Tip 1: How to sell your share of inheritance

Tip 1: How to sell your share of inheritance



When the property is inherited,need for its sharing and sale. There are a number of rules that regulate the procedure for inheritance and sale of common property. In particular, we are talking about the right of preemptive redemption.





How to sell your share of inheritance


















You will need




  • - certificate of the right to inheritance;
  • - a document confirming the ownership right;
  • - written notice to other owners of the sale.




Instructions





1


When drafting a will, the owner of the propertyindependently and by his own will distributes it among his heirs. When the owner of the property has died without leaving a will, his inheritance passes to the common share ownership of the heirs according to the order of priority. They should exercise their right of inheritance for 6 months, otherwise they will have to challenge their right to property in court.





2


The division of property can be made by agreement of the parties or in court. After the completion of the section, the heir has the right to sell its part inheritance or dispose of it at their own discretion. After receiving the property by inheritance, first issue a certificate of the right to inherit, and then rewrite the inherited property in your name in the department of the Federal Registration Service.





3


If you have a desire to sell your stake inheritance, you should know that the owner of the second shareproperty is reserved the right of its preferential repayment. For example, if you and your brother inherited a two-room apartment, then the brother has the pre-emptive right to purchase this apartment.





4


If you want to sell your stake in inherited property, first report this intention of the owner of the second share inheritance. And do it in writing, indicating the price and other terms of sale. If he refuses the purchase, fixing it in writing, or does not acquire the sold stake within a month from the day you receive the message of sale, you can sell your stake to an unauthorized person. In case of violation of the right of preemptive redemption, the second owner of the common property may, within three months, demand the transfer of the rights and obligations of the buyer to him in court.





5


However, the right of preemptive redemption concerns indivisible property. If there is a technical possibility to allocate stake in kind (for example, to allocate a part of the land), then the consent of other owners in the sale is not necessary.




























Tip 2: How to give up a share in an apartment



If the privatization of the apartment took place, andliving space is in the common share ownership of several persons, you can give up your share in an apartment by registering a contract of sale or gift for this share. In case of failed privatization, it is enough to write a rejection of it. If the share belongs to you by inheritance and the ownership rights to it are not yet registered, give up the share in favor of the other heirs. If you do not want to do paperwork, just do not claim your inheritance rights. Your share will automatically go to the benefit of the other heirs.





How to refuse a share in an apartment








You will need




  • -documents that certify the identity of all parties to the transaction
  • -the documents for the apartment
  • - Notarial permission to complete the transaction from all apartment owners
  • - Certificate of residence of all registered in the apartment
  • -new technical document for the apartment
  • - a notarial contract of sale, gift or refusal of a share in the inheritance
  • -Document on payment of state duty for the transaction and registration
  • - in the presence of underage owners or incapacitated permission to enter into transactions from their legal representatives
  • - declaration of refusal of privatization certified by a notary




Instructions





1


If you are the owner of a share in an apartmentalong with other persons and a certificate of the right to property has already been issued, then make a sales contract or a gift contract for your share. For this it is necessary to perform a number of legal actions. Call the technician from the BTI. On the basis of the inspection of the apartment you will be issued a new technical passport for her. With all the apartment owners, contact the notary office to arrange a notarial permit for the gift or sale of the apartment from all the owners. The notary will formalize the contract of sale or gift to the person for whom you refuse from your share. In the registration center for real estate registration, register the transaction and issue a certificate of ownership of the person in favor of which you gave up your share.





2


If the apartment is not yet privatized and there is no evidence of a shared shareholding, simply write a statement on the refusal of privatization and notarize it.





3


If the share in the apartment belongs to you byinheritance and a certificate of the right to property has already been formalized, then make a contract of sale or gift to the person in whose favor you want to give your share. The method of transaction is indicated above.





4


If you claimed your inheritance rights, butthe certificate of ownership has not yet been formalized, then formalize a notarial agreement for the refusal of its share in favor of other heirs or in favor of a certain heir.





5


If the rights to inheritance for a share in the apartment have not yet been declared, then do not state them. In 6 months, the share in the apartment will automatically be shared among the other heirs.












