Find out how to give up a share in a privatized apartment in favor of your parents: the nuances of this procedure and expert advice

About the refusal procedure for the donation option

The procedure for donating a share is similar to donating a piece of real estate. You need to go through the standard steps:

• Drawing up an agreement. The procedure is carried out in ordinary written form and does not require certification by a notary office. Our lawyer will help you draw up the details of the gift agreement. It is necessary to draw up 3 versions of the document: for both parties and for the registration authority.
• Certificate of ownership, which is issued by Rosreestr upon registration of housing.
• Technical documents from BTI.
• Receipt for payment of state duty.

This list is required when making a gift transaction; they must be submitted to the registration authority. If necessary, the registrar may request additional documents for registration. After information about real estate is entered into the database of the unified real estate register.

How to give up a share in an apartment in favor of another owner by making a gift, for example, to a close relative? There are no differences, regardless of the degree of relationship of citizens. All procedures are carried out by analogy with the general rules for donating real estate.

On refusal of privatization

The main important nuance when refusing privatization is that a citizen may not participate in the privatization of his share, but he is obliged to give consent on an equal basis with other owners. Without it, the procedure according to the law cannot take place.

Removal from privatization must be certified by a notary, after which the right to property disappears, and all other measures to register housing ownership are carried out without the former owner. It must be remembered that the cancellation of possession is carried out by the owner only in relation to his part.

Voluntary refusal during the privatization of real estate

Privatization is a procedure as a result of which a Russian has a rare opportunity to obtain ownership of municipal or public housing for free. All persons registered in the apartment at the time of submitting the application have the right to privatization. The exception is for residents who have previously used the right to free transfer of ownership of their housing.

If several people are registered in the apartment, then adult family members have the right to refuse to participate in privatization. To do this, you must write an application in the approved form and have it certified by a notary. A sample waiver of a share in a privatized apartment (refusal to participate in privatization) can be obtained from a notary.

The certified refusal will be attached to the list of documents required for the privatization of the apartment by the remaining residents.

After completion of the privatization procedure, the apartment acquires the status of joint or shared ownership, in which the “refusenik” has a residence permit (registration), but cannot claim the right to own and dispose of the living space.

If you refuse to participate in privatization, a family member retains the lifelong right to live in the apartment and use it, even if the living space is exchanged, sold or donated.

How to give up a share in a privatized apartment if several persons own the property?

Based on the above, refusal is possible in several ways, depending on the status of the share at the moment:

• You can not only donate a share, but also draw up a purchase and sale agreement if the housing is privatized.
• If privatization has not yet taken place, then a refusal in favor of another owner is possible.
• If a share is inherited, it can be transferred to another heir, as well as in favor of all remaining owners. In this case, the participation of a notary in the correct execution and certification of the document is necessary.

Thus, the owner of a share of housing can transfer it to another citizen. This means completely abandoning it. Like any legal situation related to actions with real estate, this procedure has many nuances that only a professional lawyer can explain in a qualified manner.

About the peculiarities of refusing a share

The need to cede part of the living space may arise due to objective circumstances, for example, the fact that the value of real estate with several owners will significantly lose in value - up to 25%. In addition, the procedure for completing a transaction will become more complicated, since you will have to collect a significant number of various confirmations and certificates.

How to give up a share in a privatized apartment in favor of your parents? According to the law, this can be done by a legally capable person who has reached the age of 18. The recipient can be any citizen, regardless of the presence or absence or presence of family ties with the owner. A minor citizen does not have the right to renounce his share in the apartment, even if this is done in favor of his parents.

Citizens should seek legal advice before taking action to relinquish property. On our website you can get free legal advice on all housing issues, including this procedure, which has many risks, the consequences of which may be irreversible.

Most often, refusal of the option chosen by the citizen is irreversible. For example, if a gift agreement for a share is drawn up, then there is practically no possibility of terminating it. You can file a claim in court, but you will need compelling reasons to achieve a positive decision. The law defines a narrow range of reasons for which a given contract can be terminated. They are all connected only with breaking the law.

If the owner refuses to privatize, the law is not violated in any way - this is his right. The law allows privatization of housing once, therefore, in case of refusal, the citizen’s right remains and can be used in relation to other housing. But this does not mean the loss of housing by the owner; he retains the right to part of the property. It also applies when the owners of the apartment change after its sale.

When relinquishing part of the ownership of living space in favor of relatives, payment of tax is not required. An outsider is required to pay 13% of the total value of the donated property.

Experience as a lawyer since 2000. Graduated from the Moscow State Open University with honors. Provides consultation and assistance to citizens on all legal issues.

How to deprive the owner of a share in an apartment according to the law?

Shared management of real estate is one of the types of joint ownership of living space. It is possible to deprive the owners of an apartment on the basis of the law. If there is no consent from the owner, the procedure is carried out through the court or through the purchase of the owner's share.

What is alienation of a share?

Alienation of a share is the transfer of rights to it to another person. A co-owner has the right, at his own discretion, to sell, donate, bequeath or otherwise dispose of his share.

A certain procedure for the alienation of a share is established by law. If the owner of a part of the common property decides to sell it, he must take into account the pre-emptive right of purchase of the co-owners.

Clause 1 of Art.

