Advice 1: How to sell the apartment, if two of the owner

Features of sale of the apartment if there are two or more owners is that all owners need a notarized authorization of the sale. If the ownerof the mi are minors, incapable, partially capable, then additionally you need to obtain a resolution to permit the sale of the guardianship and trusteeship body, with the resolution of the head of the district administration.
How to sell the apartment, if two of the owner
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
Instruction
1
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.
2
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.
3
If the apartment is not possible the allocation of shares in kind, all differences are resolved in the courts.
4
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.
5
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.
6
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.
7
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 apartment with care

When the share in the apartment or even the whole flat belongs to a minor, selling it will be quite problematic. And all this because of what necessarily will need to obtain the permission of bodies of guardianship that oversee this issue. This process is quite lengthy due to the number of necessary papers. And not everyone knows what exactly need to start selling apartments, "custody".
How to sell apartment with care
Instruction
1
To start to request from the notary. Generally require the original of this document. By the way, the whole list of documents required not only when selling the apartment, but also in its exchange, donation, etc. If you are a parent of a minor owner of the premises, then you will also need the corresponding statement about the sale of the apartment. If parents have a child there, and you're just the person who has entrusted the sale process of housing, give the child a special document certifying the absence of parents. It may be a death certificate, court decision on deprivation of parental rights or recognition of a parent missing.
2
Of course, you need a statement from the minor dwelling. However, only in the case when he has reached 14 years of age. In other cases, a statement from the child's guardian (if he has no parents). If you work with a certain degree of minors in the apartment, make sure to collect statements that they are not opposed to the sale, with all adult owners of the remaining shares of the dwelling.
3
You also grant to the guardianship birth certificate of the child and the documents confirming his right of ownership of the dwelling (deed of gift, a will, etc.). Of course, in order to sell the apartment "custody" take care of paying all the necessary bills utilities, pay the light and phone. After statements from each of them you will also need to provide the care.
4
Collect most of the documents in the original, but a copy of them necessarily clear. Just in case. But to put the date and his signature under his statement not in a hurry. Do it in the presence of a specialist of the guardianship. He immediately have your autograph and will endorse his signature. Remember that to hand over documents to the child must come personally to all those involved in the process. It is the child himself, his parents or guardian and those owners who do not object to the sale of a share in the apartment (if we are talking about proportion).
5
It is worth considering that the guardianship is easier to agree on a deal if you already have an equivalent option housing to replace the homes sold. This should take care in advance. In some cases, the guardianship gives his welcome with the wording: "with simultaneous rather than sequential sale of the apartment." This will mean that you will have to buy a new apartment, and then sell the old ones.
Useful advice
Remember that all documents you submit to the guardianship needs to have an ample supply of "shelf life". After all, if at the time of your application, at least one of the papers will be expired, you will be sent to collect all over again. Which, of course, considerably lengthens and complicates the process of sale of the apartment.

Advice 3: 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.
How to sell an apartment, in which several owners
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.
Instruction
1
To sell an apartmentowned by a few people, contact with all owners in the notary's office and obtain permission for sale.
2
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.
3
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.
4
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).
5
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.
6
Sign a contract of sale with the buyers, create a written act of transfer and acceptance.
7
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.

Advice 4: How to sell an apartment to a relative

From the point of view of procedure, there is no difference between selling the apartment to a relative or any other person. The seller and the buyer go to the notary with a standard set of required documents. However, this method despite its popularity has a number of disadvantages, which gives reason to think about alternatives such as donation and inheritance.
How to sell an apartment to a relative
You will need
  • - a package of necessary documents (the passport of the parties and the papers for the apartment: certificate of ownership, certificate of BTI, etc.);
  • - notary services.
Instruction
1
The first and the main disadvantage - the seller, if owned an apartment less than two years, must pay a tax of 13% of the transaction amount exceeding 2 mln. R. the Amount of tax will be considered in the inspection, based on the market price on the day of the sale. And if the amount of the contract will differ from that of more than 20%, the right to establish the amount of tax and penalties at its discretion. In this case the buyer due to the fact that the transaction committed between the relatives, the right to a tax deduction when buying a home has not.
2
Minus the second. If the relative buying the apartment, is married, the purchase will automatically be considered joint property of the spouses. And in the case of divorce, to be shared in half.
3
There was a third. After the sale of property, the old owner will not be able to affect a relative, if he wants to dispose of this property against his will.
For example, parents sell the apartment to your son or daughter and he or she then decides to sell it without their consent. To prevent this transaction they may not be.
4
Almost all these cons has the option of donation. In this case there is only the need to pay tax if the gift is made by one not a close relative (children, parents, spouses, grandparents, grandchildren). Close relatives do not pay taxes.
In addition, the deed may be revoked if the new owner commits actions threatening the life and health of the same, or gather to take steps leading to the irretrievable loss of this property.
When you receive the same housing as a gift to the person married, such an apartment is not considered joint property of the spouses.
Executed deed of gift (deed of gift) through a notary.
5
Another option is to transfer housing under the will. The only drawback is that to enter into a right of ownership can only be relative after the death of the previous owner. The tax value of property inherited, no need to pay, and the inherited the apartment is the joint property of spouses is also not considered.
Children are considered the heirs of the parents automatically (but for reliability it is possible to write a will and on them), in other cases, a mandatory condition to issue at the notary the last will and Testament.

Advice 5: How to change a two-bedroom apartment

The exchange of the flats were owned by multiple owners or spouses, may be voluntary or involuntary. If all agree on voluntary exchange, it is sufficient to find the appropriate option or to sell the apartment and divide the money, which everyone will gain the necessary housing.
How to change a two-bedroom apartment
You will need
  • - passport;
  • - documents of title to the apartment;
  • - the statement;
  • - cadastral extract and explication.
Instruction
1
If all owners or the spouses agree to the exchange, the easiest option is to sell a two-bedroom apartment and split the money between all the owners equally, or in accordance with the shares each.
2
Another option is the exchange two-bedroom apartment is to look for suitable options exchange. For example, your can be the option section for three-bedroom apartments with an additional charge or two bedroom apartment, located on the outskirts of the city. However, this section may be delayed for a long time, as according to statistics most people are leaving and very rarely come, so the exchange of the apartment may take many years.
3
If the spouses divorce and cannot reach a mutual consent or the owners are unable to resolve the issue peacefully, the apartment can be accomplished through the courts. Imagine in a court statement, an extract from the cadastral passport, copy of cadastral plan, explication marked with stakes Radel apartment.
4
If the apartment has separate rooms, it is possible to partition in kind. If the owner cannot obtain the result of the partition of the apartment a private room that is equal to its share of property section possible as a percentage.
5
In the implementation section in kind, register their ownership of the allocated share by contacting BTI and get a new cadastral passport, and dispose of their shares at their own discretion. You will be able to exchange, sell and buy another home, rent it and take a loan to buy housing, etc.
6
If the apartment is divided into a percentage then you are eligible to receive only the amounts you share compulsorily in monetary terms, and then buy a house.
7
Exchange municipal three-room apartment is possible only on municipal property. To make the exchange quite difficult. The court may last for decades, not leading to the desired results. So join in the privatization, will issue the right of ownership and give the apartment this way.
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