You will need
- - the statement in Arbitration court;
- - documents for the property;
- - information on the market value of the property;
- - certificate of the cadastral value of the property;
- - copy of cadastral plan (for real estate);
- - legend (real estate).
To produce a partition share percentage, if partition in kind is impossible or the other owners or participants of the section have expressed a desire to pay your percentage, contact the court of Arbitration.
Present the certificate of ownership of the property or document of title. If you are a section property, you are required to present a copy of the cadastral plan, explication of the object reference on the cadastral value and proof of market value by independent expert organizations having the license for realization of valuation activities and property of the citizens and legal entities.
On the basis of a court decision after the ruling your share will allocate a percentage. If you need to know the value of their shares, under section you can find the market and cadastral valuebased on the allocated percentages.
If you are going to get their share as a percentage or mortgage their share in the loan structure, the independent evaluators will evaluate only your share and give you a document about its value.
All legally significant actions, such as section real estate or other property among the heirs, the owners or proprietors, and the pledge of its share in the loan structure, is calculated from the market value of the property.
The cadastral value of the property calculated a share in the liquidation of enterprises of all forms of property, when required by the participants in common ownership to obtain the liquidation value of the property, and also at bankruptcy of the enterprise, upon the payment of any financial obligations.
For example, when property value with the help of independent experts made up 10 million rubles, cadastral value of the property amounted to 5 million rubles. According to the court, each applicant will receive an equal share. For example, the applicant or owner of 4, it means that everyone has the right to 2.5 million rubles. In assessing the liquidation value of each will receive 1 million 250 thousand rubles, but this amount will be reassessed after the payment of all existing debt obligations to third parties.
Advice 2: How to determine the value of a share of the apartment
The share of apartments, like any subject of bargaining, needs to be evaluated. But the rule of "adequate price – successful selling" in the case of transactions with shares are not always valid. This is due to the specifics of such operations on the real estate market. The price of shares is often not dictated by common sense and circumstances, the hostages of which are buyers and sellers of shares.
You will need
- - the certificate on state registration of rights to real estate,
- - copy of extract from the BTI,
- - passport of the owner.
Try to persuade all the owners of the apartment to sell it all and split the money. In this case, the price of shares will be calculated in proportion to the total cost of the apartment. This is the most profitable option for the owner of the share.
If the co-owners against the sale of the apartment as a whole, try to negotiate with them to repurchase your part amicably. If the share is redeemed by co-owners with the subsequent emergence of the right of ownership to the whole apartment, then the cost share in this case is almost equal to the corresponding part of the market price of the apartment. Relatives can agree on a small price adjustment (in the direction of its reduction or increase, hire purchase).
If an agreement does not work, contact your lawyer. They can be a realtor specializing on operations with shares, or a professional appraiser. A specialist will be able to estimate the share, on the basis of such proposals on the real estate market, taking into account the corrective amendment.Market shares there is a formula for calculating the cost share:(SAC*, D:2)*, where VCS is the market value of the apartment, D - size, share, K - factor parameters.The ratio of the parameters calculated from many factors such as the area of the apartment, number of rooms, size, share, access in the apartment, the urgency of the transaction, the debts and encumbrances on the apartment, number of owners, minors, etc.
If you decide to save money and do it on your own, consider that the price of the sharesrepurchased by third parties (not owners) will be at least one-third below market value. Try to the sale of the shares to determine the order of using the apartment by agreement between the owners, or to allocate a share in nature (specific room) in the courts. This factor is one of the most important in the evaluation of shares.
If such order is provided (for example, for the owner of a ¼ share in a 3 bedroom apartment it could be one whole room plus part of the common areas), the share will be sold at the market price of this room. To evaluate a room can be independently studied the market of such proposals in specialized publications. Here are the location value of the apartment, floor, house type, layout, room size, status, free access and facilities, neighbors, etc.
If the order property is not defined, but there is such opportunity, focus on the price of the small room, still reduced by 30-40% (due to costs the future owner on the definition of this order). If you select a room in kind is impossible (for example, a 1/8 share in a 1 bedroom apartment), the cost can be tens of times less than the market.
* Do not inflate the price, or the sale of the stake may take many years.