250 of the Civil Code of the Russian Federation: When selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have the preemptive right to purchase the sold share at the price for which it is sold, and on other equal conditions, except in the case of a sale at public auction, as well as cases of sale of a share in the right of common ownership of a land plot by the owner of a part of a building or structure located on such a land plot or by the owner of premises in the specified building or structure.

The seller is obliged to notify the co-owners of the planned sale in writing. Violation of the alienation procedure may lead to the recognition of the transaction as invalid.

Is it possible to deprive a share in an apartment without consent?

Shared ownership is a form of property ownership in which the property is divided into certain parts and each co-owner has equal rights (regardless of the size of the share).

Typically this type of ownership occurs when:

• alienation of a part in favor of other people (sale, donation, etc.);
• inheritance;
• division of property by former spouses during divorce.

Regardless of the method in which ownership was obtained, each co-owner can independently decide how to dispose of his property. Of course, there are some restrictions.

For example, in the article “ Preemptive right to buy out a share ” we told you who you can sell your part of the apartment to. However, no person has the right to force another to carry out the procedure for alienating his share.

The only government body that can decide to seize a share from a person’s property is the court.

So, there are three ways to transfer part of the apartment to yourself:

MethodExplanation

So, the first method does not require going to court. We have already talked about how to voluntarily give up a share in a privatized apartment.

The second and third methods prescribe that you must apply to a district court of general jurisdiction. The most preferable option is to go to court with a claim to recognize the share as insignificant and buy it out. If the share of the apartment is sold “for debts,” then it will have to be bought back from the new owner.

That is why, if you have a need to purchase a share of housing from a co-owner (for example, he does not pay rent, has accumulated a lot of loans and collectors are systematically coming to you), then the only right decision will be to recognize part of the apartment as insignificant and then buy it out.

Deprivation of a share in an apartment

Shared ownership of residential premises is a method of owning real estate that involves “dividing” an apartment between citizens into several parts.

The number of owners is not limited; everyone's interests are protected equally; It is impossible to deprive a person of the right to a house without legal grounds. Can an apartment owner lose his share? Yes.

Options for depriving the owner of a share in an apartment?

1. Consent of a participant in shared ownership to renounce living space. The parties negotiate all the terms of the transaction, prepare a package of necessary documents and, after completing the registration steps, receive the papers.
2. Deprivation of property rights based on a court decision.
   Let's say there are large debts on rent or debt to bailiffs (the owner of the apartment has been deprived of parental rights, he has obligations to pay child support, which he does not fulfill).
3. The redemption of an insignificant share is forced.
   This is a last resort measure used if the owner refuses to sell it voluntarily.

How to force a share buyout?

It is possible to deprive the owner of a share in an apartment or house through forced redemption, subject to the following conditions:

• part of the apartment is insignificant;
• cannot be isolated in nature;
• does not affect the general right to use the house.

The legislator does not specify which share is considered insignificant; the courts, when considering a case, must themselves determine this size. Practice proceeds from the fact that it should be less than the established limit per person (this indicator is determined by the constituent entity of the Russian Federation independently).

When making a decision, judges are guided not only by the area of ​​the room, but also by the following factors:

• ownership of the apartment was obtained as a result of a transaction that did not imply the citizen’s abandonment of the house (inheritance);
• the owner of the apartment acquired his share knowing that there were other owners, further coexistence with whom was not possible for him.

In order to buy out a share, you need to know the market value of the property. Therefore, when going to court, it is better to have the results of the apartment assessment in hand and offer reasonable monetary compensation to the defendant.

Deprivation of a share in an apartment through the court

Forced seizure of property from the owner can be due to two main reasons. These are grounds related to the guilty actions of the owner himself, or to the interests of the state and society.

In the first case, property can be seized from the owner in the event of foreclosure on the property if the owner of the real estate fails to fulfill his obligations.

A typical case is foreclosure on an apartment, or a share in the right to it, in case of failure to fulfill mortgage obligations.

This also includes the seizure of property due to mismanagement of cultural property. What is possible in cases where the owner lives in a house of cultural or historical value.

Another basis for deprivation of a share in the ownership of an apartment may be a violation of the rights and legitimate interests of other persons.

If the share was acquired under a gift agreement, the courts take into account the knowledge of the person receiving the share as a gift about the people living in the apartment, the impossibility of actual cohabitation with the existing owners, and this is often what is included in the decision to satisfy the demands for forced redemption of the share.

• The need to use an apartment Courts must take into account whether the person whose share is considered insignificant owns other real estate. If you own at least some residential premises, even those located in other constituent entities of the Russian Federation, the chances of a forced buyout of the share increase significantly.
• Remember: It is impossible to deprive the owner of a share in the ownership of property without providing him with compensation. And only after receiving compensation the owner of a minor share loses the right of ownership to it.

How to avoid alienation?

When the owner is categorically against the alienation, and the co-owners sue him, it is necessary to try to convince the authorities that there are no reasons for forced redemption.

✔ Get a court decision in your favor

The courts take into account the combination of all three factors - a small part of the share, the impossibility of allocating in kind, non-use of property. If at least one of the points is not true, they will not be able to force the owner to sell the share.

To ensure that you achieve a court decision in your favor, you can resort to the services of professional lawyers. Although in some cases this is of no use, since the futility of the plaintiffs’ idea is obvious.

