Purchasing a share from a relative with mutual consent
The purchase of a share of an apartment from co-owners-relatives, with the consent of the parties, occurs in the usual way on the basis of a purchase and sale agreement with subsequent state registration of property rights. The package of documents is also usual:
•purchase and sale agreement (3 copies);
•copies of documents confirming the identity of the parties;
•title documents;
•extract from the BTI;
•extract from the house register;
•notarized consent of the spouse.
At the same time, the law does not define the actual period within which the transaction must be carried out after confirmation of intention within a month in response to the notice.
Rules for purchasing a share in an apartment from a relative
If the residential premises are in common shared ownership, each co-owner of the property has the legal right to freely dispose of his share - to bequeath it, sell it, exchange it, donate it, leave it as collateral. However, in this case, according to Article 250 of the Civil Code of the Russian Federation, it is necessary to comply with the rule on the pre-emptive right to purchase.
We are talking about the co-owners of common real estate having a priority right to purchase a share put up for sale. If the property is alienated in favor of a third party who is not a co-owner of the apartment, it will not be possible to sell the share without written notification of all shareholders about the terms of the transaction.
If you want to buy out a share in an apartment from your brother, parents, ex-spouse, children or other relatives, you only need to respond to the notification received within 30 days from the date of receipt.
If the sale of a share occurred without notifying the shareholders, any of the participants in shared ownership can declare through the court the transfer of rights to the property in his favor. This must be done within 3 months from the date of conclusion of the transaction, in accordance with the third part of Article 250 of the Civil Code of the Russian Federation.
It will not be possible to force a relative to sell his share. However, in judicial practice there are cases when property was forcibly alienated in favor of another co-owner if the defendant owned an insignificant share (for example, 1/5 or 1/8 of the housing). In this case, most often you have to negotiate peacefully with the owner of the apartment.
Difficulties in such transactions arise when there is a lack of finance:
•maternity capital cannot be used to purchase shares from close relatives; By law this is considered as cashing out.
•the buyer can apply for a mortgage loan. If he already owns half or more of the apartment (buys out the last share), then according to the law, he can register the entire apartment as mortgage collateral. This is the most acceptable way for the bank, since it receives the right to a full apartment. Getting a loan in this case is quite simple. In other cases, the risk of the credit institution increases, which leads to an increase in the cost of the loan (interest rate).
Ella Sukhanova showed an apartment in which she bought a share from her ex-husband
Ella Sukhanova
Now Ella is the happy owner of two apartments in Moscow. In one of them, the renovation was completed this winter, in the other, Sukhanova is just about to start finishing work. But, according to the ex-reality participant, these are mere trifles compared to what she had to endure.
“Igor and I had a shared apartment in a new building. We found ourselves in a situation with unscrupulous contractors, and the construction was frozen. We thought that we would get nothing at all. Fortunately, last year the house was given to a new developer and construction resumed. But we had to go to court, hire a lawyer, and be active in various initiative groups in order for the case to move forward. And when Igor and I were getting divorced, he invited me to buy out his share. I took a great risk by agreeing, since construction was frozen, and the uncertainty in which all those who purchased apartments in this building found themselves was frightening. But I went for it. Thank God, everything worked out, but more than three years have passed,” Sukhanova shared with StarHit.
This housing with an area of 64 square meters cost Ella four million rubles. By the way, Tregubenko did not even congratulate his former beloved on receiving the treasured keys.
Ella Sukhanova and Igor Tregubenko officially divorced
Let us remember that Ella and Igor got married in the summer of 2016 and divorced in the winter of this year. Recently, a former participant in “DOM-2” said that she was already in a new relationship. “We’ve been together for more than a year,” she admitted, preferring not to reveal the identity of her lover. — My chosen one works in government agencies, but on principle I will not mention his name. I’ll probably seem banal, but happiness still loves silence—I’ve been convinced of this more than once. We are thinking about the wedding, but we are in no hurry. If I get married, I’ll definitely tell you!”
It took Ella more than three years to get the coveted keys to the apartment
As for Igor, he is not eager to talk about what is happening on the personal front. “I'm doing great. I am engaged in interactive, projection technologies and holography. I travel periodically, trying to discover new countries that I have not been to before. I also do volunteer work - I collaborate with an animal shelter and the “Beautiful Far Away” children's aid fund. Ella and I still have a friendly relationship. I don’t want to talk about my personal life - let it remain for my loved ones. I know from my own experience: the less people know about your achievements, the better,” said Tregubenko.
