Selling registered members and former members of the family

Make the deal to sell the dwelling in which it is stated people article 246, 247 GKRF, as well as article 31 ZHK the law does not prohibit, but only requires the consent of all owners.

The law implies that registration does not confer the right of use prescribed to people after the sale of the apartment, but to evict these people is possible only by court order. Usually, this lengthy judicial process that could take several years. In such situations, this fact is stipulated with the buyer and usually the price of a property significantly below market value.

Incorrect is the view that the members and former family members after a change of ownership establishes the use of the premises. So paragraph 2 of article 31 of ZHK of the Russian Federation says only what is written people like family members and ex-members has the same right of use, but not disposal. This is confirmed by article 292 of the civil code which says that the right of use is terminated when the change of ownership.

If prescribed a family members has the right of ownership of the dwelling (involved in privatization), without their written consent and the written consent of the owners is illegal. If the shares allocated, then the sale is valid article 250 of the civil code of the pre-emptive purchase. In the practice of law is often one of the owners is a violation of the law, writes the deed, closing its sale of its stake. In this case, the loser can stay either party.

To deprive of the right of ownership of owners difficult. In the practice of law article 293 and 252 of the civil code of the Russian Federation practically do not work.

Selling with prescribed minor children

Real estate transaction in which the registered minor children, is much more complicated.

If the child is the owner or has a stake, parents (guardians) in notarial form needs to grant permission for sale, and the guardianship must also be resolved, provided that in return the child will be accompanied by a share of other property (without the child) – article 292 of the civil code.

If children are not owners, they are issued at the place of residence of the parents. If the parents do not have the registration, to discharge the child impossible.

Provided that the child will be registered at the place of residence of the parent or designated alternative will share the further course of the transaction will be held in the usual form.