Educational program: where do shares in real estate come from and what to do with them?

CrimeaPRESS reports:

Almost anyone can become an owner of a share in real estate, even if they have never thought about it. And it’s not just about the fact that a room in a communal apartment will “fall” on him. There are many more reasons. Why shares appear most often, how to manage them correctly, what restrictions there are and why silence is not always golden — in the material of experts Federal Notary Chamber.

Apartments, houses, land plots or, for example, parking lots can be divided into parts and owned by several people at once for various reasons. This could be the division of inheritance or property of ex-spouses, privatization, the use of maternity capital to purchase housing, followed by the mandatory allocation of a share to each family member. It also happens that owners give real estate, for example, to two or three children or even non-relatives.

There was a case in practice: ex-spouses entered into an alimony agreement, according to which the man transferred his share in the apartment to the children. There were five of them, so each received 1/10 of the share. As a result, there are six owners per property, including my mother. Another example: a family bought real estate using maternal capital. After some time, a misfortune happened — the father of the family died. He did not leave a will, and according to the law, in addition to his wife and children, the man’s mother also became the heir. She received her “piece” of the apartment, which the widow could not come to terms with. Another situation: a woman, in her will, left half of the “one-room apartment” to her sister and half to her friend, connecting two unfamiliar people with a common living space.

Moreover, each owner of a share can do whatever he wants with it: sell, exchange, mortgage, give, and so on. However, it is important to remember here — as a general rule, transactions with shares must be certified by a notary. Since this is one of the most vulnerable segments, it is important to ensure the protection of the rights of all co-owners and third parties. In addition, if alienation for compensation is expected — sale, exchange, option, etc., other co-owners must first be notified. They have the right of first refusal.

Who should I notify and how should I notify it?

First, the notice must be in writing. Even if you discussed everything, came to an agreement and hugged in a common kitchen, this is not enough. All steps must be “recorded”.

Secondly, the notice should indicate all the essential terms of the transaction, including the cost. And a real one. If you offer the co-owners to buy out the share, conditionally, for two million, and then sell it for a million, the deal will not be approved. If a person is not trying to be cunning, but simply has not found a buyer for the first amount and is ready to reduce it, good, but he will have to send new notifications to the co-owners.

Thirdly, the notice must be transmitted to the addressees in an appropriate manner. If the co-owner denies in court that he received the notice, it is the seller of the share who will have to confirm to whom he sent what and to what address. For such a case, for example, a copy of the corresponding telegram issued by the post office may be suitable. However, it is safer to send legally significant messages through a notary. He will take into account all the content requirements, advise what to do if the notice is returned, and issue a certificate that can be presented in court if necessary.

It is assumed that the applicant himself indicates where to send notices to co-owners. However, he does not always have this information. A notary can tell you what to do if you do not know the actual place of residence of a person or even his name.

In some cases, it is possible to send a notice to the location of the common property. However, it is always better to transmit information to the address that the person indicated himself, or to the place where he is registered. In order to find out the registration address, a notary can make a request to various authorities, including the Ministry of Internal Affairs.

If one of the co-owners is a minor or incompetent, then the notice must be sent to his legal representative. In addition, the participation of guardianship and trusteeship authorities may be required. A notary will also help you understand these nuances.

Silence is a sign of refusal

Once you have correctly sent co-owner notifications, there are two options. The first is to wait a month (sometimes a little more). If during this time no one has shown themselves, you can sell the share “outside”. The second option, if time is limited, is to collect written waivers of the pre-emptive right from all co-owners. By the way, if the people you need live in other cities, they can make a refusal at any notary in their city. And “teleport” the document in a matter of minutes to a notary in your city. With such papers in hand, you don’t have to wait a month and make a transaction with a third party at any time.

You need to understand that the owners of other shares cannot simply prohibit you from selling your share. They either have to buy it back or accept that you are selling it to someone else. Even if the “neighbor” subsequently goes to court, he cannot demand that the transaction be declared invalid. It is only possible to transfer the rights and obligations of the buyer to him.

What if the co-owner who needs to be informed does not live according to registration and therefore did not see the notification? By law, a person is required to receive correspondence at the place of official registration. Typically, a message is considered delivered even if the addressee does not actually live at the specified address or simply avoids receiving letters. Although if you know the actual place of residence of the co-owner, it is safer to send him a notification there too.

What should you do if you are one of the owners and are worried that the other co-owner will not be able to warn you about the sale of his share? People who have shares in real estate can enter their current address and email into the Unified State Register of Real Estate. And also connect notifications through the Russian Post website. This way there will be very little chance of missing an important message.

There are situations when you do not need to warn co-shareholders in advance — if you are selling the share not to someone else, but to one of the co-owners. Or, when the share is given “outside,” but we are talking about a gratuitous transaction, for example, a gift.

There are also several exceptions, when the transaction with shares itself is not required by law to be certified by a notary. The most common is when all owners of shares sell them under one agreement. Although in this case, citizens can still contact a notary to receive qualified support and maximum security guarantees.

Agree among ourselves

Shared ownership between family members is quite natural. Although in certain situations, using or selling such real estate can be a labor-intensive process. It is even more difficult to resolve property issues if the relationship between co-owners is strained or conflicting.

Heirs have the opportunity to enter into an agreement on the division of inheritance property, so as not to “cut” it into shares. One receives an entire piece of real estate, and the second receives other property or money left over from the deceased. Or people can agree on how to use the property. Write down, for example, who lives in which room and other details.

If everything cannot be resolved peacefully, there remains the possibility of filing a lawsuit in court for a forced division of the inherited property. If the decision is positive, you may receive compensation.

Beats to micro beats

Until last September, the law did not limit the area of ​​shares. Apartments could legally be divided into almost square centimeters and transferred to different people.

Unscrupulous citizens took advantage of the fact that the owner of the share had the opportunity to register and live in the apartment. Micro-shares were transferred to black realtors, who moved into the residential premises and, through their active “unpleasant neighbourhood,” forced other residents to sell their shares on unfavorable terms for them. In addition to violating the rights of citizens, the presence of microshares complicated the participation of such housing in civil circulation. Putting together an object from hundreds of “pieces” in order, for example, to sell it, was sometimes an impossible task.

A year ago, amendments were made to the Housing Code that prohibited owners of housing and shares in residential premises from splitting them into parts of less than 6 square meters. This norm is aimed at combating “rubber” apartments and raider seizures of premises.

Now, if as a result of a transaction a share of less than 6 square meters appears, this is an automatic reason for refusing to perform a notarial act with shares.

However, there are exceptions: shares below the established threshold can still appear if the right of common shared ownership arises by force of law. For example, if housing was received by new owners by inheritance or during privatization.

Source: Federal Notary Chamber

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