✔ How to appeal in court?

The court will take into account whether the apartment has a room corresponding to the square footage equal to the owner’s share. If such premises exist, it is almost impossible for the plaintiffs to achieve a forced purchase.

The second point is the basis for acquiring ownership rights to a share. If the basis was a purchase and sale carried out in compliance with all legal requirements, then the share is unlikely to be considered insignificant.

The third nuance is the need to use the apartment. If the owner has no housing other than a share in the apartment, the court will not satisfy the plaintiffs’ demands.

The owner loses ownership of the share only after compensation has been transferred in his favor and property rights have been re-registered in Rosreestr.

Arbitrage practice

There is no need to talk about the clear success of the plaintiffs. Before setting a price for a minor share in an apartment, the court takes into account ownership factors. It will be necessary to understand the current situation based on an assessment of the share, the arguments of the plaintiff, the living conditions of the defendant and the current state of affairs.

What factors are taken into account in court:

• apartment status – privatized or municipal;
• size of residential and non-residential area;
• the size of the share of the defendant and other shareholders;
• need for current living space - is there an alternative for living (see “Can they be evicted from an apartment if there is no other housing?”).

Judges evaluate the positions of both parties, order an examination, establish an adequate redemption value and require guarantees of payment of money to the defendant.

So, if the owner is against the sale of a share in the apartment, the remaining residents can deprive him of part of the property. But only if the share is considered insignificant, i.e. the co-owner does not need it, it is less than housing standards per person and does not stand out in kind in any way. Such cases are considered in court - it will not be possible to arbitrarily take away a share from the owner!

The forced purchase of a small part of the housing is accompanied by difficulties. The situation looks simple only on paper, but in reality it requires an expert assessment. If you want to sue a shareholder, it is better to contact a lawyer and get advice.

Knowing how to proceed, you can order an examination, conduct an assessment, notify the owner, file a claim and collect evidence.

A negligent attitude towards the process can play a cruel joke, especially if other owners want to deprive you of a share in the apartment.

Watch the video on the topic of depriving an owner of a share in an apartment:

✔ I have a share in the apartment, other shareholders are trying to take my share, can they take it away without my consent?

According to Art. 35 of the Constitution of the Russian Federation, no one can seize property without a corresponding court decision. In this case, other shareholders have only one chance - forced redemption. If the court finds that your share in the common property is insignificant, the property may be seized. In such a situation, you will receive compensation equivalent to the value of the share.

✔ I have a 1/5 share in the apartment, another shareholder wants to buy it, but offers very little money. Is it possible to oblige him to buy it back at market value?

It will not be possible to oblige someone to buy property, but you can sell a share at market value.

To do this, you must use the procedure for selling your share, taking into account the pre-emptive right. Send the co-owners a notice of the planned sale of the share indicating the market price.

If after a month they do not express their desire to buy the share, you can sell it to a third party.

Real estate specialist Inna Belyakova will tell you how you can legally deprive the owner of a share in an apartment.

Source: https://vseodome.club/raznoe/kak-lishit-sobstvennika-doli-v-kvartire-bez-soglasiya.html

How to give up a share in an apartment in favor of another owner

Hello, in this article we will try to answer the question “How to give up a share in an apartment in favor of another owner.” You can also consult with lawyers online for free directly on the website.

Refusal by a husband (or wife) of a share in an apartment is another fairly common case. A special form of regulation of property relations is provided for spouses. We are talking about a marriage contract. In it, spouses can register who and what will belong to the property (current and future). And in this case, the apartment is purchased only for the wife/husband. No refusals or other paperwork.

And how to give up a share in an apartment in favor of a relative? The procedure is performed in a standard way. If property is transferred to close relatives, for example, to a parent, then the recipient does not have to pay tax on the income. In other cases, it is necessary to contribute 13% of the cadastral value of the share to the budget. This is a personal income tax. According to the law (Article 575 of the Civil Code of the Russian Federation), property cannot be given on behalf of minors. There are often cases when the owner has a desire to give up part of the living space in favor of another. But not everyone knows how to correctly implement this intention. To understand all the nuances, it is recommended that you read this article.

This is important to know: Agreement on determining shares in an apartment: sample

How to give up a share in a privatized apartment?

There is a procedure for refusal not only in favor of another owner, but also the opportunity to relinquish rights without identifying a successor, although in practice such precedents practically do not occur. That is, in most cases, voluntary renunciation of a share in a privatized apartment is an irreversible step. Except for privatization.

If the housing has been privatized, then the refusal of the share does not mean a refusal of privatization, and the citizen can exercise his right at any time. Voluntary refusal to privatize official or municipal housing does not deprive the owner of the right to take advantage of the free privatization procedure in relation to other residential premises. In principle, it is possible to renounce a share in an apartment with a mortgage if, during a divorce, consent to this is obtained from the other owner (this happens if, as he invested his own funds into the mortgage for the down payment). In court, you can claim a priority right and the spouse’s refusal of the share in favor of the plaintiff, provided that there is documentary evidence of such investments.

In addition, spouses can renounce their shares in housing using deeds of gift. Most often, they are registered either for husbands/wives or for children. This form of property transfer is the most common in Russia. Owning a share in an apartment or other residential premises is not always convenient. It is not always possible to allocate it, it is difficult to sell, it cannot be pledged, etc.

