How to exchange a three-room apartment for two one-room apartments

How and what to exchange a three-room apartment for? Exchange options for two-room and one-room apartments

  1. Divorce is the main reason for the exchange of apartments. The spouses no longer want to live together, which means they need separate areas. When there is no time to sell your home and then buy living space one by one, you can turn to the exchange option.
  2. Children grow up and they also need their own housing , but parents can be content with a smaller area. In this situation, an exchange of apartments is also possible.
  3. The real estate that was inherited will lie with me and so that everyone becomes the owner of their own real estate and the exchange is carried out.

For example, one side has a three-room apartment, and the other side has two one-room apartments.

  • Purchase and sale is used when the parties initially do not want to enter into an exchange contract or when a third party enters into the transaction.
  • Sometimes the exchange may take place through an intermediary . For example, a realtor is given a deposit and he buys the areas of interest. Then the apartments are sold to third parties and only then an exchange agreement is concluded with the realtor.

Options for exchanging a three-room apartment

Many people who want to exchange their housing are interested in the options that they can count on during the exchange. That is, what apartment or apartments they can get in return for theirs. The specialists of the Housing Exchange Center agency can help you understand this problem and also offer you a lot of different options.

In order to establish the amount of the surcharge or understand that an equivalent exchange is possible, you need to know the exact market value of the housing of each party. It is worth remembering that it is unlikely that you will be able to correctly determine the exact market value on your own. Most likely you will have to resort to the help of specialists, only they will be able to take into account all the factors, namely:

Legislative regulations

The barter contract itself is carefully considered in the Civil Code. Article 567 is devoted to it, and subsequent articles in this chapter are aimed at specifying the actions to conclude an agreement.

An exchange contract in accordance with the Civil Code can only be concluded for privatized apartments.

If the real estate is owned by the state and is used under a social tenancy agreement, then you can also count on an exchange, albeit in accordance with other rules and guided by other regulations.

Thus, the Housing Code in Articles 72, 73, 74 and 75 will help you understand the issues of bartering housing included in a social tenancy agreement.

In addition, in some cases, you can resort to such a specific source of law as court decisions on different categories of cases, which provide explanations for exchange surveys.

Such legislative sources are called judicial practice, and they are also extremely useful for familiarization.

Find out how to exchange a room in communal housing or a dormitory, as well as a two-room apartment, from our articles. Read also about how to exchange a room for a house and land, and how to exchange housing purchased with a mortgage.

Exchange of a three-room apartment

The thing is that probably two one-room apartments and a one-room apartment will be larger in area than the original three-room apartment. Each apartment has a kitchen, a corridor and a bathroom with a bathroom. By selling a three-ruble note, you seem to be exchanging one set of these premises for two sets, which is impossible without an additional payment. The same is true if you want to exchange a three-room apartment for three one-room apartments. Such options are generally only possible with an additional payment.

Another difficulty is that it is not enough to simply sell your home and then buy a new one, otherwise you will be temporarily left without a roof over your head if there is no other property in stock. Purchase and sale agreements for old and new apartments must be concluded simultaneously.

Where to start the exchange?

From the choice of motivation. It is important to determine what everyday problems can be solved by exchanging an apartment. Options for further action depend on this. Classic reasons for bartering or bartering:

  • Divorce of spouses. Few people want to continue living under the same roof after a breakup.
  • The desire to resettle already adult children. If there is no money to buy another apartment, parents may decide to exchange the existing living space.
  • Financial difficulties. Instead of a large apartment, the owner receives two smaller ones, one of which he then rents out.

If former soulmates are constantly arguing, the speed of exchange is more important to them, and the quality of new smaller apartments fades into the background. If we are talking about the fact that several generations of one family have decided to live separately, it is better not to rush and not agree to the first proposed option. In any case, the main thing is to set your priorities correctly. This will help you make the right decision and avoid major mistakes.