Tip 3: How to get your share of inheritance



You can become an heir by testament or bylaw. With any inheritance right, it is necessary to file an application to the notary about the desire to accept the inheritance within 6 months from the date of death of the testator. If the inheritance is a will, then each heir gets its own stake according to the will. If there are no wills and the inheritance is formalized by law, all property is divided equally among the heirs.





How to get your share of inheritance








You will need




  • -passport
  • -statement
  • -the death certificate of the testator
  • - certificate from the place of residence of the testator
  • -Document confirming kinship with the testator
  • (if any)
  • -Providing documents for real estate
  • -Certification of BTI on the value of the property and the plan of the building or apartment
  • -signal of the personal account
  • -letter from the house book
  • - certificate from the tax inspection
  • reference from housing department




Instructions





1


To formalize your stake inheritance, it is necessary after the death of the testator to apply to a notary at the location of the most valuable share inheritance. Write a statement about the desire to enter into the rightsheir and submit the documents for the inherited property, the testator's documents and documents confirming the relationship with the testator. To do this, it should be no later than 6 months after the death of the testator. If this period is missed, stake inheritance it will be possible only in a judicial order.





2


After the documents are submitted to the notary, he starts a case of inheritance and after 6 months gives each heir a certificate of his share inheritance. It must be registered in the registration center and get a document for ownership. But all this happens when the heirs can agree on the division of property by peaceful means.





3


If the heirs can not agree among themselves, and someone believes that they are entitled to a large share, then you should file an application with the court for division inheritance between successors in a judicial procedure.





4


If the inheritance of a will and in itOnly the names that can inherit the property are indicated, then it is divided between the heirs voluntarily or through the court. If one of the heirs does not want to enter into the inheritance rights, then he writes a statement about the refusal to accept the inheritance, and indicates in whose favor to enroll him stake, and if it does not, then its share is subject to division among all the heirs equally.





5


A certificate of inheritance can not be obtained through6 months in the event that the light should appear another heir, which was conceived during the lifetime of the testator. In this situation, all heirs are forced to wait for the outcome of childbirth and only then divide the inheritance.





6


In cases where the will is drawn up, the heirs are indicated, but in the will there are no minors, incapable or of limited capacity, they are entitled to stake inheritance, regardless of the fact that they were not mentioned in the will.











Tip 4: How to allocate a share in the inheritance



In inheritance by law, if hereditarythe property passes to two or more heirs, and if it is inherited by the will, if it is bequeathed to two or more heirs without specifying the specific property inherited by each, such property comes from the day the inheritance was opened to the common share ownership of the heirs. To allocate a share in it, it is necessary to conclude an agreement on the division of inheritance.





How to allocate a share in the inheritance








Instructions





1


To allocate a share in the inheritance you can, having concludedagreement on the division of inheritance with other heirs. Since the division of the inheritance is a rather difficult procedure, depending on the circumstances that have developed at the time of the legacy's inception, consult with the other heirs of the lawyer about concluding an agreement on the division of inheritance. If you wish, you can simply order his training in a law firm: there they will accurately help and make an agreement, and collect the necessary documents, and arrange it.





2


If you decide to draft an agreementindependently, remember that heirs have the right to be guided by the principle of freedom of expression of will, therefore the division of the inheritance can be made by them not in accordance with the amounts due to shares. Thus, you do not have to allocate equal shares in the inheritance. The disparity of the shares allocated in kind (for example, part of the house) may not be compensated by the monetary sum. Therefore, be careful when discussing the conditions for partitioning property with other heirs and keep in mind that the partition agreement will be valid even if your share is much less than others.





3


If there are minors among the heirs,partially incapable or incompetent, an agreement on the division of hereditary property must be formalized with the participation of their legal representatives, guardians or trustees. The body of guardianship and trusteeship must also be notified of this and give the appropriate permission. So get permission from him and only after that start preparing the agreement.





4


Remember that some heirs may havepreferential right to certain items in the inheritance. Heirs living in a dwelling that can not be divided and do not have any other dwelling place have a pre-emptive right before other heirs to receive it on account of their hereditary shares. If the inheritance includes an indivisible thing, then the priority right to receive it has an heir who has always used it, or who owned it on the right of common ownership together with the testator.





5


The share sharing agreement must be in writing. At your request you can certify him at the notary.











