○ Shares in an apartment.
Property owned by two or more persons belongs to them under the right of common ownership. Common property arises when two or more persons acquire property that cannot be divided without changing its purpose (indivisible things) or is not subject to division by law. Common ownership of divisible property arises in cases provided for by law or agreement (Article 244 of the Civil Code of the Russian Federation).
Most often, common ownership occurs when property is acquired by several persons. But there are other ways this type of ownership can arise:
- Privatization for two or more persons.
- Transfer of real estate to several persons by inheritance.
- When purchasing an apartment while you are legally married.
The peculiarity of a transaction with an apartment in common ownership is that its sale by one person is impossible without the consent of the other.
Advice to bank clients
- When the borrower is the sole owner of the entire property and there is no shared ownership. It is clear that the bank takes into account the share of property as collateral if the property is officially “divided” into shares between the owners, and this fact is recorded in the Unified State Register;
- When a share in the ownership of the common property of a residential building is pledged, but the apartment itself in this residential building is not registered as a mortgage;
- If ownership of a land plot is registered as collateral, which is not allocated in kind from lands that are in common and shared ownership.
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But! According to the law, one of the co-owners has the right to perform all these “tricks” only after written notification and consent of the other “partners” of his intentions. For example, he can sell his share only after the other co-owners of the property refuse this purchase - after all, they have the primary right to buy out this share.
○ Buying an apartment in parts.
If the common property is divisible, you can buy the apartment in parts. To do this, you need to conclude two different agreements with two owners, who will be independent of each other. For each transaction you need:
- Check all seller documentation.
- Obtain the consent of the second owner for the sale.
- Conclude a purchase and sale agreement.
- Complete state registration of transfer of ownership.
It is advisable to make these transactions at the same time to be sure that the apartment will belong to you entirely. Because if suddenly the second owner changes his mind about selling his part, you will not be able to fully manage the purchased apartment (for example, rent it out). All actions will require the consent of the co-owner.
Gift share
In order to donate a share of an apartment, you will need:
- deed of gift;
- consent of the pledge holder;
- payment of state duty.
Such procedures are most often carried out through maternity capital payments in order to provide each child with a share of housing. In these cases, parents must obtain consent from the guardianship authorities. Parents are required to write an agreement that they agree to provide shares to their children after the loan is paid off.
Mortgages for a share in an apartment have become increasingly popular lately. The reasons lie in the crisis, family circumstances. But even if those wishing to have the funds, it is not always possible to buy only part of the apartment. To give you a better chance of getting a mortgage on your share, you should seek professional help from a lawyer or notary. This way you will increase your chances and be sure that everything is going right in the deal.
○ Consent of the owner.
The absence of objections from the other owner is a key requirement for the validity of the transaction. It must not only be received, but also compiled correctly. The legislator does not provide for a strict form for drawing up the document. But there are certain data requirements that must be specified in it. So, indicate in the document:
- The name of the subject of the purchase and sale transaction with its full description (address, technical characteristics).
- Full name, passport and contact information of each owner.
- Details of the document confirming the fact of joint ownership (marriage certificate, will, purchase and sale/donation agreement, etc.).
- The fact that there are no objections to the sale of the apartment.
- Period of validity of this agreement.
- Date, signature.
In addition to the information listed, you can also indicate the buyer’s details, if by the time the document is issued it has already been found. Consent to sell must be certified by a notary.
○ Risk factors.
If you decide to buy an apartment with several owners, be prepared for certain difficulties. First of all, this is the need to establish the fact of joint ownership. Because the main risk is the seller’s concealment of this circumstance. To verify the number of owners, you need to order an extract from the Unified State Register, which will indicate all legal owners of the property, as well as the presence of encumbrances on it. In addition, difficulties may arise during the purchase if the second owner:
- Unavailable (stays abroad or in prison).
- Is incompetent (as evidenced by a corresponding certificate).
○ Apartment in common ownership of spouses.
If you are going to buy housing, which is the joint property of spouses, it is necessary for each of them to participate in the transaction. In this case, a tripartite agreement is signed, where the husband and wife act as the seller. The purchase and sale agreement is concluded in simple written form according to the standard scheme, but it is necessary that it be signed by both spouses. It is also possible to conclude a transaction with only one of the spouses, provided that the second has provided written consent to the sale, certified by a notary. Regardless of how exactly the transaction will be drawn up, you must control the participation of each spouse in it.
