You will need
- - passport,
- - notary notice of second owner
- - documents of title to the share
- - notarized authorization from all co-owners, if the share belongs to several persons,
- - the decision of bodies of guardianship and guardianship, if the co-owners are minors, incapable or partially capable persons
- - agreement of purchase and sale,
- - the act of transfer and acceptance,
- registration of ownership rights to buyers.
Verbal warning second owner of an apartment is not enough, unless he has expressed a personal and voluntary desire to buy a second share. If an owner is not defined or prevents the sale of unauthorized persons, it is necessary to draw up a notarial notice of sale and send it by registered mail with delivery to the addressee and an indication of the inventory of the contents of the letter.
One month after the notice delivery to the addressee, in his default, the apartment can be sold to a third person without the permission and consent of the owner of the second fraction.
For sale need to collect a number of documents, which include: the extract from the cadastral passport of their shares, a copy of the cadastral plan, a notarized authorization of all owners if a share was formalized in the joint property with other persons. If the share have a right of ownership by minors, incapable or partially capable persons, according to article No. 28, No. 29 of the civil code will require a decision of bodies of guardianship and guardianship to permit the sale of shares.
Next is the conclusion of the contract of sale, which can be issued by a notary or in writing by hand. If the contract is drawn up by a notary, a specialist will take into account all the items that are included in this document.
If a contract of sale is concluded in a simple written form that is not contrary to the law in accordance with article 550 of the civil code on the drafting of contracts for sale of apartmentsdivided into shares. The written agreement must take into account all the laws, statutes and acts of the Russian Federation at the time of signing of the document in accordance with article 421 of GK of the Russian Federation No. 420 of GK of the Russian Federation No. 549 of the civil code.
In accordance with article 317 of the Treaty should specify the price, article No. 317, No. 555 – square, article № 292, No. 558 – a list of users of housing. Therefore, if the seller is not sure he will be able to compose a document in accordance with the requirements of the law, it is better to use the services of a notary. If the contract is made correctly, it can be considered negligible in accordance with articles No. 2965 of the civil code, No. 3075 of the civil code, cap RF cap. 24, No. 292 Chapter 18 of the civil code.
After the contract of sale to execute the act of acceptance-transfer and register rights of ownership to buyers in accordance with Federal law registration No. 122-F3. Transactions are registered at the Federal registration centre for unified registration of real estate and transactions with it.
Advice 2 : How to redeem a part of the house
The purchase of part of the house has a number of features that must be followed in order not to violate article No. 250 of the RF Civil code, which States that co-owners have a preferential right to purchase, on General terms determined by the seller.
You will need
- - the preliminary contract;
- - the main contract;
- - the act of transfer and acceptance;
- - notarized authorization from the owners;
- - resolution of the guardianship;
- - extract from the house register;
- - documents of title on the part of the house;
- - cadastral extract;
- - a statement in regcenter.
If you are the owner of one of the parts of the houseunder common ownership, that have a preferential right of purchase. The seller must notify you in writing that he intends to sell his part of the property, sending you certified letter with the investment inventory. In meditation you are given exactly one month. If you are planning to make a purchase, notify the seller in written form.
Start the transaction of purchase and sale upon the expiration of statutory deadlines. If you are unable to collect the full amount to completely pay the part of the house, give a Deposit, make a preliminary contract of sale, which specify the terms of payment of the remaining funds. If within one month you did not wish to exercise its pre-emptive right, the seller can sell their part of property to another person without asking your permission and consent.
Direct transaction of sale is subject to execution of the main contract of sale, which you can reach by hand, to certify or not to certify the notary. It is also acceptable to execute the contract of sale in notarial form.
The seller of the home must obtain written consent from all co-owners, if part of the house is decorated in joint property. If the seller bought the part at home, being in registered marriage, notarized authorization is required from the spouse. If the number of co-owners, minors, incapable, partially capable persons for the alienation of property will require a decision of bodies of guardianship and guardianship.
Part of the house should be all discharged, the seller must obtain a certificate. After execution of the contract make the act of transfer and acceptance and submit all of the documents in the state registration center. Your property rights register.