It should be understood that the fact of having a share does not mean that a particular person has a certain number of specific meters or owns one or more rooms. A share is part of the right to own a home. And the civil code mentions the condition of ownership of real estate by two or more persons. In conditions of the sole owner of an entire apartment, there is no talk of shares.

Types of ownership:

• Equal. Distribution occurs equally between residents (the number of square meters is divided by the number of owners). For example, a house measuring 40 sq. m. will be divided into 10 sq. m. m., if there are 4 owners in the apartment.
• Proportional. The division occurs in accordance with the actual ownership of real estate. In this case, residents have different rights - one may have more, another may have less. Shares for the owners in an apartment of 40 square meters. m. can be, for example, for the first - 10, for the second - 6, for the third - 6, for the fourth - 18 sq. m. m. Or in any other way, here the distribution may not be uniform.

The regulation of ownership of housing or a share in it is established by the Civil Code of the Russian Federation. And the tax is established in accordance with the provisions of the Tax Code of the Russian Federation and is calculated by multiplying the tax rate (currently it is 13%) by the amount in which the housing is assessed.

The law states that a citizen not only has rights, but also responsibilities. Under responsibilities we are talking about taxation. For different types of investment, the tax amount is calculated differently.

There are two types of pricing:

• If one person owns a home, the tax is calculated based on the tax rate on the value of the home.
• If the property is divided into shares, the amount will consist of a tax on the value of the part owned by the resident and a tax.

A citizen has the right to dispose of his property at his own discretion. Regarding shares, there are cases in which people want to donate or give away some part of their share. At the same time, the resident has no desire to check out or leave the house. Here the law clearly states that such an owner has the right to give away part of the share, while retaining part of the rights for himself. The most common example is to register one of your relatives.

From 2021, meter sizes have been established. 10 sq. m. you will have to give it away, and keep at least 6 for yourself. Although exactly how much to keep for yourself is not fixed anywhere. The most important condition is that if you are going to give away or sell a share, then it must be at least 10 square meters. m.

The minimum share of housing that can be sold is given:

• 1/3 of the apartment, ranging in size from 30 to 60 sq. m.;
• 1/10 if the footage is from 60 to 120 sq. m.;
• 1/15 if the apartment is more than 120 sq. m. m.

4 ways to quickly buy a share in an apartment: step-by-step instructions

When certifying any transactions, a notary is usually involved. From August 1, 2021, you can make legal transactions without contacting a specialist. These transaction options include:

1. Homes are sold by homeowners. In the case where the apartment belongs to one owner, the act of purchase and sale can be completed by drawing up an agreement in writing.
2. Sales are carried out by shares. Here, too, a written agreement between the two parties is sufficient, after which the document will be legal.
3. Notarization is also canceled when making transactions that relate to the property of a mutual investment fund. For example, operations for the sale, purchase, allocation of land shares, in the presence of documents confirming the transfer of ownership of residential premises.

Simplification of the procedure for alienation of shares does not apply to cases where certain categories of citizens participate in transactions.

You will have to contact the services of a notary if:

1. There are minor children among the homeowners. You can’t just sell or buy a share. Minor children are legally classified as incompetent citizens, so you cannot do without a lawyer. Incapacity here is determined by age - until he or she reaches 14 years of age.
2. Among the owners there are persons recognized as incompetent. Here, a person who does not realize and cannot bear responsibility for his actions is recognized as incompetent. The reason for declaring a citizen incompetent is mental illness.

This clause applies only to situations in which an act of sale is being completed. When purchasing home ownership, you can complete the transaction without contacting a lawyer.

You will also have to contact a notary if the sale, purchase, donation and other types of transfer of property occur without the participation of all shareholders. In order for the transaction to be valid, in addition to notarization, you are faced with the need to inform the remaining shareholders and indicate the terms of the transaction, and this will need to be done in writing.

The article provides detailed information about the law and the rights of citizens, but special cases should be considered more specifically. If any questions require answers or you need the help of specialists, you can contact the Sherlock information and legal portal, where our lawyers will provide qualified assistance.