We analyze a mortgage loan for the share of an apartment and current offers from banks
- Sberbank offers the opportunity to purchase residential real estate on general mortgage lending terms. The minimum amount is 300 thousand rubles, and the repayment period is up to 30 years. At the same time, Sberbank boasts a small minimum annual rate, which is only 11%. You shouldn’t count on the minimum, but this is precisely an indicator of stability. Sberabank also provides loans to pensioners and takes into account additional payments. Income without documents.
- Gazprombank also has a mortgage for the purchase of a share in an apartment, but this program only applies to the purchase of the last share in an apartment or room. Rate from 11%. PV from 15%. If there is maternity capital, then the PV is 5%. There are discounts for employees of gas industry enterprises, major bank partners, salary employees and public sector employees. Duration up to 30 years. Amount from 500 thousand rubles. up to 45 million
- Tinkoff Bank. The advantage of this organization is the possibility of obtaining a mortgage for a separate share, which can be called exclusive on the domestic market. The interest rate is 13.35% (minimum) and the minimum payment is 25% of the home. The mortgage will be issued not by the bank itself, but by partner banks. There are some difficulties with collecting and transmitting documents. Tinkoff Bank acts as a mortgage broker.
- Otkritie Financial Corporation. The largest private bank provides the opportunity to purchase shares of an apartment (the last one) with a mortgage, on the terms of a 12% annual rate and 20% of the down payment (if there is a 2NDFL certificate, otherwise only 30%). The bank is quite picky about its clients.
- Deltacredit is one of the most flexible mortgage banks. It allows you to buy not only the latter, but also just a share in the apartment. The rate is quite attractive from 10.75%, but they ask to pay a commission of up to 4% of the loan amount so that it is minimal. The down payment also affects the rate. It can be from 15%, but the maximum discount will be if there is 50%. Mortgage term up to 25 years.
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○ A special type of shared ownership is a communal apartment.
Buying a room in a communal apartment has a fundamental difference from other transactions with shared ownership:
- Here the shares are specifically determined by the number of meters, whereas with joint ownership the division into shares is conditional.
- Neighbors play an important role in the transaction because they have the right of first refusal. That is, they must document their refusal to purchase the room so that it can be sold to a third party.
Otherwise, buying a room is no different from buying an apartment. Here you also need to make sure:
- Competence of the seller's actions.
- No encumbrances on the living space.
- Lack of registered minors and citizens serving sentences.
- The seller’s legal capacity (obtain a certificate stating that he is not registered with a psychiatrist or neurologist).
Do they provide loans for the purchase of private real estate?
It is possible to get a mortgage loan for a private house, however, this process is much more complicated compared to purchasing an apartment. The main difference is the subject of collateral.
A mortgage loan can be issued for the purchase of:
- a house intended for living, together with a plot of land;
- part of a residential building with land;
- townhouse with a plot of land.
Before issuing a loan, the bank thoroughly studies and evaluates the real estate that serves as collateral for the transaction.
Important! The financial institution takes as collateral not only the purchased house, but also the land on which it is built.
A lending institution can provide a loan for both the purchase and construction of a private home. In this case, the borrower owns a plot of land on which he wants to build a house. The land will serve as collateral for the mortgage. In some cases, at the discretion of the bank, additional collateral may be required.
In special publications, our experts tell you which banks make the best offers for obtaining a mortgage for a private home, and also consider the pros and cons of obtaining such a loan from VTB-24 and Sberbank.
○ Purchasing an apartment in a building under construction.
If you buy an apartment in an unfinished new building from an individual, you should know that until the house is delivered, he will not be its owner. Therefore, you can purchase living space under an assignment agreement. But this requires the consent of the developer, who continues to have rights to the apartment being sold. If the seller has paid his share in full, the developer only needs to be notified of the transaction. And if he still has obligations to him, the company must agree to the transfer of ownership and sign it. Another type of shared ownership in a house under construction is a residents' association and the developer. In this case, you enter into a partnership and pay share contributions in the agreed amount and within the specified time frame. You will become the owner only after you have paid the entire amount of funds and the house has been successfully put into operation. Thus, if you want to buy an apartment that is owned by two or more persons, be prepared for the fact that you will have to do additional checks and obtain additional documents.
Is it possible to transfer ownership of an apartment to another person with a mortgage?
Perhaps there is another property against which you can get a new loan for your mother. The bank should not suspect that you are the real lender, and not your mother. Is it possible to sell an apartment if it has a mortgage? read.
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Registration is carried out only with the consent of the apartment owners (registration does not exist now) or by court decision. Another thing is that the child has the right to a share of the father’s property as a first-degree heir.
