the co-owner of its intention. In this case, a gift agreement is notarized and money is transferred through a bank cell . But all participants in such a transaction should be prepared for the fact that it can be challenged in court.
Collateral Scheme
It is possible to sell a share in an apartment using a pledge scheme. In this case, the buyer transfers money to the seller on the basis of repayment in exchange for a share in the apartment. Then a derogation agreement is signed. Money remains with the seller, and part of the apartment goes to the mortgagee.
Sell a share in the apartment to a relative
In our time, the following options for transferring a share in an apartment are most common:
- inheritance;
- purchase and sale;
- rent;
- giving.
In order to urgently sell a share in an apartment, it is necessary to significantly reduce its real price. In this case, you can quickly find buyers among your relatives or on the side.
As follows from the foregoing, it is possible to sell a share in an apartment, although this process is quite complicated.