In our country, practice of acquisition of housing in share property is widespread. Most often relatives own shares of one apartment or one house.
Features share sobstvennostiv compliance with the current legislation in share property there can be only privatized apartment. Unlike the communal flat where it is possible to define accurately borders of property of each owner, in the normal apartment to make it happens quite difficult. Therefore most often real use of rooms is carried out by agreement of residents. At sale of share in the apartment it is necessary to specify in the contract accurately what rooms are transferred to the possession to the buyer. The cost of share in the apartment it is normal below, than the market value of the sold square meters.
Favourably to sell share in the apartment, her other owners need first of all to suggest to redeem apartments. Sale of share to the only co-owner of the apartment is most favorable as in this case the buyer becomes the individual owner of the certain apartment. The notification of other owners of the planned sale of share becomes in writing, and the received answers are certified notarially. If co-owners of the apartment refuse to get the sold share, or have not answered within month from the moment of sending the notice, the seller has the right to sell the share to any person. It is easier to sell share in the apartment to the third party if this share can be allocated in nature, that is in the form of the certain room. Otherwise owners of the apartment have to define what room will be sold. If the arrangement did not manage to be reached, then allocation of the sold share in nature is carried out by a court decision.
Quickly to sell share in the apartment, it is necessary to prepare all necessary documents in advance:
- documents of title on apartment share;
- notarized refusals of other owners of repayment of share;
- floor plan and explication from BTI;
- certificates of lack of debts on utility payments and taxes;
- extract from personal account or house register;
- contract of purchase and sale
The contract of purchase and sale of share in the apartment is subject to obligatory state registration.