Advice 1: Share in the apartment: the rights of the owner

The division of a whole apartment to share - the phenomenon not so rare. And, as a rule, each share has an owner. Despite the fact that such sections of the property happen quite often, one of the main questions is the following: what are the rights of the owner of the shares.
Share in the apartment: the rights of the owner
Article 224 of the Civil code of the Russian Federation defines "share" as part of the common property owned by a particular person. A share in the apartment could be as much as necessary, as well as owners. To total assets did not decline, and also to respect the laws and regulations of Russian legislation, every owner has their rights and responsibilities in relation to their share in the common property. And they need to comply with strictly, otherwise can cause major trouble.

Some residential properties can be divided into shares of

The legislation quite clearly defines the list of premises that can be divided into parts. This is a residential house or its part, apartment or part, room.

Issued fractional ownership in a variety of ways. It can be any deal with the room - from the sale to rent and gift; transfer of ownership by inheritance; the privatization of housing if we are talking about public housing; recognition of the right of ownership by court order. The registration of ownership of shares is the same as in the case of an apartment - through companies house.

What rights does the owner of the share

Share, in fact, it is part of the apartment and use of common areas - kitchen, hallway, bathroom and toilet. Share belongs to a specific person, what is documented, i.e. the certificate on the property right (and here should be specified the size of the share of the total area of the apartment). Its part housing the owner can do the same thing and with a whole apartment to live in it yourself or settle tenants, sell, trade and give. Of course, there are a number of limitations, as he owns part of the property, so it needs to be considered with other owners of the home.

The housing problem in the case of a share has more subtleties and nuances than with other forms of ownership. For example, the share in the apartment is not the same as a room in a communal apartment. It has no clear boundaries, all depends on how to decide and agree among themselves all the owners. A particular challenge in terms of dividing the shares represent a one-bedroom apartment. After all, the universe, the kind where someone lives is fraught with problems and controversy, and sometimes litigation.

But in spite of this, a number of advantages from the use of a share in the apartment the owner is. For example, they have the right to register at that address (i.e. to register). In addition, on a share owner may register any person, even without the consent of other shareholders of the housing.
The only difficulty that may arise is the size of the share and the number of registered. If the organs of the Federal migration service decides that the size of the share is too small for the number propisyvayutsya, registration will be denied.

Owning a share in the apartment gives the owner the right and the ability to arrange Bank loans. However, only the consumer. To lay his share is impossible. As well as to conduct an adequate evaluation of the cost share. There are exceptions when the client can still receive a loan secured by his stake in residential real estate but then interest rates will be much higher.

The owner of the shares in the apartment or house may sell their share if desired. The rate stipulated in the law and no different from an ordinary sale and purchase of the whole apartment.
The only thing that you should consider if the previous owner via the courts or the legal procedure defined the boundaries of its shares, then upon sale of those decisions lose their force. The new owner will need to be repeated.

Duties of the owner of the share

Of course, the owner of the shares in the apartment have not only rights but also responsibilities. One of them is to pay the bills for utilities. For instance, every owner is assigned their own personal account, which is calculated and payment services. But we should remember that the apartment is not communal, and divided in equal shares. Therefore, the total cost of housing and communal services for an apartment will have to divide by the number of existing shares without taking into account living and written. And this is a minus, because in a communal apartment, each owner pays for their living space and according to how many people he had on her was.

Also one of the main responsibilities of the owner of the share is usually manifested in the time of sale. To the owner to sell and the buyer to buy a share in the apartment, the consent to the transaction of all other owners. Generally, under the law, the owner of the share must first offer to buy out the other owners of parts of the disputed property. If they agree, the transaction is carried out easily and quickly. In case of refusal, they must provide to sell written notice of its refusal. This is one of the mandatory documents, which will require the contract of purchase and sale and registration of ownership to the new owner.
In addition, there is a provision that you cannot sell a share in the apartment at a price less than you offered other owners. In this case, they can sue and acknowledge your transaction is illegal.

