Shared ownership: how to use and dispose of such housing. Renting shared ownership Renting out a shared apartment


The demand for real estate makes it possible to use apartments for rent to third parties. The owner receives income, and the tenants receive temporary living space with all amenities. However, if we talk about shared ownership, the owner is somewhat limited in rights. The interests of all shareholders will have to be taken into account, otherwise the case will go to court.

Is it really impossible to rent out a share in an apartment? What to do if other owners create obstacles, threaten to evict tenants and do not allow them to dispose of the legal part of the housing? There is no need to despair, but it is better to decide how to act in such a situation. Our article is devoted to answering this question.

Is it possible to rent out a share in an apartment without the consent of the second owner?

The likelihood of renting, or more precisely, renting a residential premises, if the second co-owner does not agree in the usual way, is small. However, there are chances and they should be discussed in more detail.

The bottom line is that common shared ownership of an apartment presupposes joint decisions on issues of ownership, use and disposal of property (Clause 1, Article 247 of the Civil Code of the Russian Federation). So, unfortunately, it won’t be possible to bypass the order. Even if one of the co-owners is against renting, we'll have to act differently.

The reasons for refusal can be very different. Not all people like to share housing with strangers. You need to understand that common property includes not only residential, but also non-residential premises: corridor, bathroom, kitchen, toilet. And if household members get used to sharing housing, then inconvenience may arise when strangers move in.

How can you rent out a share in an apartment even without the consent of the shareholder:

In fact, you become the owner of the room. Let’s say right away that the process is not easy, financially expensive and long. It is not always technically possible, but only for a 3-room apartment or private house. Most likely, it will not be possible without monetary compensation, but you can create a separate room and rent it out without the consent of the shareholders.

  • and rental

The first thing you need to determine is who owns this or that room. Immediately agree to rent the entire apartment or part of the property (room). The income can be divided equally, and there is a chance that the second owner will agree. Assure that the tenants will be able to use the non-residential space on a schedule - perhaps this will reassure the second owner and he will change his decision.

  • File a claim to determine the procedure for using housing

The most extreme option if peaceful attempts to resolve the issue have already been exhausted. You will need to file a claim, prepare a version of the division of living space and defend your position in the city court.

A court decision does not guarantee rental without taking into account the opinions of co-owners.

The best option if the second owner disagrees is to allocate a share in kind, i.e. imagine it as a room in a spacious apartment (see “”).

Question:

Hello! Please tell me, can I rent out ⅔ shares? Two other owners live in the apartment with me. They each own 1/6 of the apartment, and both are against renting. Do I need to get their consent or not?

Lawyer's answer:

Hello!

Regardless of the size of the share, it is necessary to obtain the consent of the remaining co-owners. If you sent them notices, but they are against renting a residential premises, the transaction will not take place. Even if you rent out the room, the co-owners can go to court and declare the rental agreement void - the deal will be cancelled.

How to rent out a share in an apartment without the consent of the owners

Let's imagine that you decide to rent out your share in the apartment, but you cannot get consent from the second owner. The most correct thing in such a situation is to represent the share in the form separate room. Having completed the allotment in kind, you will be able to dispose of part of the housing without taking into account the opinions of the co-owners.

Procedure

  1. Notify all shareholders about the allocation of shares in kind.
  2. Decide on the size of the room + compensation for excess/decrease in square meters.
  3. Draw it up and have it certified by a notary (an alternative is to secede in court).
  4. Place advertisements for the rental of part of the housing (newspapers, the Internet, word of mouth, realtors).
  5. Show the property to future tenants.
  6. Decide on the tenants, draw up a rental agreement for residential premises (rooms).
  7. Agree on the amount of rent and how it will be transferred.
  8. Check in the tenants, record the latest meter readings, hand over the keys to the room.
  9. Notify the tax office about renting out your home.

Documentation

Let us dwell on the list of documents that are needed when concluding a lease agreement.

