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 buy married
According to article 256 of the civil code and 34 SK the Russian Federation all property acquired in officially registered married, is the common property of the spouses. So it does not matter how, with what money and who will purchase the apartment. It will be commonly shared property and belong to spouses in equal parts.
If your marriage is officially registered, you can buy an apartment on the overall funds on their own savings, a loan, in installments. Place your property on the properties for you, spouse, both it does not matter. The apartment will still belong to you in equal parts, regardless of who invested, who worked, and who was dependent on.
If during the marriage you gave to the apartment, bequeathed or you have received an inheritance according to the law, the property will belong only to you. This category of property not subject to division upon divorce. But if the gift, bequest or inheritance has been more than 5 years and during that time the apartment was made major, costly repairs to common money, when you divorce your sole right to the estate can be challenged in court.
In another case, if the marriage is not registered officially and the couple live, not being lawful husband and wife. In this case, to purchase an apartment on General funds and to issue ownership of the two in equal shares. Or buy for your own cash or credit and issue to those who purchased.
But even in this case, if the marriage is not registered and the apartment belongs to one of the civil partners, and the second makes a significant own funds, for example, for credit, for debt or for accommodation, if you break up half of the apartment you can get legally through a judicial execution.
If the apartment is acquired before marriage, it belongs to the spouse who bought it. During the current marriage can be arrange marriage notarial agreement by mutual consent of the spouses. That is, you can buy an apartment on their own money, place the title, to go with the spouse to a notary and voluntarily sign a document stating that the apartment in the divorce section is not subject and will be the sole property of the spouse who acquired it.