Shared ownership arises as a result of registration of ownership rights to an apartment for several people and is regulated by Article 244 of the Civil Code of the Russian Federation. Any owner has the right to dispose of his share at his own discretion and to perform any legally significant actions with his share.
It is necessary
- - passport;
- - written notification;
- - contract of sale;
- - notarial permission from all owners;
- - donation agreement;
- - will.
In order to re-register your share of the apartment for yourself and receive a separate certificate of ownership, you must carry out the procedure for the allocation of your share in kind. This procedure is carried out in court. Submit an application to the court about the desire to allocate your share, present the cadastral plan of the apartment, mark in it how your share can be allocated. The court will send an independent commission to the apartment; for consideration on the spot, it is possible to allocate a share or not.
The allocation of your share is possible only if the apartment is large and in the process of division each owner will receive an isolated room. If the court decides that each owner gets his share in kind, then call a technician from the BTI, issue a separate cadastral passport for the apartment and register your ownership rights.
You can sell, exchange, donate, bequeath your share. If you plan to re-register ownership of other persons through sale, then you must warn all other owners of shares about the terms of the transaction, since they have the pre-emptive right to buy your share (Article 250 of the Civil Code of the Russian Federation). To warn about the sale of your share, send a notarial notice to all co-owners by registered mail with a list of the attachments. If none of the co-owners intends to buy your share on the general basis specified in the notice, then after one month you have the right to re-register your share to unauthorized persons.
You can donate a share allocated in kind without asking permission from other owners. Execute a donation agreement and register ownership of the person being gifted.
If the allocation of a share in kind is impossible, then each owner will be assigned a share in percentage. In this case, it is impossible to re-register your share by sale, but you can donate it after receiving notarial permission from all owners.
After receiving notarial permission from all owners, you can conclude a donation agreement and transfer your share to the person being gifted.
You can bequeath your share to anyone, regardless of whether it is allocated in kind or in percentage. Contact a notary, show the documents for the apartment and draw up a notarial will, indicating one or more persons who will inherit your property.