Selling real estate is a legal fact. Real estate transactions can be challenged only in court. So, for example, the court may declare the transaction invalid, as a result of which the buyer or seller, as well as the people registered in this property, may suffer. How to make a deal correctly, you should ask in advance.
Sale with registered members and former family members
Making a deal with the sale of residential premises in which people are registered under Articles 246, 247 of the Civil Code of the Russian Federation, as well as Article 31 of the ZhK, the law does not prohibit, but only requires the consent of all owners.
It follows from the law that registration does not give the right to use registered people after the sale of an apartment, but these people can be evicted only by a court decision. As a rule, this is a protracted legal process that can drag on for several years. In such situations, this fact is negotiated with the buyer and, as a rule, the price of such real estate is significantly lower than the market value.
The opinion that the use of the premises is assigned to members and former family members after the change of ownership is considered erroneous. So clause 2 of Art. 31 of the RF LC says only that registered people as family members, as well as former members, have the same right of use, but not orders. This is confirmed by Article 292 of the Civil Code of the Russian Federation, which says that the right to use terminates when the owner changes.
If the registered family members have the right of ownership of the dwelling (participated in the privatization), without their written consent and the consent of the unregistered owners, it is illegal. If the shares are allocated, then Article 250 of the Civil Code of the Russian Federation on preferential purchase applies to the sale. In legal practice, often one of the owners violates the law, writes a deed of gift, closing the sale of his share with it. In this case, either side can be the loser.
It is difficult to deprive owners of property rights. In legal practice, Art. 293 and 252 of the Civil Code of the Russian Federation practically do not work.
Sale with registered minor children
A real estate transaction in which minor children are registered is much more complicated.
If the child also owns or has a share, the parents (representatives) in a notarized form must provide a sale permit, and the guardianship authorities must also allow, provided that in return the child will be accompanied by a share in another property (without worsening the child's situation) - Article 292 of the Civil Code of the Russian Federation.
If the children are not the owners, then they are discharged at the place of registration of the parents. If the parents do not have registration, it is impossible to discharge the child.
Provided that the child is registered at the place of residence of the parents or an alternative share is indicated, the further course of the transaction will take place in the usual form.