Tip 5: How to sell a piece of land



The owner of the land plot has the rightdivide it into parts and sell it. The division of a single allotment is carried out in accordance with the Land Code and the Land Survey Law. To make a sale procedure, it is necessary to prepare a package of documents and contact the FUGRTS.





How to sell a piece of land








You will need




  • - Your passport;
  • - Notarial permission;
  • - documents for the site;
  • - contract of sale;
  • - the act of transfer;
  • - application to the FUGRC;
  • - Receipt of payment for registration.




Instructions





1


If you plan to sell part your own site, you will need toThe procedure for partitioning is to get two or more separate plots. Any division of land plots is carried out by the procedure of surveying and registration of the resulting separate land plots.





2


If the land has rightsseveral persons, as well as if you are married and land acquired during the marriage, get a notarial permission from the second spouse and all the owners to conduct the section.





3


For land surveying, call thecadastral works, on the basis of works receive a package of documents and register them in FUKK. The section of a single plot will be allowed to be produced only if the new plots meet the minimum area lands, provided in your area and go out one side on the street, where there are residential buildings. If you do not get such a method to produce a partition, for example, if a large part lands adjacent to the field or wasteland, the sale of the site is impossible.





4


If you produced a section and registered newallotments in FUKKK, then you will be given cadastral statements for registration of ownership rights to newly created plots. To do this, go to the Registration Chamber with the application and cadastral statements. Only land owned by you will be able to sell.





5


The sale of newly created plots is carried outaccording to general rules. You can sign a contract with a real estate agency to provide services for the sale and processing of documents or do it yourself.





6


If you have found buyers for educated shares, then formalize the purchase and sale agreement, the document of acceptance and transfer and submit them to the FUGRTS for registration of ownership of their customers.











Tip 6: How do the heirs sell the apartment?



The basis for the acquisition of property inproperty can become inheritance of an apartment by law or will. You can sell the inherited share after the acceptance of the inheritance, when the certificate will be issued, on the basis of which the property right is registered.





As heirs sell the apartment








You will need




  • - documents for the apartment;
  • - a package of documents for the acceptance of inheritance;
  • - certificate of inheritance;
  • - certificate of ownership;
  • - a package of documents for the purchase and sale transaction.




Instructions





1


If the testator has not left a will in which it is indicated to whom the apartment will belong, the property is divided according to law between all heirs (Article No. 1116 of the Civil Code of the Russian Federation). To receive an inheritance, it must be accepted.





2


Acceptance of inheritance is carried out by submitting an application to a notary office at the place of residence of the testator or at the location of the apartment. Present to the notary documents on flat, certificate of death of the testator, his passport, documents of kinship with the testator, marriage certificate, if you or the testator changed their surname upon entering into a legal marriage.





3


You must submit your inheritance documentswithin 6 months from the date of death of the testator. If you do not have time, the deadlines are considered to be missed, and you will have to restore them in court, proving the validity of the reason for being late.





4


The notary will open a case of inheritance. In 6 months all the heirs will receive a certificate of inheritance. Based on this document, you will be able to register ownership of your share of the apartment in the Federal Office of the State Registration Center, after which you have the right to sell it.





5


In the event that all the heirs favor the sale of an apartment divided in fractions in percentages, flat sell. The proceeds are divided between heirs in accordance with the shares of the received inheritance.





6


Apartment received in shares, issued inin-kind, can be sold independently, without asking permission from other heirs. But in accordance with Article No. 250 of the Civil Code of the Russian Federation, first of all you must offer a share of the sold property to other co-owners, who became heirs. If after one month none of the heirs expressed a desire to buy it out on your terms, you have the right to sell it to a stranger.











Tip 7: How to rewrite a share in an apartment



It often happens that one apartment hasseveral owners, each of which owns its share. In order to transfer the share of the apartment to another person, its owner must make this person an owner, having issued a gift agreement. It is not enough to rewrite the share of the apartment, the gift agreement must be appropriately assured and registered.





How to rewrite a share in an apartment








You will need




  • - certificate of registration of ownership of a stake;
  • - an extract from the house book;
  • - The cadastral passport;
  • - permission of guardianship authorities;
  • - passports of participants in the transaction;
  • - contract of gift.