Apartments can belong to the family in shares for various reasons - during inheritance, after privatization or purchase using maternity capital. After a divorce, spouses divide jointly acquired property, determining the size of their share. The owner can donate part of his living space to any other person, including relatives and friends.

Depending on the readiness of both parties for the transaction, a distinction is made between voluntary redemption of a share and forced sale of a small part in the living space.

When concluding a purchase and sale agreement with a close relative, you should remember the parties’ responsibility for substitution when the compensated transaction turned out to be fictitious. It is precisely doubts about the remuneration of the transaction that often force lenders to refuse a borrower’s mortgage application, and the Pension Fund to reject requests for the use of maternal capital.

When both parties to the transaction agree to the terms of the sale and purchase, it is not difficult to formalize the transfer of rights. The main thing is that the pre-emptive right of the remaining owners to buy out a part is respected.

The seller must first offer his part of the property to other homeowners, and only then, when none of the owners express a desire to buy this part, can a purchase agreement be drawn up with a third party.

If the remaining owners do not want to buy a part in the property, you can prepare a purchase and sale agreement with a relative with the obligatory inclusion of the following details:

• Place and date of compilation;
• Information about the seller and buyer;
• Description of the alienated property (address, floor, apartment, area);
• Composition of shared ownership;
• Information about title documents;
• Transfer of advance payment or deposit;
• Payment terms;
• Acceptance certificate;
• Dispute resolution;
• Signatures with transcript.

The agreement is drawn up in 3 copies. One each for the seller and buyer, plus one more original for Rosreestr.

The signed agreement is certified by a notary and the change in ownership is submitted for registration. A transaction involving the alienation of one or more shares must be certified by a notary. The exception is situations when all owners simultaneously want to sell their shares under a single purchase and sale agreement.

After signing the contract, settlements are made with the seller in a pre-agreed manner.

To avoid problems with registering a transaction, it is strongly recommended to check the documentation for the property and the parties to the transaction in advance.

Standard list of documents required by Rosreestr:

1. Civil passports of the parties to the transaction.
2. A prepared and signed agreement with a note about certification by a notary.
3. Extract from the Unified State Register or certificate of ownership.
4. Contract of sale.
5. Permission from the guardianship authorities if the property of a child or incapacitated person is sold.

Additionally, you may need personal documents of a guardian, legal representative, and a power of attorney (upon request).

In addition to the documents for the transaction, a receipt for payment of the state duty is presented to register changes in ownership of the share.

The list of attached documents is determined depending on the situation. Usually the following are appendices to the claim:

• Plaintiff's passport;
• Extract from the Unified State Register or certificate of ownership;
• Written offer to buy;
• Technical documentation for the facility;
• Expert opinion on the impossibility of allocation in kind;
• Other evidence of the legality of the plaintiff’s claims;
• Receipt for payment of duty.

The prepared package of documents is handed over in person through the court office, or sent by mail with a list of attachments.

Having received the applicant's claim, the judge decides on further consideration. If the claim is drawn up correctly and a competent argument is given, a court hearing is scheduled with the invitation of both parties.

During the hearing, the court hears the parties. If necessary, an additional examination is carried out to determine the impossibility of allocating a share in kind and the value of the object.

After the court makes a decision, you should wait for it to come into force, or appeal the decision to a higher organization.

Having received a court decision that has entered into force, the property should be re-registered. Rosreestr prepares a package of documents and pays the registration fee. You can submit documents:

• Directly to Rosreestr;
• Through the MFC branch;
• Through a notary.

After the due date, they receive an extract confirming the transfer of ownership to a relative.

Instructions for owners on selling their share in an apartment in 2021

The bill is aimed against so-called raiders who register ownership of micro-shares and then survive the current owners. There are cases when people were left homeless or were looking for money to buy out microshares. The introduction of amendments should limit fraudulent schemes.

The initiative was submitted for discussion to the State Duma on December 21, 2017. The bill has already passed the first reading and amendments are being prepared. However, it is too early to talk about its application - as of the first half of 2021, it has not yet entered into legal force . However, courts use some of the sentences when making their verdicts.