Naturally, the owner is obliged to monitor the condition of their housing. As a result of any problems, for example leaking pipes, fire, explosion, or gas leak, all will claim to him, too.

Advice 2 : How to apply for a share of the apartment when buying

The transaction of purchase and sale with a share of the apartment has its own individual characteristics, but one thing remains constant. Share you can only buy from the owner and place it to the property (article No. 122-F3 of the Federal law).
How to apply for a share of the apartment when buying
You will need
  • - documents to share.
  • - notarized authorization;
  • - cadastral extract;
  • - the contract;
  • - the act of transfer and acceptance;
  • - passport;
  • - extract from the personal account and the house register;
  • - the statement in FPRZ;
  • - payment for registration;
  • - photocopies of all documents.
If you buy a share in housing, read all documents before signing the deal. You can only sell a share of the apartment, which is isolated in nature and has a separate certificate of ownership.
The seller of the shares must first notify all owners about selling my share of the property, as any owner has the right of first refusal on General grounds and conditions of the seller (article 250 of the civil code). If no one has used the privilege, after 30 days, the seller can sell his share to third parties. When this notarized permission from the other stolikov not required.
However, it requires a notarized authorization from all co-owners, if the share was issued in common ownership (article No. 244 of the civil code). If the share of the apartment designed by one of the spouses and the marriage is registered, you will need notarized authorization from the other spouse (article No. 34 of the RF, article 256 of the civil code).
If the number of owners to share the apartment as incapable, partially capable and minors need to not only notarized authorization from parents, legal representatives or guardians, but the decision of bodies of guardianship and guardianship (art.№ 26, № 28, № 29, № 30 civil code).
To share the apartment, the seller must obtain the cadastral extract, the extract from the house register and a personal account.
Next, you will sign a contract of sale, draw up an act of reception-transmission and submit an application, attaching all the documents confirming the transaction, FUHRT.
After 30 days you will receive a certificate of ownership to share the apartment.
If the apartment is divided into shares as a percentage due to the fact that the cubage is small enough, and to allocate a share in nature each owner was impossible, to sell such share to another person is impossible. You can only receive an amount equal to the share of ownership from other owners.

Advice 3 : How to deprive the rights to the apartment

At the opening of the inheritance right to the estate of a deceased be given to the heirs at law or legatees. If there is a bequest, in addition to the persons mentioned in it, binding share moves disabled heirs of the first stage. These provisions are contained in the succession law of the civil code. To deprive any of the heirs of the right of property in a particular case are requested to take certain actions.
How to deprive the rights to the apartment
The testator may dispose of his property during his lifetime and unsubscribe to belong to his flat to any person. In this case, the inheritance will occur in declared bequest. However, this rule has exceptions. If on the day of death of the testator, he had disabled parents, children or spouse, they are required to receive a share of the inheritance. Moreover, this share will be half of the part that they would inherit by law without a will.
However, this provision has one feature – the mandatory share of priority stands out from the rest, not mentioned in the will of the property of the testator (if any). Thus, to deprive unworthy in your opinion his heirs the rights to the apartment, it is not enough to make a will for another person. It is necessary to exclude the possibility of a compulsory share the right to the said property. To do this, you should stay nezavisimym part of the property (cash deposits, automobiles, securities, etc.). In this case, the right to a compulsory share does not extend to the apartment.
When you have difficulties or impossibility of implementing such a division of property, consider registration of the contract of life rent on an apartment with the person you chose as your heir. Such an agreement implies that your life annuity of the rent payer, you also retain the right of residence in this apartment. Issuing the annuity and receiving monthly payments, you can be sure that your apartment will not depart unwanted heirs. Since the right of ownership of the property passes to raintoday at the time of registration of the contract.
Another way to deprive the heirs of the rights to the apartment may be the option of selling or gifting the property. And to avoid invalidation of the relatives after your death, the option of registration of purchase and sale is preferable. As a deed of gift, as gratuitous, is more likely to be challenged in court.
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