You will need
- -notarized authorization from all owners
- -the decision of bodies of guardianship and guardianship, if the other owner is a minor or incompetent
- notification if the second owner does not give permission for sale
- -extract from the cadastral passport
- -agreement of purchase and sale
- -the act of transfer and acceptance
- the court decision, if the share in kind cannot be
The sale of the apartment and the two owners will receive from the second owner notarized authorization for sale. If the second owner against sales and does not give permission to sell the apartment only after the allocation of your share.
If you allocated your share in kind, the second owner shall have the right on primary purchase of your share. For this it is necessary to send by registered mail a notarized notice of the terms of the transaction and the price of your shares. After a month of the default owner you can sell your share to another person.
If the apartment is not possible the allocation of shares in kind, all differences are resolved in the courts.
If the place of residence and being the second owner is unknown, or it is listed as wanted or missing persons, to sell an apartment can be without him, but if he shows up for one year and to claim their rights to the apartment the transaction of sale is void. In this case you have to return the money to buyers with payment for moral and material damage.
If the second owner is a minor or incompetent, in addition to notary authorization of legal representatives require resolution of the bodies of guardianship and guardianship about possibility of sale. Thus, a minor or incompetent person may be required to provide similar living conditions the living space.
If a minor or incompetent owner will be relocated in the worst living conditions, according to the statement of the legal representatives of the transaction of sale and purchase may invalidate.
The rest of the apartment is no different from ordinary transactions. Must obtain the extract from the cadastral passport, write out all of housing and get a certificate that all prescribed. To execute the notarial contract of sale, the act of transfer and acceptance and register of ownership rights to buyers.
Advice 2 : How to sell an apartment, in which several owners
The apartment, which is decorated right to ownership of several persons is considered common property (article 244 of the civil code). For the sale, you must obtain notarized permission from allowners.
You will need
- - notarized authorization from all co-owners;
- - the decision of the guardianship;
- - cadastral extract;
- statement of the account;
- - extract from the house register;
- - the statement in FPRZ;
- - passport of the seller and the buyers;
- - certificate of ownership of the apartment;
- - the contract;
- - the act of transfer and acceptance;
- - receipt on payment for registration;
- - photocopies of all these documents.
To sell an apartmentowned by a few people, contact with all owners in the notary's office and obtain permission for sale.
If one of the co-owners of the apartment is not able to come personally to the notary office, you can do it for him, if you have a notarized power of attorney to commit any legally significant actions on behalf of the principal.
If the number of owners of persons under guardianship of the state, get a notarized permission from parents, legal representatives or guardians. Contact the guardianship and custody with a written notice of the foreclosure and get a judgment, without which you will not be able to make the transaction of purchase and sale. To patronize persons are minors, partially capable and incapacitated citizens.
The apartment you bought, being in registered marriage, is also considered common property of the spouses (article No. 34 of the RF, article 256 of the civil code). Therefore, in order to sell it, you must obtain notarized permission from a husband (wife).
Further selling is no different from the design of the apartment, which is in single ownership. For the transaction will receive a cadastral extract from the BTI, an extract from the house register and a personal account, which is issued by the housing Department. Before receiving these documents, remove all of the registration in selling apartment.
Sign a contract of sale with the buyers, create a written act of transfer and acceptance.
By the time of the transaction is the state registration (article 433 of the civil code), without which the deal is concluded and valid, so contact PPRC. Complete the application, submit the package of documents and their Xerox copies, pay the state fee for the registration.