The main essence of the law on microshares:

• a ban on their sale to strangers;
• restriction in registration (registration) if the share does not correspond to the minimum housing standard per person (from 8 to 15 m²);
• a ban on moving into an apartment if the owner’s share is less than the accounting norm (footage).

An exception would be the splitting of an apartment into microshares as a result of privatization or inheritance.

The problem is that there are 5 grandchildren. If the inheritance opens, the room will be divided among all the grandchildren.

Each of them will receive 1/5 of the share, i.e. microlobe.

According to the new law, such a division does not pose any problems, since there is a family connection.

However, the buyer is not a family member and is not listed as a relative of any of the occupants. If previously it was possible to purchase a third ¼ share and take possession of 1/12 of the housing, the new law will limit such fragmentation.

Purchasing housing using maternity capital requires allocating shares to mom, dad and children. It is important to ensure comfortable living in the apartment. Therefore, the law has a clear requirement to allocate children a share that corresponds to the minimum living standard.

Parents may not allocate equal percentages to themselves and their children. It is rational to calculate the size of shares in proportion to the amount of capital. See what part of the monthly rent was spent on buying an apartment. From here you can secure the children's and adult parts in the living space and conclude an agreement on determining the shares.

Not everyone wants to own a share and live in an apartment at the same time. There are people who would be satisfied with registration at the place of registration of property rights. For example, to register for school, kindergarten, employment, receive medical and social assistance, and apply for a pension.

However, more and more courts are refusing to allow plaintiffs to register for meager shares . Explanation: the latter do not correspond to the minimum housing standard per person.

Our family wants to buy a share in an apartment for the purpose of registration in it. Tell me, what should be the minimum size of this share? One seller offers us 3 m², and the second one offers us 1 m². Can the local Federal Migration Service refuse registration in such an area, and are there any standards at all?

It is recommended to buy shares that can be represented as isolated premises. If you buy such a room, there will definitely be no problems with registration.

Focus not on the “squares”, but not on the actual living space. Thus, you will avoid the risk that the remaining co-owners will buy out your meager portion.

Is it possible to rent out a minimum share of an apartment?

If the size meets the requirements of the Housing Code of the Russian Federation, there will be no problems with renting out. The main condition is isolation of the living space . For example, it could be a living room: living room, bedroom, etc.

Read more about all the issues with rent in the article “Renting out a share in an apartment without the consent of the owners.”

So, we figured out that the minimum share corresponds to the accounting housing area per person. It remains to figure out how to carry out arithmetic calculations of fractions.

Zhn – housing standard in accordance with the Housing Code of the Russian Federation (example: ⅓ part of 30 m²).

We have an apartment with a total area of ​​80 m². Let's determine the share that allows you to both live and register in the living space:

80 m² from 1/10 of the permissible norm, i.e. 80 / 10 = 8 m² per person.

Official website of the Supreme Court of the Russian Federation

Some of the most complex civil disputes in our courts are disputes between owners of shares in an apartment. It is not precisely calculated how many such owners of shares in apartments there are in our country, but it is known that their number runs into hundreds of thousands and is constantly growing.

This growth occurs most often due to the division of apartments between several heirs, during divorces, or when square meters are simply donated. As a result, one apartment ends up with several owners, often complete strangers to each other. Some of them live in such an apartment, while others have such a share that you can’t live in it. It’s rare that one of these co-owners manages to reach an amicable agreement and sell a share that cannot be lived on by someone who already lives in the apartment.

Therefore, the explanations of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation about the conditions under which the owner of the majority of an apartment can forcibly buy out their insignificant share from other owners can help many citizens.

Our story began in an ordinary city apartment, where a couple and their little daughter lived. This three-room apartment was at one time privatized equally between the man and his mother. Later, the mother sold her share. My son, wife and child were left with half a ruble. But in fact they occupied two isolated rooms. The other half of the apartment turned out to be the property of a certain citizen who bought this half. He did not plan to live in the apartment and, through gift agreements, sold his part “piece by piece” to three different citizens. As soon as the family living in the apartment became aware of this “gift,” they began to ask the new neighbors to sell them their meters. But it was not possible to agree on a price.

