The sale and purchase transaction with a share of an apartment has its own individual characteristics, but one thing remains unchanged. A share can only be bought from the owner and should be registered as property (Article 122-F3 of the Federal Law).
Necessary
- - documents for a share;
- - notarial permission;
- - cadastral extracts;
- - contract;
- - act of acceptance and transfer;
- - the passport;
- - extract from the personal account and house book;
- - application to FUGRTS;
- - payment for registration;
- - photocopies of all documents.
Instructions
Step 1
If you are buying a share in a living space, read all the documents before entering into a transaction. You can sell only a share of an apartment that is allocated in kind and has a separate certificate of ownership.
Step 2
The seller of the share must first of all notify all co-owners of the sale of his share of the property, since any co-owner has the right of pre-emptive purchase on a general basis and on the terms of the seller (Article 250 of the Civil Code of the Russian Federation). If no one has taken advantage of the preemptive right, after 30 days the seller can sell his share to outsiders. At the same time, notarial permission from other co-investors is not required.
Step 3
However, notarial permission from all co-owners is required if the share was registered as a common shared ownership (Article No. 244 of the Civil Code of the Russian Federation). If the share of the apartment is in the name of one of the spouses and the marriage is registered, a notarial permit from the second spouse will be required (article 34 of the RF CC, article 256 of the RF Civil Code).
Step 4
If the number of owners for the share of the apartment is incompetent, disabled and minors, it is necessary to obtain not only a notarial permission for sale from parents, legal representatives or guardians, but also a decree from the guardianship and guardianship authorities (Article No. 26, No. 28, No. 29, No. 30 of the Civil Code of the Russian Federation).
Step 5
For the share of the apartment, the seller must receive cadastral extracts, an extract from the house book and personal account.
Step 6
Next, conclude a purchase and sale agreement, draw up an acceptance certificate and submit an application, attaching the entire package of documents confirming the transaction to the FUGRTS.
Step 7
After 30 days, you will receive a certificate of ownership of the share of the apartment.
Step 8
If the apartment is divided into shares as a percentage due to the fact that the cubic capacity is small enough and it was impossible to allocate a share in the nature of each owner, then such a share cannot be sold to an outsider. You can only get an amount equal to the share of the property from other co-owners.