Prepare:

  • passport + copy;
  • 2 copies of the rental agreement for residential premises (rooms) - for yourself and for the tenants;
  • a copy of the certificate of ownership or an extract from the Unified State Register of Real Estate;
  • one of the title documents - a privatization agreement, a certificate of inheritance, etc.;
  • archival extract from the house register - about the residents;
  • consent of the husband/wife if the room belongs to both spouses (see “ “).

New residents present only passports + copies.

Together with the tenants, you will have to fill out a rental agreement. One copy will remain with the lessor, and the second will be given to the tenants (tenants).

Sample agreement for renting a share in an apartment (room)

If you have not contacted a realtor, the process of preparing a lease agreement falls on your shoulders. We recommend using our sample as a basis, and you can print the form on your computer. There is no point in writing out the clauses of the contract manually - typos, blots and illegible handwriting may not work in your favor.

  • date and place of signing;
  • information about residential premises - the exact address, cadastral number, information from title and other documents;
  • size and number of rooms, proportion of residential and non-residential space;
  • rights and obligations of the parties;
  • information about the absence of encumbrances on housing;
  • nuances of rental and utility payments: date, amount, method of transferring money, liability for failure to fulfill the contract;
  • Owner's full name, passport details, contact phone number;
  • Full name of the employer (tenant), information and contacts;
  • Below is the room acceptance certificate.

Deadlines

The answer regarding the timing depends on the chosen method of separating the share. A pre-trial, peaceful resolution of the issue with shareholders will take 2-3 months. Legal proceedings, including examinations and appeals, can last up to 4-6 months.

The rental period for the share depends on the search for tenants. If you find tenants within 24 hours, it is best to sign the contract on the day you move in. This way, you will rent out the room and be able to receive payment as early as next month.

Cost, expenses, taxes

Lease relationships are based on financial calculations. The owner must notify tenants of two types of payments:

  • rent – payment for the use of part of the housing (room);
  • communal payments– monthly payment according to receipts from the housing office or HOA.

The costs are borne by the tenants, since they move into the apartment under a rental agreement. Standard payment: rent + utilities.


Expert opinion

Alexey Petrushin

Lawyer. Specialization: family and housing law.

Lessor, i.e. The owner bears the cost of paying taxes for renting out the room. The tax rate depends on the amount of income and is 13% of the amount received(Clause 1 of Article 224 of the Tax Code of the Russian Federation). Please note that only rent payments are considered to be the landlord's profit. Utility payments go towards paying for the services of the housing organization in the house.

The owner of the rented room must fill out a declaration in form 3-NDFL, and then send it to the tax service. The deadline for submitting data to the Federal Tax Service is no later than April 30 of the following year. After the tax has been calculated, the citizen pays it in any convenient way: at the bank, online, through a terminal, at the post office. The deadline for making payment is until July 15 of the current year.

Features of renting a share in an apartment

Every day, lawyers answer questions about renting a share in an apartment. Our citizens are interested in various situations, ranging from conflicts with co-owners to tax calculations. Let's focus on the most relevant ones.

The nuances of renting out a share:

  1. The main condition for the type of room is suitability for human habitation. It will not be possible to rent out rooms in dilapidated buildings, and there are unlikely to be anyone willing to do so.
  2. The size of the living space should be more than 12 m²– housing standard per person (Article 50 of the Housing Code of the Russian Federation).
  3. The area of ​​the room may not coincide with the size of the share according to the title documents. Usually in such cases the owner larger area pays compensation to another owner:

For example, Ivanov has a ¼ share in an apartment, which is equal to 23 m² - when allocating a share in kind, he occupied the living room at the rate of 27 m² - Ivanov must pay compensation to Petrov for exceeding his share of 4 m².

  1. Renting out a share in an apartment without the permission of the other owner leads to cancellation of the rental agreement. The victim has the right to file a claim to have the lease agreement declared void.
  2. The legal owner of a room in a “communal apartment” has the right to rent it out without the consent of the other residents. However, you will have to determine the procedure for using the corridor, kitchen, toilet, bathroom and others. non-residential premises. Typically, the current operating procedure for communal housing is maintained.