Then the family went to the district court with a lawsuit, in which they asked to recognize the shares of the new co-owners as insignificant, terminate their ownership rights, and pay them the market value of the shares.

The district court simply turned the family down. Then they stubbornly moved on. The city court considered that the plaintiffs' demands were justified and granted the claim. The appeal concluded that the share of each of the defendants is insignificant; it is impossible to provide them with isolated living quarters commensurate with their share. The parties failed to agree on the right to use the apartment. At the same time, the defendants are not registered there, they live in another place, and they own another living space. And all of the above is enough to satisfy the requirements of a family with a child.

Then the new owners tried to challenge the city court's decision. In the Supreme Court of the Russian Federation. There they insisted: they needed an apartment, and the value of the share presented by the appraiser was underestimated. True, for some reason they did not ask for an examination.

But the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation sided with the appeal, considering its position correct. The Supreme Court recalled Article 252 of the Civil Code, which explains when the owner of a small share can be forced to sell it at market value, without his consent.

But which share is considered insignificant? One that in reality cannot be distinguished. And also - if the owner is not interested in using the common property. Whether the owner needs his share or not is decided on a case-by-case basis, the Judicial Collegium for Civil Cases said. But the age of the person in question, his state of health, profession, whether he has children and many other circumstances are taken into account.

If the share of the apartment cannot be made into a separate room, it is considered insignificant

The Supreme Court explained what the lack of interest in the use of housing by the owner of a small share looks like. This is information about the availability of other real estate (confirmed by an extract from the Unified State Register of Real Estate). We also need information that the owner of the share has never lived in the disputed apartment. It is necessary to provide the court with documents that the main owners bear the full cost of maintaining the apartment. The degree of relationship is also important. The possibility of allocating a share in kind is assessed based on the total area of ​​the disputed object, the number of rooms and the possibility of allocating an isolated room. The claim of the co-owners can be satisfied only if the share of the “extra” neighbor is so small that it cannot be allocated to a separate premises.

This year a law appeared that share owners should be aware of. We're talking about microshares. A share in an apartment, according to this law, can now only be sold if its footage meets the established standard. Previously, you could sell even half a meter, but now it is prohibited.

The possibility of conducting transactions with microshares has given rise to a lot of fraudulent schemes. A special law had to be developed. According to it, a share in the common ownership of an apartment can be formed and alienated only if its final size allows the owner to move into the premises and live in it. If the share is less than this norm, the sale transaction will not be possible. The value of the norm is established separately by the authorities of each region of the Russian Federation.

Text: Natalia Kozlova

Selling and donating shared ownership in 2021

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

1. via the form (below), or via online chat
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The innovation will allow participants in common shared ownership, who make a mutual decision to complete a transaction, to reduce time and financial costs when alienating and mortgaging property.

The property sales tax, or rather its current amount, directly depends on the amount of the transaction, on the registration procedure, as well as on the total period of ownership of the property. The main type of tax collection is the withholding of a certain amount from the income of individuals. The classic rate for operations of this kind is 13%.

If they do not want to buy out the share, the size of the part of the residential premises belonging to a specific owner is determined.

By the way, you might be interested in how to convert non-residential premises into residential ones and properly register the housing?

The main problem is the increasing cost of services. Previously, before the adoption of the law, to conclude a transaction it was enough to draw up a purchase and sale agreement for an apartment or house. But with the advent of amendments to the bill, persons participating in the transaction must now pay a fee for notary services.

Starting from 2021, non-residents may not pay personal income tax when selling property that they have owned for more than the minimum established period. If the apartment was owned for less than the established period, the sales tax will be 13%, regardless of residence.

To determine the specific part of the apartment that belongs to a person, you can carry out the procedure for allocating a share. The main requirement is that all other homeowners must be informed about this.

In December 2021, the State Duma of the Russian Federation approved amendments to the tax code, according to which non-residents who sell property in Russia may not pay sales tax.

In this case, you need to wait a month. After this period, the ransom is automatically rejected, even if there is no response.