Refusal is possible in several ways. The first of them is through a gift agreement. In this case, a citizen who has already participated in privatization formalizes the transfer of his share in the ownership of the apartment to another member of his family or someone else of his choice. This procedure has been worked out quite well, and no problems usually arise here. The usual registration of the transfer of rights with the Rosreestr authorities and, of course, the consent of the person to whom the gift was made will be required. Important! A person cannot be forced to make a transaction or refuse to make it, since the law provides only for voluntary expression of will in this matter. In this case, any person can choose the new owner of the share of a legally capable adult citizen.

The procedure for privatization of real estate is carried out by municipal authorities. Therefore, the specified package of documents is submitted to the Housing Policy Department at the address of the privatization object. After submitting all the required documents, the process will be completed in a few months, after which you will become the owner of the property. Having refused to be the owner of part of the residential property, a citizen is obliged to contact the passport office to remove it from registration at this address and, within a certain period, leave the former apartment with all personal belongings. All rights to this property are considered lost from this moment and cannot be restored.

For many owners, one of the most pressing issues when selling an apartment is the procedure and amount of tax on the sale of the apartment, that is, on income received from... If the apartment is still municipal or service, then it will be possible to refuse the share in it during the privatization process, then there is a transfer of it into the ownership of those who live in it.

Relinquishments of a share of real estate are most often carried out in favor of a related person. The law does not establish restrictions on this type of transaction, the exception being when this part is the property of a child. There is the possibility of selling or donating a part to a relative. In the case of a gift, there is no need to pay tax. It is also possible to renounce part of the living space during the privatization process. To do this, you must state the reason for the refusal. In this case, the property will be divided in equal parts between all relatives who claim it.

Even if they have fully formed intentions to give up their own share in real estate, people resort to common mistakes, in full confidence that they are doing everything right. In the Russian Federation, almost three years ago, significant changes were made to the legally established process of transactions with property in shared ownership. If you need to give up your share in an apartment, you should consult with a qualified lawyer, because the mechanism regulating how this happens is regulated by several laws.

Before selling your part of the living space, you should contact the remaining owners, as they have a pre-emptive right to purchase. They are required to do this within a month after they were notified. Only if they refuse can you transfer your part to a third party. To do this, you must draw up a written purchase and sale agreement. You should also submit written refusals from other apartment owners to purchase to the registration authority.

Important: giving up a share in the apartment, but accepting the rest of the inheritance is prohibited. The heir writes a renunciation of the testator's property within the framework of one or another form of inheritance (by law or by testamentary document).

If the refusal is issued in favor of the parents, they will not pay taxes, and the refusalr is exempt from personal income tax for alienation. Any procedure requires payment, even a simple certification of the signature by a notary on the privatization application. You can draw up an agreement yourself by using a standard form and entering the necessary information into it. An essential condition of such an agreement will be its subject, that is, information about exactly what share and what object is being transferred. To comply with all legal requirements, you can seek help from a lawyer.

Refusal after privatization

Sometimes children give up their share in favor of their parents, since they have already taken part in the privatization of other housing, sometimes they simply do not want to assume the responsibilities of the owner.

This is often due to the fact that when making any legal transactions with real estate, the presence of several owners significantly complicates the procedure. There can be many reasons, and very different.

If the apartment has already been registered as common shared ownership, then the most convenient form of transferring it to the parents would be to draw up a gratuitous transfer, that is, to conclude a gift agreement. Such an agreement will require almost no financial costs.

Since the donor and recipient are close relatives, the latter are exempt from paying 13% income tax.

The main condition is the desire of one to give, and the desire of the other to accept the gift. It is impossible to oblige someone to accept a gift by force or under pressure.

How to draw up a gift agreement

The gift agreement is drawn up in writing according to the established template.

It should contain:

• complete data of both parties;
• address of the property where the share is located;
• the size of the part of the housing donated;
• description of the apartment (floor, number of rooms, etc.);
• additional conditions.

As an additional condition, the donor may put forward the possibility of his living in this part of the apartment for some time, maintaining registration in it, etc.

The agreement is registered with Rosreestr or at the MFC branch. You must have the following documents with you:

• passports of the parties;
• gift agreement in 3 copies without signatures;
• certificate of registration of ownership of the share.

If part of the housing is joint property acquired during marriage, the notarized consent of the husband or wife is required. The agreement is signed only in the presence of a registration service employee.

For completing registration actions, the recipient pays a state fee in the amount of 2,000 rubles.

Registration usually takes about seven days, after which the new owner of part of the apartment receives the appropriate document confirming his right to property.

There is no need for notarization of the agreement, but sometimes, if desired, the parties formalize the transaction in a notary's office.

This entails additional financial costs, but such an agreement is considered more reliable in cases of possible litigation.

Relinquishment of inherited share

After the death of one of the parents, children can formalize a waiver of the share received as an inheritance in favor of the other. For example, after the death of the father, the children will refuse the inheritance in favor of the mother.

Such a refusal is issued through a notary in charge of the inheritance case, and it must be issued within six months after the death of the testator. There is no need to explain the reasons.

If children live in other regions, you can send a document in writing, certified by a local notary.