So, it will not be possible to rent out an indefinite share. It is necessary to highlight it in nature and present it in the form of a room. Following this, the owner can look for tenants and move them into the premises. In this case, the consent of other co-owners is not required. However, if the share is not allocated in kind, hiring without the consent of the shareholders is impossible.

How to rent out a room correctly and what is needed for this? There are two ways to solve this problem:

  1. Contact a trusted real estate office. People who are familiar with office work, law and marketing usually work there. They will competently draw up and place an advertisement, find tenants, and coordinate all legal and financial issues. All you have to do is pay their services and tax to the state.
  2. The second way is less expensive, but more troublesome - do everything on one's own. But there may be mistakes along the way. You will learn how to avoid them in this article.

How to draw up an agreement to rent out a room? And is it possible to rent out a share in real estate?

Renting living space— provision of residential premises for temporary residence for a period of up to 5 years. If the employment agreement does not specify a validity period, then it is valid for 5 years by default.

An agreement on the rental of residential space is not subject to state registration, but at the request of the parties it can be certified by a notary. Although, for this agreement to have legal force, the signatures of the parties and two witnesses are sufficient.

Forms for drawing up the documents described above can be found on the Internet and printed on a printer in A4 format. The contract and other papers may be printed on computer, and also be compiled in handwritten form, but then they must be written in neat and easy-to-read handwriting in at least two copies. official notice of termination of the agreement three months before this break, if the period for such notice is not specified in the paragraphs.

Specified notice period for termination of agreement is the main and must be respected. You can find out about and in what cases it may be required on our website.

Breaking the contract at the initiative of the lessor usually occurs due to non-compliance with the terms of the agreement by the employer. The contract is terminated at the initiative of the tenant if the landlord violates the terms, or if the tenant decides to change his place of residence.

Private termination does not require any special action unless it arises conflict situations, disputes, litigation, and the lessor was promptly notified of the termination. However, if the residential premises were rented out in a communal apartment, the landlord is checked.

Thus, the correct conclusion of a room rental agreement will allow the apartment owner protect myself from non-payment for housing and the use of utilities and other services, and property from theft and damage. This agreement will help claim damages caused through the court.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

1. The owner of 1/2 share of the apartment can sell or rent it out.

1.1. Hello, I can sell it in compliance with the requirements of Art. 250 of the Civil Code of the Russian Federation, hand over - also, but with the prior consent of the second owner - Article 247 of the Civil Code of the Russian Federation.

Finding a lawyer or advocate for your issue

2. Is it possible to rent out a 1/3 share in a 2-room apartment.

2.1. Without allotment of living space in kind (division of housing between co-owners) it is legal - no. Shares in the right are not objects of rent or lease.

3. Can I rent out my share in the apartment after divorcing my wife without her consent?

3.1. No, you can’t, you can dispose of shared property only with the consent of all owners, and you also can’t allocate a share in kind.

4. How to rent out your 1/3 share in a two-room apartment?

4.1. Good day! According to the rental agreement. When leasing property, you are required to pay 13 percent personal income tax on the income you receive from the tenant by virtue of paragraphs. 4 paragraphs 1 art. 208, paragraph 1, art. 209 of the Tax Code of the Russian Federation.

4.2. Hello, without the consent of the other participants in the shared ownership, you do not have the right to do this in accordance with current legislation.
Good luck and all the best

4.3. Dear Yaroslav!
Only amicably, by agreement with other owners.
If you don’t agree, how will you divide the two rooms into three parts?
From practice, this situation is very difficult to resolve. Even if you write everything down theoretically, in life it is very difficult to follow everything. And if people live in the apartment, then the tenant is guaranteed a “fun” life.
Good luck!

5. Can I rent out a 1/2 share of an apartment without the consent of the second owner.

5.1. Hello.
No, unfortunately you cannot rent out an apartment without the consent of the second owner. It is imperative to obtain permission from the second owner.

5.2. Good evening. No, unfortunately, you will not be able to rent out your share without the consent of the 2nd owner. Have a nice pleasant evening.