Complete turnkey apartment renovation

  • Everything is included The cost of repairs includes everything: work, materials, documents.
  • Without your participation After agreeing on the project, we only bother the owners when the repairs are completed.
  • The price is known in advance. The cost of repairs is fixed in the contract.
  • Fixed repair period Turnkey apartment renovation in 3.5 months. The term is fixed in the contract.

Read more about Done

How to sell and exchange a three-room apartment for two one-room apartments

According to Vladimir Titarenko, in this case you should forget about ordinary mathematics - in apartment matters, 3 does not always equal 2+1. Most likely, when exchanging you will receive two one-room coins. The fact is that, firstly, most often the two resulting apartments have a total area of ​​more than one “three rubles”, and secondly, two apartments have two bathrooms, two toilets, two corridors and two kitchens.

  • Through a purchase and sale agreement. The bulk of apartment exchanges with an additional payment are carried out through two sales contracts. You will have to sell your own apartment and purchase the option you are interested in (or options, if a large apartment is exchanged for several smaller ones), which are prepared and carried out simultaneously. Therefore, such a scheme is also called an alternative transaction.
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    Methods

    There are three exchange methods. Each of them has its own advantages and disadvantages, but what you choose in the end is, of course, up to you.

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      The exchange agreement provided for in Article 567 of the Civil Code allows citizens to carry out an equivalent exchange or with an additional payment . That is, when you find a worthwhile option, you draw up an appropriate agreement. If necessary, make an additional payment - this point is also noted in the contract.

    Civil Code of the Russian Federation Article 567. Barter agreement

    1. Under an exchange agreement, each party undertakes to transfer one product into the ownership of the other party in exchange for another.
    2. The rules on purchase and sale (Chapter 30) are applied to the exchange agreement, if this does not contradict the rules of this chapter and the essence of the exchange. In this case, each party is recognized as the seller of the goods, which it undertakes to transfer, and the buyer of the goods, which it undertakes to accept in exchange.

    But despite the high tax, the method is very popular. In this case, there is no need to mention the surcharge because each party sets its own cost.

    Civil Code of the Russian Federation Article 454. Sales and purchase agreement

    1. Under a purchase and sale agreement, one party (seller) undertakes to transfer the property (goods) to the other party (buyer), and the buyer undertakes to accept this product and pay a certain amount of money (price) for it.
    2. The provisions provided for in this paragraph apply to the purchase and sale of securities and currency values, unless special rules for their purchase and sale are established by law.
    3. In cases provided for by this Code or other law, the specifics of the purchase and sale of certain types of goods are determined by laws and other legal acts.
    4. The provisions provided for in this paragraph apply to the sale of property rights, unless otherwise follows from the content or nature of these rights.
    5. For certain types of sales contracts (retail purchase and sale, supply of goods, supply of goods for government needs, contracting, energy supply, sale of real estate, sale of an enterprise), the provisions provided for in this paragraph apply, unless otherwise provided by the rules of this Code on these types contracts.

    Exchange of a 3-room apartment: options, surcharge, purchase and sale process

    If the owners of a three-room apartment do not want to sacrifice their usual lifestyle and quality of housing, then perhaps they should consider the option of exchanging it for two one-room apartments. In this case, the prospects are brighter: you can try to find options in your own or nearby areas, you can boldly look towards houses of more modern construction, you can apply for an apartment with a decent renovation.

    But, before we talk about how you can exchange a 3-room apartment, we will make one clarification. The vast majority of transactions in the modern real estate market go through the conclusion of a purchase and sale agreement, when a home is first sold and then another is bought. In this article we are talking about exactly this scheme for exchanging apartments, and not about direct exchange, which was widely practiced during the Soviet Union.

    Exchange of apartments in St. Petersburg

    What else is attractive about this prospect? Residents living outside the city in the Leningrad region are showing great interest; they are ready to exchange their apartment for housing in St. Petersburg. Another win-win option would be to exchange for a new building; apartments in new buildings will delight you with their convenient layout and quality.

    Exchange of apartments in St. Petersburg is interpreted as the most profitable and convenient real estate transaction. Why do people choose exchange? This happens for various reasons; if there are financial difficulties, then exchanging an apartment is the best option, as it allows you to change housing with an additional surcharge.