Instructions





1


Prepare a package of documents certifying yourownership of a share in an apartment. You will need a certificate of registration of ownership, an extract from the house book on the property where the share is located. It is necessary to include in the package of documents an original and a copy of the cadastral passport. If the owner is married, attach a notarized statement of the wife (husband) that he or she does not object to the transfer of share to another person. Documents will also be required to certify the identity of the parties to the contract.





2


Make an agreement on donating a share. A sample of such a document can be obtained from the Federal State Registration Service of your region. If preparation of the contract causes you difficulties, ask for help from a qualified lawyer. In a contract or an annex to it, be sure to reflect how you assess the share of the property to be donated, and indicate who pays for the transaction costs.





3


Get legal advice if the contractyou are going to conclude donations with a person for whom control of guardianship and trusteeship bodies is necessary. In particular, the consent of these bodies is required for donating an apartment to a minor. When making a gift agreement, all parties to the transaction must be legally capable.





4


If you intend to rewrite a share in an apartment,which is still distributed mortgage loan, get the consent of the bank. In the absence of documentary consent from the creditor organization, the gift contract will be null and void.





5


Formulate the contract in the presence ofnotary. The Civil Code of the Russian Federation requires a notarization of the gift contract. Before signing the document, once again carefully read its contents, find out from the notary those moments of the deal that are of significant importance to you. The contract is ready to register in the unit of the Federal Registration Service of the region where the apartment is located, which contains the share to be donated.











Tip 8: What is the difference between common property and equity



Property in the broadest sense - the systemchanging relations between people in the process of production, distribution, exchange, which characterizes the appropriation of production assets or consumer goods. Property is the appropriation or acquisition of something into one's power or belonging.





What is the difference between common property and equity







Share and joint ownership

Common property is any property,which belongs to several people on the same rights. It can be of two types - shared and joint. Proprietary property is property belonging to several entities, where the share of each property participant is clearly and mathematically determined. In this case, we mean the share in the ownership right, as an abstract expression, to facilitate the designation of a share in reality. If the shares of the entities can not be determined by law and are not established by agreement of the participants, they are considered equal. Decisions regarding the share are taken by the owners separately. A person has the right to dispose of his share in the way he needs - he can sell, donate, mortgage, subject to mandatory compliance with the rules and rights to purchase the transfer of property. Joint ownership is property belonging to several entities, but in which no shares are determined. Any decision regarding property is taken only with general agreement. If the disposal of joint property occurs without observing the necessary powers of general agreement, it may be invalidated on the claim of other owners. The division of such property is possible only after the share of each is determined.

Pros and Cons of common and shared property

If expensive property is in commonownership, it is easier to maintain, since the duty is assigned to all owners, regardless of their desires. However, the maintenance of the property will be easier if the property is in a shared ownership - its content can be exercised in proportion to the shares. When purchasing property in unequal financial participation, the common ownership may be disadvantageous, since responsibility is assigned equally to all entities. This can increase the cost of the content. In the joint use of property in shared ownership, it is necessary to enter into a shared use agreement. Everyone has the right to sell his share of property, without the consent of other owners. A section of common property or partial sale is possible only if the shares of each are indicated. For registration of the inheritance on the common property, the designation of shares is also necessary, provided that several heirs are provided.








Tip 9: How to sell a piece of land



The plot outside the city is now becoming a good acquisition. It's no secret that many of them have several owners. Therefore, the purchase of a share of land section, which is in common share ownership, has become a common thing. You just need to correctly draw up a sales contract and the relevant documents.





How to sell a piece of land








Instructions





1


Receive for registration of the transaction when selling a share of the refusal of owners in the pre-emptive right to purchase a share of land section. This broadens the list of required documents for the sale and purchase in the future.





2


Specify the interest-holder interest in the sold stake. It should be borne in mind that in case of refusal by the primary buyer (owners) section) from the transaction, the price of the stake will not be changed. In the event of violation of these conditions, any participant in the shared ownership shall be entitled to demand in the court for a period of 3 months the transfer of the buyer's rights to it. If the owner is entitled to sell his stake, then the buyer and the seller enter into a contract for the sale of a stake in a land plot under common ownership in the same manner as when concluding a land purchase and sale contract section.





