Common share ownership is governed by Articles 244, 256 of the Civil Code of the Russian Federation and Article 34 of the IC of the Russian Federation. To formalize the sale of shares, you should select your share in kind or as a percentage from the common property. With different divisions, the sale of shares will differ significantly.
Necessary
- - documents of title to the share;
- - extract from cadastral documents;
- - a court order (if the share is allocated as a percentage, and the peace negotiations did not lead to the desired results);
- - contract of sale;
- - act of acceptance and transfer;
- - receipt of payment for registration.
Instructions
Step 1
If you in a judicial proceeding made a division of shares as a percentage due to the fact that it was impossible to separate shares in kind, then the sale of your share can only be carried out to persons who are your co-owners. When the property is divided, a group of co-owners becomes co-owners. According to article 250 of the Civil Code of the Russian Federation, if they wish to sell their share, all co-owners of the allocated interest shares are obliged to pay the cost of your property forcibly, if there is no voluntary agreement on this matter.
Step 2
If the court ruled that you are obliged to pay the value of your property, then the sale of a share can be reflected by drawing up a sale and purchase agreement, an act of acceptance and transfer and registration of property rights in the FUGRTS in accordance with the general procedure specified in Federal Law No. 122.
Step 3
If your share was allocated in court in kind, then you have the right to sell it to unauthorized persons, but before that, notify all co-owners of the sale on your terms and at your price. For a warning, contact a notary, draw up a notarial notice, send it to all co-owners by registered mail with a description of the attachment. Do not hand over the notification personally, because in case of problems, due to the fact that you did not offer the co-owners to use the preemptive right to purchase, you will not be able to prove that this is not the case.
Step 4
If one of the co-owners decided to purchase your share of the property, then you can reflect the sale in accordance with the current law. Conclude a notarized or written purchase and sale agreement, an act of acceptance and transfer and submit documents to the registration center to register ownership of your share to the one who bought it from you.
Step 5
If within one month no one has expressed a desire to acquire your share, then you have the right to sell it to any person, reflecting the sale in the general indicated order.