It should be noted that if the owner’s share in the apartment is less than the size established by law, then he will not have the right to fully dispose of it, but can be registered on the territory of the given residential premises. That is, he will not be able to sell or give it away, but he has the right to use it for the purposes of residence and permanent registration.

The notary is responsible for ensuring that fraudulent schemes and situations where one of the parties is infringed on in rights or interests are excluded from the process. The Home Shared Ownership Act increases stricter controls on such transactions involving minors. One of the measures is the mandatory provision of notarization.

There is a restriction on the owner’s right to move in “third parties” if, as a result, each person ends up with less than the accounting norm for the area of ​​the residential premises. One of the amendments introduced after the first reading states that moving into a share less than the norm is allowed only in certain cases, for example, by court, or if it is a child or parents of the owner.

Housing issues can become a real problem for a homeowner. Especially when it comes to selling a share in an apartment. Situations when such a need arises happen very often. The reason may be the divorce of a married couple or the inheritance of a share, as well as an urgent need for a large amount of money.

The possibility of carrying out such transactions led to the formation of a number of fraudulent schemes, in particular those related to the acquisition of several small shares in one premises for the purpose of the further survival of its real owners. In a word, the result of allowing the sale of microshares was numerous scams and deceptions of ordinary citizens.

The above reasons led to the creation of a bill banning the alienation of micro-shares, which was submitted for consideration back in December 2017. But already in June, a new law on the sale of shares in an apartment was approved.

Other aspects are the procedure for registering property rights, taxation, etc. - the same as when selling an entire apartment.

The most important point that determines whether a pensioner needs to pay tax when selling an apartment is the minimum period during which the citizen owned this property. According to current legislation, for housing purchased before 2021, this period is 3 years, for apartments purchased from 2021 - five years.

The apartment was bought for 6 million rubles three years ago. In 2021, it was sold for 8 million rubles. The income in this case will be 2 million rubles, of which tax will be calculated.

Terms of ownership of an apartment in order not to pay tax on the sale:

• 3 years - if purchased before 2021;
• 5 years - if purchased from January 1, 2016;

In addition, the exception will also apply to cases where the right of common shared ownership arises for legal reasons. If adopted, the law will come into force on the day of its official publication.

Often, when selling such an apartment, owners face some difficulties. For example, there may be no papers confirming the initial purchase price of the home. In this case, it is impossible to provide the relevant papers to the tax officer and receive a discount in the amount of expenses incurred.

The project provides for the execution of transactions with the involvement of a notary. Without his services, it is impossible to sell a share of real estate. This was done in order to avoid illegal sales schemes.

Laws

Share in an apartment – ​​laws.

Federal Law of June 2, 2021 N 172-FZ “On Amendments to Certain Legislative Acts of the Russian Federation”

New amendments have been made to Russian legislation regulating the registration of rights to real estate in the form of shared ownership and transactions with it. The presence of such property as a share in an apartment and the possibility of disposal and use without violating the law, sometimes even criminally, in recent years has caused a lot of active conversations not only in the media but also in the State Duma.

Transactions with shares and the further fate of common property increasingly began to have a criminal connotation. A share in an apartment , due to its attractiveness as an investment, often becomes an object of income for dishonest people. Black realtors, would-be lawyers, and sometimes even criminal groups begin a real hunt for shares in apartments. The legislator purposefully took on the solution of the current problem. The State Duma has adopted several laws and amendments to previously existing laws regarding shared ownership, according to which the purchase and sale of shares in apartments and any other type of alienation of shared ownership is possible only with the mandatory participation of a notary.

This activity of the legislative authorities has caused quite a bit of discussion. Thus, Pavel Krasheninnikov called such a legislative initiative “unpromising.” The LDPR faction, citing world experience which, in their opinion, will help avoid the current situation around shares in apartments, submitted to the State Duma a bill providing for the mandatory sale of inherited property if there is

two or more owners. According to the proposed amendments to the Civil Code of the Russian Federation, in the event that inherited property or property arising as a result of inheritance ends up in the hands of several owners who, within six months, cannot come to an agreement regarding shared ownership or determine the sole owner

owner, then the property must be sold compulsorily and compulsorily, with the participation of a notary through an auction. The amount received from the sale of shared ownership will be divided between the owners in proportion to their shares.

