Joint purchase of real estate by pooling: instructions for use

Common joint property as a concept

The concept of common joint property is given by the Civil Code of the Russian Federation.

This is a type of common ownership of an apartment in which several people can be its owners, when the share of each of them in the ownership right is neither mathematically nor physically determined.

In accordance with current legislation, the emergence of the right of common joint ownership of an apartment is provided only for spouses acquiring a property during marriage.

Disadvantages of co-ownership

When buying an apartment in common ownership with a relative, friend, or partner, keep in mind that his opinion regarding the “fate” of the premises will play an important role if you decide to alienate your share of the property. The more people own one piece of real estate, the more difficult it is to manage it.

By law, co-owners have the right of first refusal. Before you sell your share in the apartment, you must notify the co-owner, giving him the opportunity to buy your share on your terms.

This is not done in words. One month before the proposed sale of the property, you are required to notify the co-owner of the apartment about this in writing. And get from him either consent to buy your part, or a written refusal, on the basis of which you can already sell the share to a third party.

In general, any conflicts between participants in a joint purchase of real estate are not good for the business, especially if it is organized with monetary interests. Therefore, discuss with your partner all the nuances of disposing of the apartment in advance, or better yet, draw up a written agreement (which, however, will not have much force if the matter goes to court), and follow the agreements in good faith.

It goes without saying that it is permissible to commit yourself to jointly purchasing an apartment only with those people in whom you are confident.

Purchasing an apartment for common joint ownership

The purchase of residential premises in common joint ownership occurs in accordance with the general procedure.

The procedure includes the following steps:

Checking the legal “purity” of the apartment;
Concluding a purchase and sale agreement with signing a transfer deed;
Settlements with the seller (carried out even after state registration);>
State registration of joint ownership rights.

Let's look at each of the stages.

Checking the legal “purity” of the apartment.

When an apartment has been selected and the terms of purchase have been agreed upon by the parties, before completing the transaction it is necessary to check its legal “purity”.

The check includes:

Checking the seller's title documents for the apartment.
If there are several owners of an apartment, all owners must act as sellers.
If an apartment was purchased in the name of one spouse during marriage, the notarized consent of the second spouse to the transaction with it is required.
If minors or incompetent citizens are registered in the apartment or are its owners, the consent of the guardianship and trusteeship authorities is required.

Before the transaction, order a “fresh” Extract from the Unified State Register of Real Estate, confirming that the Seller’s ownership is not encumbered by the rights of other persons and the apartment is not under arrest.

Concluding a purchase and sale agreement.

The procedure for concluding a purchase and sale agreement depends on several factors:

The apartment has one owner or the apartment is jointly owned by spouses - the purchase and sale agreement is drawn up in simple written form.
An apartment in common shared ownership requires notarization of the transaction.
The apartment is purchased with the participation of borrowed funds - before the procedure for concluding a purchase and sale agreement, the bank approves the loan, the purchase and sale agreement is drawn up taking into account the requirements of the bank.
The apartment is purchased with the participation of maternal (family) capital - approval of the transaction by the guardianship authorities is required. If there is also a mortgage, then a notarial undertaking is provided to the guardianship authorities to allocate shares to the children after the mortgage is repaid.

Regardless of the form of the contract, it must contain the following information:

information about the parties to the contract is described in detail;
information about the real estate property;
the Seller's title documents for the apartment are indicated;
the price of the contract and the procedure for settlements with the Seller;
liability of the parties for failure to fulfill obligations;
information about persons retaining the right to use residential premises after a change of owner (if any).

Procedure for settlements with the Seller

The procedure for settlements with the Seller is not regulated by law and is carried out by agreement of the parties, with the exception of the purchase of an apartment using credit funds.

In practice, settlements with the Seller are carried out in the following order:

Submission of documents and procedure for state registration of transfer of ownership of an apartment

Documents for state registration of the transfer of rights can be submitted to any Multifunctional Center in the Russian Federation.

The application for registration is submitted by both parties to the agreement or their representatives under a notarized power of attorney.

In accordance with Federal Law No. 218-FZ dated July 13, 2015 “On State Registration of Real Estate,” registration of the right of common joint ownership of an apartment can be carried out on the basis of one of its participants, unless otherwise provided by law or an agreement between spouses.

The required package of documents includes:

identification documents of sellers and buyers;
purchase and sale agreement with transfer deed;
loan agreement (in case of using a mortgage);
receipt of payment of state duty (in 2021 - 2000 rubles).

After state registration, an extract from the Unified State Register is issued, certifying the emergence of the right of common joint ownership of the residential premises.