5.3. Good day
No you can not. You can only rent out the apartment as a whole. The consent of the other owner is required

Good luck to you. Anna Titova.

6. I have 1/3 share of the apartment - can I rent it out if the land is not registered?

6.1. Renting an apartment is in no way connected with land plot. The only thing you need to pay attention to is the opinion of other owners, since with shared ownership you must take into account the opinion of co-owners.

7. Can I rent out a share in a 3-room apartment without the consent of the neighbors.

7.1. No. you can’t (Article 247 of the Civil Code of the Russian Federation)

8. They sold an apartment with children’s shares. Because the new apartment was in a new building and was not rented out, we had to give shares to the children from their parents. (Deed of gift) Bought now new apartment larger area, there is a mortgage of 1 mil. How can I remove shares from my parents and give them to them in my new apartment?

8.1. Hello, Natalia!
If the apartment was purchased with borrowed funds and is pledged to the bank, then you can allocate shares to the children with the consent of the bank or in court.

9. The couple divorced. The ex-husband and wife and their two minor children are registered in the apartment. Three of them (except one child) have shares in the property. Can one of the former spouses rent out their share of the lease and under what conditions? The personal account is not divided.

9.1. Clause 2 of Art. 30 of the Housing Code of the Russian Federation establishes the right of the owner of residential premises to provide possession and (or) use of residential premises belonging to him by right of ownership to a citizen on the basis of a rental agreement, an agreement for gratuitous use or on another basis, as well as to a legal entity on the basis of a lease agreement or on another legal basis basis.
However, renting out an apartment (part of an apartment), selling a share, moving other people into the apartment with shared ownership is possible with a number of restrictions provided for in Art. 246 of the Civil Code of the Russian Federation, according to which the disposal of property in shared ownership is carried out by agreement of all its participants.


10. Can I rent out my share in the apartment? My husband and I (we are not married) would like to enter into a rental agreement. What is needed for this? Wouldn't this be considered fraud? Due to my mother’s illness, we had to move in with her and take full care of her. So we are in dire need of money.

10.1. Hello,
You cannot rent out a share, only the entire apartment as a whole.
Or is your share officially allocated in kind?
Why do you need a rental agreement? Not quite clear

I wish you good luck and all the best!

11. My ex-wife and I have a 1-room apartment divided by a court decision into 1/2 shares, the living room is 12 square meters, now she is trying to survive me by any means, on this moment notified me that supposedly, given her financial situation, she wants to rent out her share, does she have the right to do this?

11.1. Hello,
No, you cannot rent out your share without your consent.
I wish you good luck and all the best!

11.2. It has. The owner has the right to independently dispose of his property.

11.3. According to Article 246 of the Civil Code of the Russian Federation, the disposal of property in shared ownership is carried out by agreement of all its participants. Therefore, she has no right to rent it out without your consent.

12. We built an apartment under a DDU agreement and used swear words. capital, the agreement specifies the shares of the children and mine and my husband. The agreement is registered in Rosreestr. They received an acceptance certificate, submitted the documents to Rosreestr, suspended the registration of property rights, and asked to draw up an agreement on the division of shares between husband and wife or a marriage contract. The notary refused, saying all the shares were spelled out in the agreement, but Rosreestr insisted on what to do.

12.1. Good afternoon In your situation, it is necessary to appeal the suspension of registration to the court and summon a notary to the court so that he explains his position. Rosreestr, in my opinion, is wrong, the notary says correctly, there is no obligation to enter into an agreement on the division of shares.

13. Shared ownership of 3 rooms. Apartment 38 m2. Residents: mother, 2/10, daughter, 3/10 son and grandson together 3/10, but the grandson has a share, but does not live. Mom is 69 years old, daughter is 50, son is 48, grandson is 20. The accounts are divided. Do I have the right for my daughter to rent out her 17 m2 room..

13.1. You have shared ownership, and in order to carry out any transactions, you must obtain the consent of all adult owners of the remaining shares.