It is also necessary to be aware of the fact that it is impossible to renounce the inheritance partially, this can only be done completely. The heir cannot declare a waiver of the share in the apartment, but at the same time accept other property.

Thus, even when filing a refusal in favor of your closest people, you should carefully consider all possible risks and legal consequences. It is equally useful in such cases to consult with experienced, qualified lawyers.

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How much does the procedure with a notary cost?

However, if only a small part of the funds owed to the bank has been paid, then it is the financial authority that decides whether the agreement can be rewritten, having previously studied exactly how the new owner intends to repay the loan under the terms. If the bank considers him insolvent, the refusal will not take place. If you do not want to enter into an inheritance, the renunciation of the share is formalized through a notary office. To do this, it is necessary to write a corresponding statement and personally present it so that the notary’s doubts about the voluntary expression of will are removed. If the application is submitted by a proxy, then he must have with him a document confirming his right to represent the interests of his principal.

To make a donation, you need to renew or acquire a new technical certificate. To do this, you should call a specialist from the Bureau of Technical Inventory. He will take the required measurements and provide you with a new technical passport. After this, you need to contact a notary to obtain permission to make a gift. It is also worth knowing that in this case the presence of other owners of the living space is necessary. The gift agreement is drawn up by a notary. With this document, you can contact the registration chamber to receive a certificate in the name of the person to whom you are giving the apartment. The Tax Code stipulates the amount of state duty, the Civil Code stipulates the possibility of acquisition, sale and refusal. There are also federal laws on state registration of property transactions and real estate registration.

Refusal of the privatized share

If you decide to renounce part of the privatized home, you should write a statement in which you indicate the reason for the refusal. You should know that this document must be certified by a notary. You are also required to provide your personal and contact information and home address. In the event of voluntary renunciation of part of the home, the applicant cannot renounce in favor of anyone else. Relatives who also claim it have the right to distribute parts of the apartment. If you renounce privatization, there will be no other opportunity to receive your part of the living space. In 2021, the law provides for only three ways to give up a share in an apartment, regardless of how the owner of the share became its owner. Two of them are often used, and the third only theoretically exists in current legislation.

It is worth remembering that if the transaction was completed in accordance with the law, then it will no longer be possible to return everything to its original state.

In any case, you cannot do without a document that confirms the legality of ownership of the share. This rule is general, regardless of whose benefit the refusal is issued. Only after receiving this document is a corresponding agreement drawn up, depending on the specific situation. You can give up your share in a privatized apartment at any time when the owner wants it. The exception is the case when the property is under arrest.

This is important to know: Agreement on the redistribution of shares in common shared ownership

You can draw up a deed of gift only with the permission of the person you are going to gift. There is no need to obtain the consent of other owners. Before starting to draw up a gift agreement, it is necessary for a BTI employee to take a control measurement of the apartment. The transaction itself is carried out by a notary and submits the relevant documents for further registration to the FS GRKK branch. Upon completion of the procedure, the donor does not have to pay personal income tax, but the state fee will have to be paid. In case of refusal of inheritance, the potential recipient of the property loses all opportunities to obtain rights to the apartment or its share. He will not be able to live in it or dispose of it.

How to deprive the owner of a share in a privatized apartment without consent

5

The right of every person to private property and its inviolability is strictly protected by the Law of the country ( Article 35 of the Constitution of the Russian Federation ). However, sometimes several owners of one apartment cannot exist together and manage their property. Is it possible to deprive one of the shared co-owners of his part of the home? This will be discussed in our article.

How to deprive a share in a privatized apartment without consent

In order to recognize a part in an apartment belonging to one of the co-owners as insignificant, the following conditions must be present:

1. Small share size. Not always the same number of square meters (or the size of the share) will be recognized by the court as insignificant. For example, 1/5 in a one-room apartment (6 sq. meters) and 1/5 in a large five-room apartment (37 sq. meters). It is clear that in the second case, the area owned by the co-owner is not so small and can be comparable to the size of a separate room. That is, in the first case, it will not be possible to allocate a share in kind.
2. Reluctance to participate in maintenance and management. If a person does not permanently live in the specified housing, does not pay utility bills for it, and does not participate in maintaining its normal condition (repairs). In this case, you will have to prove to the court that this is really the case. For example, provide an extract from the payment center, an apartment card, a certificate from the local police officer, present witnesses (neighbors) to the court, etc.
3. No urgent need for housing. When a co-owner, in addition to the disputed share in your common apartment, also has other real estate. This is what will indicate that the disputed part of the housing is not the only place to live.

Only the combination of all these signs will allow the court to make a decision in your favor.

Procedure

Since the procedure for going to court is strictly regulated, it is necessary to comply with all the requirements of the legislator and follow the following algorithm of actions:

• try to conclude a pre-trial agreement;
• collect the necessary documents;
• draw up a statement of claim based, among other things, on the collected information and legal norms;
• send it with the appropriate number of copies (one for the court and each defendant) and a package of documents to the court of general jurisdiction;
• participate in court proceedings, bring complaints, file petitions, protect your interests by any legal means and prove the validity of the claim;
• if you receive a decision not in your favor, appeal it to a higher court;
• upon receiving a positive decision, pay compensation to the owner of part of the apartment (for this you can take out a mortgage to purchase the share);
• register your right to own property with the authorities of Rosreestr (possible through the MFC);

If you recognized the share as insignificant and bought it and became the sole owner of all the apartments, then read our article “How to combine shares in an apartment for one owner.”

