Can the owner sell his stake without the consent of the rest?

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Is it possible to sell

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Based on the analysis of the current standards of civil law, it is unambiguous to answer the question, whether the sale of a share of one of the owners without the permission of another will not work.

In practice, there are cases when the transfer of property rights without the permission of other owners is permissible.

Persons have the right to apply to the judicial authorities when they understand that the joint residence is impossible, with a claim for redemption of the share, if the second owner against the sale of third parties of the common property.

This procedure is carried out, as a rule, when a part of the one-room apartment is sold.

Given all the circumstances, the court has the right to oblige the second owner to redeem part of the apartment in the compulsory order.

Another way to implement a part of the dwelling is the conclusion of a gift agreement. In this case, you do not have to receive consent or contact the court.

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However, the seller must understand when the second owner learns that the deal was preliminary, that is, in fact, money was transferred to the part of the apartment, he may apply to the court with a claim for recognizing the agreement invalid.

Please note that money is transferred either directly to the seller on hand, or with the help of a bank cell. Of course, it is practically impossible to prove the preferabity of the transaction, however, using this method, the owner must understand possible risks.

Another way to transfer a part of the residential premises to the ownership of a third party is to design on this part of the pledge. When a person cannot fulfill any obligation, then the rights to property are transferred on the basis of the Agreement by the creditor.

In order for the part of the room in the role of the collateral, a loan commitment should be issued.

Important! Remember the above methods are only formally relevant to the law. This means that there is a possibility of establishing, for which the agreements were sent, and the transaction can be invalid.

Legal status of share ownership

Objects of real estate can be both owned by one person and owned by several persons at once. This means that its order is carried out only in accordance with Art. 244 - 247 of the Civil Code of the Russian Federation.

Property has the status together when the shares of each owner are not allocated in the prescribed manner, or the equity with the allocation of the share of each person.

The first option arises when the real estate is not possible in accordance with the norms of the law to divide into several pieces.

In the event of the need for the need, interested persons have the right to apply to the court with a claim or voluntarily transfer a living room from one status to another. Please note, it is considered when the property is general that the shares of each owner are equal.

Every owner of the share is entitled to give it at his own discretion. At the same time, the rights of third parties should not be violated, that is, other owners.

Main ways of sale

Note! So, there are the following methods, on the basis of which the owner of a part of the residential premises has the right to transfer it to a third party:

registration with a third party agreement on purchase and sale. In this case, the owner is obliged to contact the proposal for the remaining owners of the purchase of their part. Conditions in the proposal should be the same as those conditions that are offered to third parties. When the owners refused to buy or ignored the proposal, then the interested party receives the right to sell its part to third parties;
make an agreement on donation. Remember, civil law establishes a rule, according to which each owner has the right to independently dispose of its property. In this regard, a person can give its part to any person;
as it was previously said, the owner is entitled to specify a part of his property as an object of a collateral, which will be recovery if the latter cannot fulfill its obligation in the established agreement.

In practice, there are cases where owners even if desired, it is rather difficult to obtain permission or notify the remaining co-owners in the case of the sale of part of their share. For example, they do not live together, there is no information about their location and so on.

The legal way to transfer rights to part of the property is the notification of the remaining co-owners of deciding to sell its part. The notification is transmitted in person or sent a valuable letter with the description in which the documents attached to the envelope are specified.

Such a departure can be traced and subsequently in the event of controversial issues to prove that the notification was directed and was obtained.

The law establishes that after receiving the notice at the co-owners there are 30 days for its consideration and decision. When, after this period, the co-owls did not respond to the notice, the owner receives the right to sell the property to a third party.

Watch the video. Sale of a share in the apartment without the consent of other owners:

The right of the first stage

The law uses such a term as the first stage. It is used, as a rule, when it comes to the transfer of hereditary mass.

Attention! Persons entering the category of this queue receive the primary right to acquire rights or objects.

In the case of the sale of part of the property, co-owners receive such right. The seller must first offer to redeem some of them.

Please note that the purchase conditions of part of the room must be identical to those offered to third parties. So, for example, when the owner of the room decides to sell it for 1,500,000 rubles, then this amount is proposed to co-owners, and not more.

When identifying the fact of sale to a third party, over a smaller amount of co-owners, it is entitled to file a lawsuit in court and recognize the transaction invalid.

This right acts not only in the presence of a selected share in the residential premises. The same rules apply to the premises called communal. So, in the case of the sale of a room in a communal apartment, it is necessary to obtain the consent of all persons living there.

Production procedure housing

In order not to happen unpleasant, controversial legal moments, all the necessary legal aspects should be observed and implement actions in accordance with the established algorithm.

Step 1.

After making a decision to sell a part of the residential premises, notification with the terms of the transaction, a part of the residential premises, must be sent to all other co-owners. Please note that such a notification can be done by posting notifications on the Internet.

ATTENTION! See the completed sample notification for the sale of a share in the apartment:

Step 2.

This includes an agreement on the purchase and sale and act on the reception and transfer of part of the residential premises. Pay attention to the fact that the agreement necessarily indicates the object of purchase and sale so that it can be identified.

In the absence of such information, the agreement is recognized as inconclusive. In addition to the agreement, an act of acceptance and transmission is drawn up, which reflects the actual condition of the residential premises. Such an act is considered part of the contract.

Step 3.

After the transaction is completed, the new owner is obliged to register his right in the prescribed manner in Rosschestra and MFC.

Such registration occurs only after submitting the next list of documents:

a statement filed by each participant of legal relations;
the originals of the agreement and the act on the transfer of part of the property;
confirmation that all other owners were notified of the sale of part of the residential premises;
documents certifying the identities of each part of the legal relationship;
when a minor, an act of approving the transaction from the guardianship and guardianship, acts as a part.

In addition to the above documents, persons make a state fee on providing them with the state authority for the registration of law.

ATTENTION! See the completed example of a contract for the purchase and sale of a share in the apartment:

In case of failure to submit such a payment document and the absence of it in the information system, documents submitted by persons will be returned to them after the expiration of five days after submission without registration of rights.

Remember that tax legislation established certain benefits, in accordance with which under certain conditions after the sale of a part of the residential premises, it is allowed not to make a tax on the received funds.

So, the tax is not subject to real estate transactions, which:

were owned at least three years and were acquired before the beginning of January 2016;
there were no less than five years old and were acquired after January 2016.

ATTENTION! See the filled sample act of receiving a share in the apartment:

Sale of a part of the apartment owned by a child

When the owner of a part of the residential premises is a child who has not reached the age of 18, then, in addition to the main documents, the representative is obliged to obtain a conclusion from the guardianship and guardianship authorities in which they do not mind concluding an agreement.

Remember, without this conclusion, the transaction can not be concluded, and the prisoner will be invalid.

Remember! Algorithm of action with property owned by the child, the following:

to begin with, the legal representative of the minor appeals to the preparation of the conclusion in the guardianship and guardianship authorities;
further, in addition to the application, the representative is prepared by documentary information that the housing rights of the child will not be violated, the conditions for its residence will remain the same or will be improved.

When the child was 14 years old, he was entitled together with his legal representative to appear in the guardianship body and guardianship and submit his agreement that he did not object to the purchase and sale of his part of the residential premises.