2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
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 it occurs 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 a property as a whole. But what if you own only part of the dwelling? This is difficult because it is impossible to separate one room in an apartment from another in the literal sense.
Often, couples think about how to sell a share in an apartment during a divorce. After all, their main property acquired together is real estate. This situation is similar to that when the apartment of a deceased relative is inherited by several people at once. And everyone has a special paper that confirms his ownership. According to her, they can do whatever they want with the 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 to speakthe 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 the other owners. They must decide on their answer within a month. If after this period no offers have been received from your neighbors, then you can sell the share to any other person. In this case, it is better to make a written appeal. This is where problems can begin. The fact is that the owners regard the right of pre-emption as a kind of permission to sell the share. And, for example, they disappear so as not to receive a written notice. But without their official refusal to sell your part of the apartment you will not be able to.
How to sell a share in an apartment through the court
If, nevertheless, one of the co-owners is persistently hiding from you, then you need to involve a notary. He will send him a written notice. Well, then you can go to court. The legislation provides that if one premises cannot be used jointly, then the owner of a smaller share may demand a redemption from the owner of a larger one. This option is relevant for those who own a share in a one-room premise. Through the court, such a case will most likely be decided in your favor.
And if you donate?
How to sell a share in a privatized apartment if the other owner continues to resist, but it is impossible to resolve the case through the court? In this case, you can draw up an agreementshare donation. By law, such a transaction does not require the consent of other owners.
But this option has one drawback. After all, the deal legally does not correspond to its essence. That is, if the buyer does not pay for the share in full, or does not pay at all, you will not be able to show him anything. There will be no legal evidence. After all, the 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 attitude towards you, as well as the size of the share.
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