Photo: personal archive, Instagram
Forced purchase of shares from relatives
As mentioned above, the pre-emptive right to buy out a share belongs to the co-owner who lived in the apartment at the time of distribution and has no other housing. It is impossible to force other owners to sell their shares, but in some cases the practice of forced redemption by court decision is used. The plaintiff in this case is the co-owner who has a larger share or the right of first refusal.
The basis for filing a claim may be the inability to match the virtual (value) share with its physical equivalent, suitable for living by an individual family (room and common areas).
Ways to buy out a share in an ex-spouse’s apartment
Purchasing a husband's share involves concluding a purchase and sale agreement. The procedure will differ depending on whether the spouse is a co-owner or whether there are other co-owners.
Option 1. The husband agrees to sell the share, there are several shareholders, the wife is not one of them
In this case, it is necessary to observe the right of first refusal for the remaining co-owners (Article 250 of the Civil Code of the Russian Federation). According to the law, the spouse will not be able to sell the property to his ex-wife if other owners express interest in acquiring the share.
The procedure will be as follows:
- determine the price of real estate;
- the husband must notify the shareholders of his intention to sell the property to his ex-wife;
- wait to receive written refusals to purchase a share or wait a period of 30 days designated for the co-owners to make a final decision; if the shareholders are children, a waiver of purchase will be required from the guardianship and trusteeship authorities;
- draw up a purchase and sale agreement.
Option 2. The husband is not against the sale, the wife is among the shareholders
In this case, there is no need to notify anyone about the sale. The parties enter into a sales agreement (preliminary agreement) in the manner prescribed by law.
Option 3. The husband does not agree to sell his property
It is necessary to find evidence that the husband received greater benefits when selling his part of the apartment.
You can buy out a share from your ex-husband in one of 2 ways:
- By drawing up a contract. It is implied that the man agrees to the sale.
- Through the court. The co-owner wife has the right to demand payment of compensation to the spouse on account of a minor share.
Nuances when donating a share in an apartment to a relative
Let's consider the nuances when giving a share to a teenager. Minors can act as donees. That is, they can receive a share in the apartment. But there are a number of nuances that need to be taken into account when completing a transaction.
Donating a share in an apartment to a minor
In order to transfer a share in an apartment to a teenager, you must follow these rules:
- The contract must indicate the teenager's representative. This is the most important rule when designing. The contract must indicate information (place of registration and work, passport details, etc.).
- According to the law, a minor does not have the right to sign a gift agreement. Only a representative of the minor must sign the document. The notary must also sign.
If these rules are observed, the gift agreement will be considered valid. Now let's look at other nuances when completing such a transaction:
The representative of a minor is not a party to the transaction. Therefore, a representative of a minor cannot claim a share in the apartment.
He also cannot perform the following actions:
- Conclude a pledge agreement. According to the law, such a transaction is invalid. When considering such a case, the court will side with the minor.
- Donate or alienate a share of an apartment. Such actions are illegal. Winning such a case in court will not be difficult.
Today you can use the services of the MFC to register a share in an apartment. But there are a number of nuances here:
- Both parties must be present during registration. This is the most important rule. The MFC employee must make sure that both parties agree to the transaction. If one party does not agree, then the transaction will not be completed.
- It is imperative to prepare a complete package of documents (passport, various certificates and receipts, certificate of ownership and other documentation). You also need to prepare copies of all documents. If the citizen does not have copies, then they can be made on the spot.
- Pay the state fee.
- The parties to the transaction must contact a notary office for registration.
Note! The main rule when registering a transaction at the MFC is that the relationship must be confirmed with a document from the registry office. If this requirement is not met, then all efforts may become in vain.
Where and how to win an apartment from your husband during a divorce
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This is regulated by the Civil and Family Code. However, if the second spouse invested in the repair and restoration of the property, and can document this, the apartment will be divided equally or in accordance with the invested funds.
It is municipal property, and the husband is the tenant. If it is municipal property, then neither spouse can have a claim for division. In fact, the apartment does not belong to anyone by right of ownership.
Accordingly, it cannot be divided between employers. Privatized Privatized apartment can be divided in accordance with the share ratio during the procedure.