Statement of claim

To file a claim for the forced purchase of a share in an apartment due to its insignificance, it is necessary to rely on the requirements specified in Art. 131-132 Code of Civil Procedure of the Russian Federation. It should contain the following information:

• name of the application;
• the judicial authority to which the petition is sent;
• the most accurate personal and contact information of the plaintiff and defendant;
• information about the property as a whole and about the disputed share (location, size, etc.);
• circumstances of the emergence of property rights;
• information about attempts to resolve the dispute out of court;
• an indication of why you believe that the share of the other co-owner is really insignificant;
• claim;
• a list of documents that are attached to the claim and indicate the legality of your claims;
• a list of persons whom you wish to hear in court as witnesses;
• date of compilation, personal signature of the applicant.

Sample claim for recognition of a share as insignificant and its forced redemption

It is best to entrust the preparation of the Statement of Claim to a professional lawyer. After all, it is in this area of ​​law that there are many nuances that you need to know so that the application in court is not left without consideration.

Required documents

The following documents must be attached to the application:

• a copy of the applicant's passport;
• an extract from the house register about registered persons;
• extracts from the Unified State Register of Real Estate about the property;
• technical documentation;
• receipt of payment of state duty;
• documentary evidence of the validity of the requirements (extract on non-payment of housing and communal services, extract from the Unified State Register of Real Estate on the availability of other housing for the defendant, etc.).

Some documents can be presented in court at the request of the judge.

Deadlines

In order to familiarize yourself with the claim and documents, the judge is given five days from the date of receipt of the application.

After this, he makes a decision to accept it for proceedings or leave it without consideration and return it to the plaintiff for amendments. The trial itself can drag on for a period of several months to several years.

It all depends on the circumstances, the position of each party, the need for research and examination.

Registration of property rights in the Unified State Register of Real Estate will take another 15 days.

Price

When going to court, you must pay a state fee. Its size depends on the value of the share that you want to forcibly redeem. It is defined in Art. 333.19 Tax Code of the Russian Federation.

For making changes to the Unified State Register in 2021, you will have to pay 2,000 rubles.

Relinquishment of a share in an apartment: possible options and procedure for registration

The real estate market at the present stage is characterized by a variety of types of objects and rights to them. Often the object of ownership is not the entire apartment, but part of it. Owners of shares, for various reasons, may want to get rid of their property by abandoning it. The legislation provides for various ways to legally formalize such an intention.

What does ownership of a share in an apartment mean?

An apartment is a property owned by one or more owners. In the second case, we are talking about the common property of several owners. Shared ownership of an apartment occurs when each owner has a certain share in the premises.

If the shares are not allocated, then the apartment belongs to all owners on the right of joint ownership. This regime of property rights is relevant for the property of spouses if there is no marriage agreement.

The apartment is in shared ownership if:

• the object is privatized or purchased by several family members. In this case, all owners must be indicated in the contract on the side of the buyers or acquirers. The apartment can be purchased by one owner, and his family members will have the right of residence;
• the apartment is divided into shares between the spouses. The allocation of shares can occur by their consent when signing a marriage contract or an agreement on the division of property, or by a court decision in the case of an application for the division of common real estate.

The right to refuse a share in an apartment

Each of the apartment owners can, at his own discretion, make transactions with his share, which is an independent object of contractual law.

What does giving up your share legally mean? Simply declaring a refusal is not enough to trigger legal consequences. Refusal in practice means any active action by the owner to alienate a share or his refusal to participate in privatization or acceptance of an inheritance. You can renounce the status of owner both in relation to an already owned share in the apartment, and to that which is still subject to registration as ownership.

How to formalize a refusal to privatize

Russian legislation enshrines the right of citizens to a one-time ownership of occupied housing without compensation for its cost. The procedure and conditions for the transfer of residential properties are established by the Law of the Russian Federation of July 4, 1991 N 1541–1 “On the privatization of housing stock in the Russian Federation.”

As a general rule, all residents, including children, become the owners of a privatized apartment. If there are no reservations, all privatization participants receive equal shares. Their rights are confirmed by state registration in the Unified State Register of Real Estate.

Privatization is a procedure that requires its participants to take consistent active actions:

• agreeing on the terms of privatization with all participants;
• drawing up and submitting an application to local authorities or other organizations supervising this housing;
• interaction with competent authorities. The corresponding agreement is concluded no later than two months after the submission of documents;
• application to Rosreestr for the purpose of registering property rights.

Despite the simplification and automation of administrative procedures, for many citizens this procedure seems too labor-intensive. For this reason, they refuse to participate in privatization, which actually means giving up their share in the privatized apartment. Other persons give up their share of property for other, more mercantile reasons.

In any case, whatever the motives, refusal of a share is the right of any resident.

The refusal itself can be issued in two ways:

• write a statement of refusal, have it certified by a notary and hand it over to the rest of the privatization participants;
• appear in person with the other owners to submit an application for privatization of the apartment and declare your intention, confirming this in writing on the spot.

An application for refusal of privatization is filled out on a similar form and contains a request not to include the applicant among the future owners

The share that one of the participants refused is distributed in equal parts among all those wishing to participate in privatization.