    Apartment exchange: how to make a profitable deal

    The decision to repurchase shares is made by management bodies - the general meeting of shareholders or the board of directors. The list of possible cases when a company has the right to buy back shares from its members is given in paragraphs. 1 and 2 tbsp. 72 of the Law. In the event that a larger number of shares are provided for redemption than the company can purchase, their redemption occurs in proportion to the stated requirements.

    The apartment is privatized, owned by two people in equal parts. Or is it easier to sell it and buy one-room apartments yourself? In any case (yourself or realtors) by selling your apartment. Buy only in person from the owner (not by proxy); a certificate from a mental health and drug dispensary is required from the seller - so that they cannot protest the transaction.

    Exchange a 3-room apartment for 2 and 1

    Apartments in standard 16, 14 and 12 storeys are more expensive than apartments in 9 storeys. The cheapest option is 5-storey “khrushchob” buildings. If the housing is located in a modern or pre-war building of non-standard architecture, it is better to contact a specialist with questions about its value. Exchange with additional payment In the exchange agreement, the parties specify the amount of additional payment by one of the parties to the other, the timing and procedure for making the additional payment.

    The KR Group LLC company is the developer of the “Exchange for a New Building” program, the essence of which is the simultaneous presentation on the primary and secondary markets... Exchange of 3k for 2k + 1k within the Moscow Ring Road Category: Exchange, 3-room apartment · Date: 11/14/2015 I am looking for options for exchanging an apartment, I need a 2-room apartment and 1 room within the Moscow Ring Road without additional payments, the apartment is located in a 12-story block building on Shcherbakovskaya Street. There is a balcony, the Semenovskaya/Partizanskaya metro station is 10 minutes on foot. 3 rooms sq. for two 1-room apartments in Moscow Category: Changing a 3-room apartment · Date: 04/07/2015 Changing a 3-room apartment. in Strogino, residential complex "Captain", brick-monolithic house, total area. 80 sq.m., 2 balconies, isolated rooms: 13-16-20 sq.m., kitchen-9 sq.m., windows to the courtyard, walking distance to the metro, for two one-room apartments in Moscow or for 1 two…

    How to exchange a three-room apartment

    Shelter is a primary human need. It is not surprising that everyone has the goal of purchasing their own housing, where they could stay on a permanent basis (obtain registration). However, not everyone can purchase housing in a large city. Meanwhile, interesting work is only available in megacities. If the property already has housing, everything becomes much simpler.

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    Changing a three-room apartment is quite simple, but in any case you will need the help of specialists. The real estate agency "Housing Exchange Center" offers the services of qualified specialists who know everything about the current situation in the Moscow real estate market. We will select the right exchange option for you, advise on all existing issues and help you correctly draw up the contract.

    Adviсe

    Exchange is a complex procedure with many nuances. If the process proceeds without the help of a lawyer, you should listen to the recommendations of specialists:

    • You should not choose real estate with encumbrances. After purchase, you will have to deal with them, and some of the problems will not be solved quickly.
    • It is necessary to use the services of a notary. He will help you draw up the contract correctly and conduct the transaction in accordance with the law. His duties will also include checking the “legal purity” of the housing.
    • Be careful with registered residents. Some people are extremely difficult to evict because of their status or the conditions under which they live in the apartment (long-term lease agreement, registration).

    When exchanging a two-room apartment, it is best to use the services of a qualified realtor . The specialist will check the property of both parties for the presence of pitfalls in the form of other owners or encumbrances, help collect the documents necessary for registration and draw up an agreement.

    Apartment exchange: how to make a profitable deal

    It can be very difficult to resettle the residents of one, even a large apartment: therefore, some of them may find themselves at a disadvantage and refuse to exchange at all. The solution may be to exchange the apartment through the court or contact a real estate agency, whose employees will try to choose the most optimal accommodation option.

