How to sell a share in an apartment in accordance with the law

How to sell a share in an apartment? This issue is primarily interested in those who own real estate together with other owners. And it occurs when you need to increase your living space. How to make such a transaction with the least losses?

Who needs it?

Almost everyone knows about how to sell a property in its entirety. But what if you own only a part of the dwelling? It's complicated because you can not separate one room in an apartment from another in the literal sense.

Often on how to sell a share in an apartment, couples wonder when divorcing. After all, their most important co-owned property is real estate. This situation is similar to the one where several people inherit the apartment of a deceased relative. And everyone has a special paper that confirms his ownership. According to her, they can do anything with the share of the apartment.

We allocate shares and notify

Before you sell your share in the apartment, you need to re-arrange the property from the joint to the share. If we talk in the language of lawyers, then "allocate shares in kind." As a rule, they are the same for all owners.

After this procedure is completed, the owner assigns a price to his share and proposes to redeem this part of the property to other owners. Determine their answer, they should within a month. If after this period no offers from your neighbors are received, then you can sell the share to any other person. It is better to write a written appeal.

That's where the problems can begin. The fact is that the owners regard the right of preemption as a kind of permission to sell the stake. And, for example, disappear to not receive written notification. But without their official refusal to sell your part of the apartment you can not.

How to sell a share in an apartment through a court

If, nevertheless, one of the co-owners persistently hides from you, then you need to draw a notary. He will send him a written notice. Well, then you can go to court. Legislation provides that if one room can not be used together, then the owner of a smaller stake may demand a ransom from the owner of a larger one. Such variant is actual for those who owns a share in one-room premise. Through the court, such a case will most likely be decided in your favor.

And if you donate?

How to sell a share in a privatized apartment, if another owner continues to rest, but can not solve a case through a court? In this case, you can draw up a share gift agreement . By law, for such a transaction, the consent of other owners is not required.

But in this version there is one minus. After all, the transaction is not legally consistent with its essence. That is, if the buyer pays for a share not completely, or does not pay at all, you can not show him anything. There will be no legal evidence. After all, the gift agreement does not provide for payment.

In any case, the answer to the question "how to sell a share in an apartment" depends on a number of details: the owners of real estate and their relationship to you, as well as the size of the share.