2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
According to experienced re altors, this is one of the most difficult transactions. Unfortunately, the owners of the apartment do not always maintain good relations by the time of the transaction. Often the transaction is further complicated by the fact that the shares are not allocated in kind, and therefore it is impossible to say exactly where the share of one owner ends and the share of another begins.
Can I 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 shared or shared. Most often, spouses who decide to divorce are joint owners if the property was acquired during the marriage. If such an apartment is sold as a whole, and the amount that each of the spouses will receive is agreed in advance, then there will be no problems. If one of the spouses decides to sell his share, then beforethe beginning of the transaction, it is necessary to re-register the apartment in shared ownership and determine which share belongs to the co-owners.
Setting a price
After that, the owner sets the price of his part and offers to redeem it to other owners. The law allows looking for an outside buyer only after the co-owners have refused to buy. The seller must notify the co-owners of the desire to sell his share in writing. If within a month the participants in the proposed transaction refuse to purchase, then thirty days after the notification is delivered, the share may be sold to an outsider.
Re altors know that it is impossible to sell a share in an apartment without a written refusal from the purchase of co-owners. But very often it is very difficult to hand over a written notice of sale to co-owners. Many of them try their best to refuse to receive written notice.
When is notification of the co-owner not required?
If a shareholder "gives" his legal share to a completely outsider, he may not notify the co-owner of his intention. In this case, a donation agreement is drawn up by a notary 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 the funds to the seller on a repayment basis in exchange for a share in the apartment. Then a retreat agreement is signed. The money remains with the seller, and part of the apartment goes to the mortgagee.
Sell a share in an apartment to a relative
In our time, the following possible options for transferring a share in an apartment are most common:
- inheritance;
- purchase and sale;
- rent;
- gifting.
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 above, it is possible to sell a share in an apartment, although this process is quite complicated.
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