How to get a share of an apartment when buying
How to get a share of an apartment when buying
Deal of sale with a share apartments has its own individual characteristics, but one remains unchanged. Share You can buy only from the owner and formalize it should be in ownership (Article 122-F3 of the Federal Law).
You will need
- - documents for a share;
- - Notarial permission;
- - cadastral statements;
- - contract;
- - certificate of acceptance;
- - passport;
- - an extract from the personal account and the house book;
- - application to the FUGRC;
- - payment for registration;
- - photocopies of all documents.
Instructions
1
If you buy a share in a living space, readwith all documents before the conclusion of the transaction. You can sell only the share of the apartment, which is allocated in kind and has a separate certificate of ownership.
2
The seller of a share must first notifyall co-owners to sell their share of the property, since any co-owner has the right of primary purchase on general terms and on the terms of the seller (Article 250 of the Civil Code of the Russian Federation). If no one has exercised the pre-emptive right, in 30 days the seller can sell its stake to outsiders. When This notarial permission from other caterers is not required.
3
However, notarial permission is required from allco-owners, if the share was registered in the common share ownership (Article 244 of the Civil Code of the Russian Federation). If the share of the apartment is registered with one of the spouses and the marriage is registered, it will require a notarial permission from the second spouse (Article 34 of the Criminal Code of the Russian Federation, Article No. 256 of the Civil Code of the Russian Federation).
4
If there is a share in the number of ownersapartments of incompetent, severely able and underage people need to obtain not only a notarial permission to sell from parents, legal representatives or guardians, but also a resolution from the guardianship and trusteeship authorities (Article 26, No. 28, No. 29, No. 30 of the Civil Code of the Russian Federation).
5
On the share of the apartment the seller must receive cadastral statements, an extract from the house book and the personal account.
6
Further, conclude a sales contract, draw up an act of acceptance and transfer and submit an application, attaching to it the entire package of documents supporting the transaction, at the FUGRTS.
7
In 30 days you will receive a certificate of ownership of the share of the apartment.
8
If the apartment is divided into shares in interestratio due to the fact that the cubature is rather small and it was impossible to allocate a share in the nature of each owner, then it is impossible to sell such a share to an outsider. You can only get an amount equal to the share of ownership from other co-owners.