The belief about the right to refuse privatization of one’s share in favor of a specific person is false. There is no such right in the legislation. If you want to give your share to a specific person, you need to take a different route: first take part in the privatization of your share and then donate it.

Giving up a share in an apartment: how to give up and how much it costs in 2021

1. Obtain the spouse's consent to the gift if the share was acquired during marriage. Consent is certified by a notary.
2. Three copies of the gift agreement and deed of transfer are drawn up and signed. The gift agreement must be certified by a notary.
3. Next, you need to collect a small set of documents: a technical plan of the apartment, a current extract from the Unified State Register of Real Estate, a receipt for payment of the fee (2,000 rubles).
4. The parties are sent to Rosreestr to register the donee's property rights. You can organize it through a notary office - faster, but a little more expensive.
5. Upon expiration of the registration period, the donee takes ownership of the apartment, and the donor loses ownership of the share.

1. It is necessary to notify the co-owners in writing of the pre-emptive right to purchase the share.
2. The seller must obtain the consent of the spouse for the sale in notarial form.
3. The DCT and the transfer deed must be drawn up in triplicate. The contract is certified by a notary.
4. The agreement, act, technical documents for the apartment and a receipt for payment of the fee (2,000 rubles) are submitted to Rosreestr for registration.
5. After registration, the buyer assumes the rights of the owner.

Relinquishment of a share in an apartment by alienation: how to formalize it correctly

Giving up a share by alienating it means transferring ownership rights to your part in the apartment to another owner or owners.

When can you renounce a share in favor of a specific person?

By renouncing his share, a citizen may, in some cases, transfer the property to a specific person.

Thus, transfer of a share to a certain person is possible:

• under a gift agreement;
• upon refusal of inheritance.

Without the right to indicate a specific person, refusal occurs when:

• refusal of privatization;
• sale of shares.

In relation to sale, the issue of identifying a person is controversial for the following reasons.

Selling a share in an apartment

The most typical transaction for the alienation of part of an apartment is its sale.

Since an apartment in shared ownership is a residential property where several users live, in order to protect their interests, the Civil Code establishes the mandatory conditions of this transaction.

According to Article 250 of the Civil Code, all other apartment owners have an advantage when purchasing a share over outside applicants. This means that the owner must first look for a buyer of his share among other owners of shares in this apartment, notifying them of his intention.

Written notification to other owners about the sale of a share in the apartment protects the seller from litigation in the future

Other residents must be informed according to the following rules:

• the message must be in writing;
• You must indicate the current price and conditions.

It should be noted that if the seller, in order to get a waiver from the transaction, deliberately inflates the price of the property and then sells it to an outside buyer at a lower price, such a transaction may be challenged by persons who have a preemptive right to this part.

The seller must wait one month before offering the share to other buyers. However, after a month, no confirmation of the refusal of other apartment owners is required. True, the seller must make sure to timely and accurately inform the co-owners of his intention and take care of documentary evidence of this fact. Otherwise, the transaction with an outside buyer may be contested.

The complete transaction procedure is carried out according to the following scheme:

1. Notifying other owners of the sale.
2. Drawing up a purchase and sale agreement. If there are no interested parties among other participants in the ownership of the apartment, an agreement can be drawn up no earlier than in a month. If the owners show their intention to buy out the share or inform them in writing of their refusal, then the transaction can be completed earlier.

The contract must describe in detail the subject of the transaction, the amount and terms of payment

Video: about the rules for selling a share in an apartment

The procedure for registering a share as a gift

Another legal way to give up your share is to donate it, that is, transfer it into ownership to another person free of charge.

In order to donate your share to another person, you must perform a number of sequential actions:

1. Draw up a gift agreement according to the rules of Article 574 of the Civil Code of the Russian Federation. The document must indicate the object of donation (share in the apartment) with a detailed description (cost, size), as well as information about the entire apartment (address, registration data).
2. Have the contract notarized.
3. Pay the fee and register the transfer of ownership in Rosreestr.

Financial costs are paid by default by the recipient.

The rule on the pre-emptive right of acquisition does not apply to a gift agreement.

Often this point is used when intending to sell a share to an outsider who is not related to the apartment. The deed of gift actually disguises the sale. That is, the share is legally formalized as a gift, and the transfer of money is carried out on the basis of an oral agreement. Such tricks are illegal and, if evidence is available, the contract can be canceled.

There is no need to obtain consent from other persons for the transaction. As an exception, mention should be made of the case of joint property of spouses.

Let's assume that one of the shares in the apartment is registered in the name of citizen Ivanov. Ivanov is married, but his wife’s name does not appear anywhere in relation to this apartment. If this share became the property of Ivanov after his marriage, then by law it belongs to him and his wife jointly, therefore, when dividing property, the spouse has the right to half of this share. It is assumed that all transactions with common property are made by mutual consent. If such consent has not been documented, then after the “nominal” owner has completed a transaction with the common property, the other spouse can challenge it and demand that the alienation be cancelled. And the loser will be the new owner. He will have to return the property. Taking this into account, a document on the consent of the other spouse, although not mandatory, is very desirable for the new owner (done or buyer).