3


Prepare documents for the purchase and sale of shares. These include: a certificate of state registration for stake land section and the building on it (if any),legal documents (purchase and sale, inheritance, gift agreement, etc.), an extract from the cadastral passport for the land plot. After the transaction, the new owner is obliged to issue it in the registration service. For example, if a share in the ownership of a land plot (in a settlement) is sold, when there are no real estate objects on it (the plot), documents must be submitted when concluding a sales contract in which the requisites of the alienable section, namely: cadastral number, category, permitted use, total area, location, in addition its price and other significant conditions important to the parties. All equity holders are the right of common share ownership and have the priority right to buy out a share at a given cost and on equal terms, except for the case of sale at a public auction.









note

The contract of sale of the land plot is made in writing. It is signed by both parties to the agreement. It is not necessary to certify it by a notary.






Sources:


  • how to sell a piece of land








Tip 10: How to register your share in an apartment



The situation with the common property of the apartmentarise for various reasons. Inheritance of property, the acquisition of an apartment in a marriage, the privatization of housing - all this leads to the need to register their own stake at apartment. The total shared ownership of each of theparticipants becomes his property. Everyone has the right to dispose of the property at his own discretion. It is necessary only to issue a share in the ownership. As a result, you will receive a certificate of ownership.





How to register your share in an apartment








Instructions





1


Find the documented amount of your share in the apartment. The information is contained in the property sharing agreement, in the marriage contract, in the certificate of inheritance or in the court decision.





2


Solve all problems with the technical bureauinventory. There you will be given an extract from the technical passport, in which there must be a plan and an explication of the premises. On your share you should have a separate statement, certified by the body of inventory.





3


Prepare a receipt for payment of state duty, provided for by tax legislation. On the official website of Rosreestr, or visiting the office, you will find the requisites you need for payment.





4


Prepare for submission to Rosregisterall the necessary documents to register your ownership. In addition to the application, title documents (purchase contracts, certificates of the right to inheritance, privatization agreements) and a technical passport, you will need the consent of the spouse, certified by a notary.





5


Make copies of all collected documents. Take your documents with you to prove your identity. If your legal document is a marriage agreement on division, and not a marriage contract, then a notarial certificate is not required. If you want to sell your share, you will have to take into account the preferential right to purchase the share of each apartment owner. It is better to do it officially: in writing, inform the remaining owners about the sale of your share and the terms of the transaction. Remember that you need to send a notification at least a month before the sale, because the state registrar will do an examination of the documents you submitted, assess the legality of the transaction and require documents confirming that you respected the pre-emptive right to purchase.








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Tip 11: How to sell an apartment to an ex-spouse



Sell ​​apartment to the former spouse It is possible only if it was owned by the spouse before marriage. Or the spouse should prove that she acquired flat exclusively at their own expense. How to sell flat former spouse?





How to sell an apartment to an ex-spouse








Instructions





1


Prove that the apartment belonged to you before registering the marriage. Submit to the court a certificate of ownership of the given flat. It can be a contract of sale of an apartmenton own funds, certificate of the gift of an apartment, certificate of inheritance, etc. If the gift or inheritance occurs during the marriage, the apartment is still considered your personal property. And submit a marriage certificate to the court.





2


If you do not have a certificate of ownership of this flat, then prove that you bought it for your ownmeans (even if the apartment is purchased in a marriage). It can be personal savings that belonged to you before marriage. Very good, if the savings were stored in a bank. Take there an appropriate certificate, as a confirmation of own funds. Either you had inherited money or the proceeds from the sale of the estate.





3


Compose with the former spouse the contractpurchase and sale, please notify the notary. Naturally before the transaction make sure that the former spouse has the means to buy your apartment. Register the transaction with the Federal Service for State Registration, Cadastre and Cartography on general grounds for the conclusion of transactions for the sale of apartments.





4


There is another option. After the divorce, notarize the property if the apartment was jointly owned by the spouse. After the division, each spouse becomes the owner of its half of the apartment. The whole process is documented, and each of the spouses receives their own certificate of ownership. And then on the rights of the owner you can sell your part to anyone, but the first buyer's advantage belongs to the neighbor (in this case, the former spouse). If he is ready to buy your share, sell him your part of the apartment, and he will become the full owner of the whole apartment.








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Sources:


  • sold the share of inheritance