It is important that the new law on shares expands the range of powers of notaries. Now a notary is one of the obligatory participants in the transaction of purchase and sale of a share in an apartment , if such a transaction is made with third parties who are not participants in the common property. It is assumed that the notary will ensure legality when concluding an agreement on the alienation of a share in an apartment , and will also not allow a transaction to be completed with an obviously criminal element. The mandatory participation of a notary in transactions related to the purchase and sale of a share in an apartment will have a positive impact on compliance with the rule of law, including strict control over compliance with civil rights provided for in Art. 250. Civil Code of the Russian Federation.

Today, buying a share of an apartment in Moscow is a reliable way to invest money. And also, taking into account the high cost of real estate in the capital, buying a share in an apartment is one of the most affordable ways to buy your own home for many segments of the population. Young families, students, people who came to earn money and many others who were tired of throwing away money on rent and decided not only to buy property in Moscow but also to legalize, having received official registration at the place of residence (propiska) and also to receive the full Moskvich social package, pension , healthcare, customs and much more are a huge bonus for those who decide to buy a share in an apartment.

The demand for shares in apartments is very high and due to this situation, real scammers began to appear on the shared real estate market. Not only those wishing to buy a share in an apartment, but also the sellers of the shares themselves often become their victims. Involving a notary in transactions with shares guarantees the exclusion of such situations. During its existence, the notary has shown the ability to restore order and become a guarantor of compliance with the rule of law.

In connection with the emergence of a new obligatory participant in a transaction for the purchase and sale of a share in an apartment, the question arose: “How much will the services of a notary cost?” It is a mistake to believe that the mandatory participation of a notary will be free. The cost of notary services will generally vary from 15 to 50 thousand, depending on the established cost of the apartment.

The established notary fee for activities related to the preparation and registration of purchase and sale agreements and agreements for the donation of a share in an apartment also has its own beneficial aspects.

The notary provides a one-window mode.

there is no need to obtain an extract from the cadastre and EDGP.

The period for state registration is reduced to 3 days.

it is possible to use the notary's deposit to make settlements between the parties.

To summarize, it is necessary to conclude that the legislator continues to actively resolve important problems of society associated with such a complex type of real estate as a share in an apartment . It should also be noted that the activities of legislative bodies are aimed at creating favorable conditions when making such significant transactions as the purchase and sale of a share of an apartment, the donation of a share in an apartment.

How to buy a share in an apartment from a relative: step-by-step instructions

Most of the innovations will concern motorists and property owners. Changes will also await working pensioners. In Russia, the procedure for conducting real estate transactions for owners with equity participation is being simplified. Now such transactions do not need to be certified by a notary if all share owners agree to draw up a simple agreement. However, the legislation provides exceptions to this rule. Thus, transactions for the alienation of real estate or shares in the right to it belonging to incapacitated and minor owners are still subject to mandatory certification by notaries.

In addition, if as a result of the transaction the share of only one owner is alienated, then notarization will be required. And if at least one share owner opposes drawing up the agreement in simple written form, then you will still have to contact a notary. The same law allows legal spouses to register joint ownership of an apartment, house, land plot, room or share in the right to these real estate objects in simple written form.

Most of the innovations will concern motorists and property owners. Changes will also await working pensioners. In Russia, the procedure for conducting real estate transactions for owners with equity participation is being simplified.

A few square meters in an apartment is not a reason to move in. The Supreme Court put an end to the dispute between homeowners and owners of so-called microshares. Conflicts on this basis arose regularly. The raiders turned people's lives into a nightmare.

Shared ownership in real estate is not a simple matter at all. For example, according to the law, if there are two owners of an apartment, and one of them decided to sell his part, then the second owner has the priority right to purchase. But what to do if we are not talking about a purchase and sale, but, for example, about a gift, or an unbearable loan secured by real estate? The co-owner can only find out about what happened when they knock loudly, sometimes even with a sledgehammer. Burglary of an apartment in front of the owners. Residents are pushed away from the door and the lock is knocked out with a hammer. The Ivakin family was able to repulse this attack, but they are waiting with fear for the next one.