    Very often people try to sell their share in an apartment because other owners do not agree to exchange housing. Theoretically, this can be done, but in practice, such offers are stored in real estate agency databases for years without finding their buyers. Therefore, try to find some compromises, negotiate with the other apartment owners, try to interest them in the exchange. Perhaps you will be able to sell your share to the current owners: then the problem will disappear.

    Search for options

    When collaborating with an agency, you will need to incur additional costs to pay for its services, but which option greatly reduces the risks of the transaction. In addition, realtors have a large database of objects for sale or exchange, which makes it much faster to find suitable real estate.

    You can also use other options to search for real estate:

    • It is necessary to constantly monitor all advertisements on the issue of interest located on the relevant websites and pages of printed publications. There are always a lot of advertisements on special boards placed near houses, just on the passage of the streets. But, as practice shows, most of these advertisements are also given by realtors.
    • Another way to find housing for exchange is to advertise “I am changing an apartment” yourself. Agencies will immediately contact you using it, but homeowners will also call you.

    The first search method, through a real estate agency, will require additional expenses (and quite a lot), while others will be practically free (you can put up advertisements yourself, in your free time). If you wish, you can act in three directions, in which case the result will appear much faster.

    How can you exchange a 3-room apartment and for how much?

    1. Searching for options on your own, however, this procedure is quite problematic. It is best to seek help from a reputable real estate company. The organization’s specialists will help you find a suitable option and collect the necessary documentation package.
    2. It will be necessary to inspect the proposed housing and choose the most suitable one.
    3. The product of the assessed value will need to be done for the proposed property.
    4. If necessary, determine the amount of additional payment.
    5. Collect the necessary documents. It is imperative to obtain permission from the guardianship authorities if you have young children (without such paper the exchange will not be made).
    6. Complete the transaction procedure and sign the contract.
    7. Register ownership of new housing.
    8. Sign the transfer deed.

    If there are no circumstances preventing the exchange, you can begin the process by submitting a package of documentation to the court. At the same time, it would be useful to add evidence that it has become impossible to live in such conditions. Such papers can be certificates taken from the police (scandals, drunken fights, etc.), confirmation that one of the residents is an alcoholic, drug addict or nervously ill. Without such evidence, the court may not consider the application.

    Where are the documents prepared and submitted?

    For exchange you will need:

    Passports of all participants in the transaction.

    Consent to transactions from co-owners and former spouses.

    Permission from the guardianship authorities if there is a minor participant.

    Technical passports and cadastral passports of all objects.

    Required extracts.

    The above documents and agreements are submitted to Rosreestr.

    When submitting a package of documents, a certificate of acceptance is issued, which must indicate the date of issue of the certificate of ownership.

    Exchange of 3 apartments

    Is it possible to exchange a 3-room apartment of approximately 75 sq.m., which we were given as a large family, if 4 people are registered there (mother, her minor child, me (her daughter (of age) and another older daughter (of age)) Is it possible to exchange it so that the mother gets a small one-room apartment, and my sister and younger brother and I get a small two-room apartment? Is it possible to register a minor child separately from the mother (with sisters) before receiving guardianship over the brother? After all, we cannot get guardianship without housing? And is it possible to exchange this apartment if the alcoholic mother lives with the same alcoholic who is not registered in this apartment (the younger brother’s own father, but according to documents he is a nobody) and provides poor living conditions for her son (that is, he has a separate room , but the stench and dirt spreads to all living meters)? If you can answer at least some of these questions, then I will be very grateful to you! Thank you.

    The decision to lift the seizure of real estate, in particular an apartment, is made by the court that issued the act imposing this restrictive measure. Thus, in order to regain the opportunity to freely use and dispose of your property, you will need to file an appropriate appeal to the authorized judicial body. This rule is regulated by Part 1 of Art. 119 Federal Law “On Enforcement Proceedings”, as well as paragraph 2 of Part 2 of Art. 442 Code of Civil Procedure of the Russian Federation. Important! Removing the seizure of any property, including real estate, is allowed only after the grounds that gave rise to the application of this restrictive measure have been eliminated.

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