You will need
- - passport of all parties involved,
- - documents of title to the apartment
- - notarized authorization from all owners,
- - the decision of bodies of guardianship and guardianship, if the owners are minors, incapable or partially capable persons
- - agreement of purchase and sale,
- - the act of transfer and acceptance,
- - registration of rights of common ownership.
The last article takes effect only if the marriage is not registered and there is common ownership, which are allowed by article 256 section 1 of the civil code and article 34 paragraph 1 of the Family code. The regulations of these articles, says no matter to whom of the spouses the property is decorated in the period of cohabitation was marriage, by law, in any case, she belongs to both spouses, unless otherwise specified in the contract.
Therefore, if the marriage registered and a marriage contract, you can arrange an apartment for any spouse. By law, it will belong to them in equal share ownership.
If the marriage is not registered or the apartment is made for two people who are not spouses, the hallmark of the registration of the contract of purchase and sale is an indication of the fact that the apartment is purchased in a shared ownership property buyers.
All the rest of the design has no distinguishing features from ordinary transaction of purchase and sale. As in normal transaction, the seller of property needs to be its owner, have documents ready for sale, which include the extract from the cadastral passport of the apartment, cadastral plan, a notarized authorization from all co-owners for sale in accordance with article of the civil code of the Russian Federation No. 244, p. 3 about the General share property. From the apartment should all be discharged. If owners of General share of ownership was a minor, incapable or partially capable citizens who will take the decision of bodies of guardianship and guardianship on sale.
After conclusion of the contract of purchase and sale and the acceptance report-transfer of ownership rights must be registered in the Federal registration centre for unified registration of real estate and transactions with it. On the basis of the contract of sale, made on the sale of an apartment in common ownership, the real estate register and issue a certificate of common ownership.
Advice 2: How to make an apartment in the joint property
Joint property implies a form of common ownership in which the proportion of participants not selected and therefore cannot be rented or implemented or used in any other way except with the full consent of all participants in the joint ownership.
Joint property is governed by article 254 of the civil code, according to which owners share common property, dispose of them strictly with the consent of all parties ownership. The right of joint ownership of an apartment occurs when the purchase of the spouses, when making a joint mortgage, as well as during the privatization of housing. In the case of privatization it is possible to register joint ownership, for all citizens, who was in the apartment at the time of privatization.
In all these cases, there is the possibility of registration as an equity and joint common ownership. Select the type of shared ownership is shared by all members of ownership. Schematic design of joint ownership is simplified in comparison with registration of equity because it does not require the notary division of shares and their subsequent registration in the relevant authorities. In the rest the order of registration of ownership is one.
In order to register a right of joint ownership of apartment, you must contact the registration authority at the location of the apartment. Pre-need to prepare a package of documents which includes ID card all participants of the property, the documents confirming the right to property, contract of purchase/sale of cadastral passport and a confirmation payment of your registration fee.
The package of documents necessary to apply to the state registration authority, which will was a joint property into apartment. A prerequisite is the presence of all the participants of the ownership or the presence of notarized power of attorney to name someone to deal with paperwork.
If joint property is the privatization of housing, and not upon its acquisition, the design is carried out according to the scheme of privatization. For registration of joint ownership requires the presence of all citizens registered at the time of privatization of the apartment or the notarized power of attorney from them.
Advice 3: How to draw a house in shared ownership property
Common property differs from joint the fact that the share of each owner of the property, including a detached house, is well defined. In addition, to own the housing on the right of joint ownership can only spouses and common - anyone, including strangers to each other people. The size of the share of each owner of the property reflected in the certificate of ownership of the dwelling.
You will need
- - agreement of purchase and sale of houses;
- - a contract of shared property;
- the details of all buyers for entering into a contract for the sale of the house and the contract of shared ownership;
- technical papers on the house.
Ask the seller of the housewe plan to buy in the common property, to include in the contract data for all customers. This surname, name and patronymic of each, passport data (series, number, whom and when issued, the code issuing unit) and the data of birth certificates of juvenile buyers.
Ensure the presence of all adult participants in the transaction from the buyer on signing the contract of sale. If the participants are minors, it is enough presence of the legal representatives of each of the documents confirming their powers (the birth certificate, if in this role are the parents, or a document confirming legal guardian).
Ask them to prepare a power of attorney in the name of any other participant of the transaction and those who, for whatever reason, to be personally present at signing of the contract of sale can not.
Sign the contract of purchase and sale with the participation of all buyers or their representatives.
Enclose between themselves a contract of shared ownership of the house. Include data from all owners, a detailed description of the houseand on the basis of the technical documentation and the size of the share each of them. The law does not restrict the determination of the amount of each share: as agreed, for example, in proportion to the amount paid for the house each of the purchasers, in equal shares by the number of owners or otherwise.
With contracts for the sale of the houseand shared ownership, as well as technical documentation on the house , contact the Federal registration service for registration for each owner of a certificate of ownership of the dwelling with indication of belonging to him shares.
Enclose between themselves an agreement on the procedure for payment of utilities. This document will subsequently be useful in case of controversial issues.
The certificate of ownership of the dwelling the size of the share you specify simple fractions: 1/2, 1/4, 3/4, etc. Use simple fractions and the contract of shared ownership.