Advantages of buying property together

First of all, such deals are financially attractive. Purchasing real estate on equal terms in tandem with someone makes it possible to avoid attracting credit funds or obtaining a mortgage. Having two capitals that are insufficient to purchase two separate apartments, you can buy one shared apartment in a building under construction at the starting price, and upon delivery of the property, sell it for a third more. It is quite possible that the proceeds will be exactly the missing amount for purchasing a separate home for personal use. And if not, then you can once again participate in the purchase of an apartment together, with a more solid base.

Experienced and prudent shareholders take part in several construction projects simultaneously, distributing capital. This allows them to minimize risks (if suddenly something goes wrong with one of the objects, the losses will be minimal, and others will “work”).

A share in an apartment can be donated, exchanged, sold, or mortgaged, just like an “independent” object. If desired or necessary, convert back into real money. With the only caveat that some of the listed actions will have to obtain the consent of the co-owner of the real estate. And this factor is one of the disadvantages of buying real estate together.

Property tax for individuals

The calculation of property tax for individuals on an apartment is based on its cadastral value, which is indicated on the website of the Federal Tax Service or Rosreestr.

The tax rate for residential premises is 0.1% of the cadastral value. It should be noted that the Tax Code provides benefits for certain categories of citizens. Pay attention to this, perhaps you are one of the beneficiaries.

To calculate the tax on real estate that is jointly owned, the shares of co-owners are recognized as equal.

Which apartment is better to buy together?

Having decided to buy an apartment together, pay attention, first of all, to the liquidity of the property. The fastest-selling housing is one-room apartments with a good layout in good areas.

However, every product has its own buyer, it’s a matter of price. Its formation is influenced by various factors. The main ones are: the distance of the object from the metro station, the infrastructure of the area, the environmental situation. Before making a transaction, evaluate the prospect of an increase in the price of the finished apartment, taking into account these aspects.

Tax deduction for personal income tax

Since 2014, for an apartment purchased in joint ownership, each co-owner can receive a personal income tax deduction in the amount of 13% from the amount of 2,000,000 rubles.

When a property is purchased with a mortgage loan, the owners also have the right to recover income taxes on the interest paid on the loan. The amount of interest paid is limited for deduction to the amount of 3,000,000 rubles.

You can apply for a tax deduction for the purchase of several residential premises, provided that their total cost does not exceed 2,000,000 rubles.

What is a share in rights and a share in an apartment?

It should be understood that the share in the right and the share in the property are not equal. If you own ¼ of a four-room apartment, this does not mean that you own one room. You are entitled to a quarter of the entire premises. This includes common areas: corridor, balcony, bathroom and toilet.

The law allows for the allocation of shares in kind. But in real life this is not always possible. You can get your part of the property into undivided ownership only if it is possible to make a separate entrance, bathroom and kitchen in each part of the premises.

When does the right to joint ownership begin?

When purchasing real estate, the right to common ownership may arise if several people decide to purchase square meters. They can be listed on them in the form of common shared ownership or without this division. It should be noted right away that such a purchase can be made not only by relatives, but also by complete strangers to each other.

Most often, the right to joint ownership arises after the purchase of housing in a legal marriage. According to the laws of the Russian Federation, only those apartments that were purchased after the marriage can fall under this description. But spouses can acquire housing that is not included in this category. This includes apartments received by inheritance or as a gift from relatives.

The appearance of common housing is possible not only after a legal marriage. The legislation provides for the process of privatization of housing, during which several registered residents will be able to manage it at once. This procedure can be carried out even if people are not related to each other.

Moreover, in the privatization form, participants in the agreement can indicate what type of housing they are applying for. They have the option of purchasing real estate on a common use basis or on a shared ownership basis.

○ Buying an apartment in parts.

If the common property is divisible, you can buy the apartment in parts. To do this, you need to conclude two different agreements with two owners, who will be independent of each other. For each transaction you need:

Check all seller documentation.
Obtain the consent of the second owner for the sale.
Conclude a purchase and sale agreement.
Complete state registration of transfer of ownership.

It is advisable to make these transactions at the same time to be sure that the apartment will belong to you entirely. Because if suddenly the second owner changes his mind about selling his part, you will not be able to fully manage the purchased apartment (for example, rent it out). All actions will require the consent of the co-owner.

Is it possible to purchase an apartment from two owners using maternal capital?

Of course, it is possible that the legislator does not establish any obstacles to purchasing an apartment with maternity capital. But, as a rule, the cost of housing significantly exceeds the amount of maternity capital, so an additional payment from personal funds is required. When using maternity capital to improve housing conditions, all mandatory actions required by law are required (purchase of real estate only on the territory of the Russian Federation, registration of property for both children and parents, etc.).

If ownership of an apartment is shared, then it is possible to pay for one part of it with maternity capital and the other with personal funds.