Inheritance

Another circumstance that can lead to the acquisition of a share in an apartment is the receipt of an inheritance. The rules for entering into inheritance are provided for in a separate section 5 of the Civil Code.

You can receive a share in an inheritance either by will or by law.

It must be taken into account that when entering into an inheritance, you can not only become the happy owner of this or that property, but also take on material obligations, that is, debts and the necessary expenses for maintaining the property.

You must accept the inheritance no later than six months after its opening. At the same time, a citizen can refuse his share in the apartment and, within the same period, formalize a refusal of inheritance. In this case, it is worth remembering that refusal of part of the inheritance (only the share in the apartment) is impossible; you will have to refuse the inheritance in full.

In an application for refusal to accept by inheritance a share in an apartment for the purpose of transferring it to a specific person

Article 1158 of the Civil Code of the Russian Federation establishes that the share that a citizen renounces can pass either to a specific person among other heirs or be distributed equally between them.

You can refuse part of an apartment by way of inheritance without specifying the person in whose favor the refusal is being made

You can formalize the refusal by means of an application, presenting it personally to a notary or another person authorized to act on the opening of an inheritance. If visiting a notary seems problematic, for example, due to territorial remoteness, then you can use postal service or deliver the application to someone. It is important to notarize your signature on the refusal application.

If you, as an heir, intend to renounce your share in the apartment, keep in mind the following legal consequences of such refusal:

• refusal is a free expression of will that cannot be revoked. It will not be possible to return part of the apartment to ownership;
• If you renounce a share by way of inheritance, provided that you do not inherit other property besides this share, you are also released from any debts and obligations of the deceased.

If the share must be abandoned at the stage of its acquisition

It often happens that a person is destined for a part in an apartment, but for some reason he does not want to accept it. We are talking about inheriting housing for the deceased or about privatization. Let's consider these situations in more detail.

How to refuse inheritance

After the death of the testator, an inheritance case is opened. Within 6 months, the notary searches for all the property that was left after the person, as well as all heirs. Distribution occurs by law or by will. At the same time, the heirs have no obligation to accept the inheritance.

Refusal of a share of the inheritance is permitted only in writing. Ideally, visit a notary and draw up a waiver document with him. If this is not possible, you can send a refusal to the authorized notary by letter, but in this case, the signature of the heir must, in turn, be certified by a notary. Another way is to send your representative to the notary using a notarized power of attorney, which contains the right to refuse inheritance.

When refusing an inheritance, you need to remember the following:

1. It will not be possible to take back the refusal - if the heires refused, the property cannot be returned.
2. You cannot refuse your obligatory share in the inheritance.
3. It is possible to refuse either in favor of a specific heir or without regard to certain persons.
4. It is impossible to refuse in favor of a third party who is not an heir. To do this, you must first accept the inheritance and then sell or gift it to such a third party.

Attention. You can only accept or refuse an inheritance in full. It is impossible to partially receive one property and refuse another. The refusal form can be downloaded here. The form for renunciation of inheritance in favor of another heir can be downloaded here.

How to refuse to participate in privatization

It is quite simple to renounce a share in an apartment during privatization - you need to have the refusal certified by a notary, and then attach it to the privatization documents. The vacated part will either be equally redistributed between households, or, with the consent of the remaining owners, transferred to one of them.

Remember that a minor cannot refuse privatization on his own. This requires the consent of the guardianship and trusteeship authority.

Cancellation statements can be found here.

General rules for transactions entailing the relinquishment of a share in an apartment

Any action to relinquish property entails serious legal consequences, so for these transactions there are general requirements for registration, tax issues and respect for the interests of other persons.

Transaction certificate

Contacting a notary is an integral step in almost all real estate transactions.



When registering a waiver through sale or donation, the participation of a notary is required to certify the agreement. When renouncing a share in the inheritance, the corresponding application must be accepted by a notary.

Notary services for transactions involving the alienation of a share in an apartment consist of the notary fee and services for drawing up the document itself. You can save on the latter by preparing the transaction document yourself.

The size of the tariff depends on the value of the transaction and is half a percent of this amount.

The participation of a notary is necessary to verify the transactions carried out and documents drawn up for compliance with the law

Tax obligations of parties in transactions involving the alienation of property

Since transactions with shares in an apartment always entail an improvement in the property situation for one of the parties, they are subject to tax legislation. We are talking about paying personal income tax.

As a general rule, the tax rate is 13% of the transaction amount. For foreigners the rate is significantly higher - 30%.

Tax on the sale of a share in an apartment

The tax must be paid with some reservations if you give up your share in the apartment by selling it.

Legislators have shown a very flexible approach to the issue of payment or exemption from tax when selling part of an apartment. Let's consider various options.

There is no need to pay tax on:

• property acquired before January 1, 2021, with shares held for more than three years;
• real estate received after January 1, 2021 and held for more than three years, if ownership arose as a result of participation in privatization, a gift from loved ones, by inheritance or under a rental agreement.

The amount from the sale of a share is subject to taxation if:

• this share was received before January 1, 2021 and was owned for less than three years;
• if the share was received after January 1, 2021 and was held for less than 5 years (with the exception of the three-year rule described above for shares received in certain ways).

When determining the amount of tax, the seller has the opportunity to reduce his expenses using the rules of deduction determined in various ways (cost or property).