The purchase and sale transaction is formalized in writing in the form of an agreement. You can draw up the document yourself or contact a notary. The service is paid and depends on the tariffs of the official.

The contract must include the following information:

• information about the seller and buyer;
• location of the property and its technical characteristics;
• details of the document confirming ownership;
• transaction value;
• information about the absence of encumbrances on real estate;
• calculation procedure;
• refusal of other owners to purchase a share.

Minimum ownership share in an apartment

The minimum share of ownership in housing is a small part of the property that can be sold, in which you can register, and so on. At the time of writing this article, there is no strict understanding in the legislation of the size of such a share, however, a certain judicial practice has already developed, which is usually followed to resolve disputes. In addition, a new law may be adopted in the near future, which will precisely describe what size of share can be considered the minimum.

How to sell a share in an apartment in 2021?

Kinship is a group of people (most often a family) who have a common ancestor and are related by blood, that is, they share DNA.

According to the law, several stages are distinguished depending on the “remoteness”:

1. parents and their children (step and adopted children too);
2. parents of parents in relation to children (grandparents and grandchildren, brothers and sisters);
3. uncles and aunts to nephews and nieces;
4. great-grandparents;
5. closest cousins;
6. cousins, aunts and grandchildren.

Distant relatives in a second cousin are too weak a connection.

You can prove your connection with the above-mentioned people by providing the necessary documents (passport, marriage certificate, child birth certificate), testimony of witnesses, certificates from your place of work, or through DNA testing (more often this method is used only for the first degree of relationship).

It is impossible to sell the share to the co-owners of the apartment without prior notification - the right to transfer rights to the property will simply not be officially registered.

Therefore, it is fundamentally important to communicate your intentions in writing and obtain consent in a similar format.

Otherwise, later the owners of the other share of the apartment may challenge the concluded agreement, and you will not be able to prove the fact that they previously had a different opinion.

When concluding a transaction, you will have to pay tax, which is equal to 13% of the total amount.

Although in certain situations it can be reduced (deductions) or canceled altogether.

IMPORTANT. The fixed deduction for the sale of an apartment is 1 million rubles. For shares, it decreases in proportion to the size (if we are talking about ½ of the area of ​​the apartment, then it will be 500 thousand rubles). It is calculated using a simple formula: a deduction corresponding to its volume is subtracted from the indicated cost, and then the resulting amount is multiplied by 0.13.

There are 3 ways to renounce a share in privatized real estate:

1. At your own request (but not for anyone else’s benefit and losing the opportunity to receive part of the living space in the future).
2. Donation (you need to renew your technical certificate and contact a notary to get permission).
3. Sale (a request should be sent to other owners to obtain their consent to a future transaction).

Refusal from organizations can only occur if the required documents are missing that confirm the rights to own part of the apartment.

The use of state support programs during such transactions is not limited by law.

But when purchasing a share using maternity capital, there are a number of comments:

• It is prohibited to purchase housing from close relatives (with distant family members, the possibility of concluding a transaction is considered individually);
• minor children cannot participate in the contract;
• the purchased property must be divided among all members.

FOR YOUR INFORMATION. An elementary way to use maternity capital is to purchase a share of an apartment in ownership only by the certificate holder. But at the same time, he is obliged to allocate personal parts to all minor children within 6 months.

A situation often arises when people turn to banks for help to approve mortgage loans.

Today, such organizations often do not pay attention to the relationship between the seller of an apartment and its buyer.

And the rate coefficient remains the same – 8-9%.

We can conclude that buying a share of an apartment from relatives is profitable and the safest for the buyer .

In addition to the lengthy collection and notarization of documents, the disadvantages of the procedure include a tax deduction, which implies quite significant financial expenses.

Otherwise, the agreement has virtually no pitfalls and is an easy way to transfer the rights to own a home to a loved one.