13.2. With the consent of the neighbors. It is better to first allocate the share in kind.

14. Please answer the question. According to privatization, my minor child owns 1/2 share in a 3-room apartment. After the divorce, the child lives with me in my parents’ apartment, and in the one where he is privatized his father and grandmother live (that is, his own father and his mother). Can my son and I (I am his natural mother) rent out his share to the tenants... how can I do this and while the tenants are living, deal with the issue of selling the apartment - how to sell his share? What should be done for this?

14.1. Hello Olesya Viktorovna
You can rent out your home by agreement with the other owner; in addition, within the framework of the law, the second owner has a pre-emptive right to purchase a share.

15. I have documents for someone else’s share of the apartment. Where can I deposit them? Everyone says I’m holding them illegally.

15.1. --- Hello, return them to the owner. Apparently he owes you money?

Sincerely, lawyer Ligostaeva A.V.

15.2. So give them to the owner.

16. Please tell me, I have dual citizenship, in 1992 I went to join my husband in Israel, I handed over my Russian passport to the OVIR. Now I only have a foreign passport in my hands. In Moscow I have a share of ownership in my parents’ apartment. Can I get a Russian passport when I visit my parents in Moscow? How can this be done?
Thank you.

16.1. Well, if you have not renounced your citizenship, then you can get a general passport at any MFC.
Sincerely.

16.2. It all depends on whether you renounced your citizenship in 1992 or not. Contact the department of the Main Department of Migration of the Ministry of Internal Affairs of the Russian Federation at your place of residence in the Russian Federation or the consulate of the Russian Federation.

17. My mother’s turn has come to receive a housing certificate for resettlement from the Far North region. She and I each have 1/2 share in a two-room apartment in which she lives and is registered alone. Only the mother is listed on the relocation application. What should I do with 1/2 share? I have a family, I have two minor children, what can I do in this case, because the apartment will then need to be rented out free of charge, but it turns out that they will worsen my living conditions, thereby offering nothing in return.

17.1. When including those in need, all circumstances must be indicated.

18. I had a grandmother and she died, there was an apartment where a share was allocated to me, my mother and my grandmother’s share, yesterday we opened an inheritance and my mother got 2/3 of the share, I got 1/3, and she told me that she wants to rent out the apartment , does she have the right to rent out the apartment without my consent? And also does she have the right to sell her 2/3 shares without my consent? How can I protect myself in this regard and can I give my share to my two minor daughters?

18.1. Civil Code Russian Federation Part 1. Article 246. Disposal of property in shared ownership

2. A participant in shared ownership has the right, at his own discretion, to sell, donate, bequeath, pledge his share or dispose of it in any other way, subject to the rules provided for in Article 250 of this Code during its alienation for compensation.

19. During his lifetime, the testator was supposed to hand over his share in the apartment to the state, but he died before he could. The district administration did not inform my heir about the debt and I entered into the inheritance. Question: was the administration obliged to inform me about the debt of the testator?

19.1. The administration should have informed the notary.

19.2. Hello.
No, no one is required to tell you about your debts. Now the debt of the testator has passed to you.

20. I am the owner of a 1/3 share in a three-room apartment. What needs to be done so that I can rent out one room without the consent of other owners.

20.1. It won't work without consent. You do not own a room as a separate object, but a share in the right of common shared ownership. - Art. 247 Civil Code of the Russian Federation.

21. The owner of a 2/3 share of an apartment rented it out without notification and consent of the owners of the 1/3 share. Reason to write a statement?

21.1. The rental of an apartment must be certified by all owners of the apartment, i.e. the contract is invalid,
If there is no agreement, file an eviction complaint with the police.

21.2. It is generally impossible to rent out a share. since you can rent out a room, an apartment, a house, but not a share. This is a virtual share. You can evict the tenants.

21.3. Application where? To the police? - No.
But you can file a lawsuit to establish the procedure for using the apartment and, if he actually rented out the entire apartment, then recover 1/3 of the money.

22. The house is not rented. Ownership rights were obtained through the court. The apartment is registered as shared ownership. How to register the transfer of a share to the second owner.

22.1. Dear Oksana Ivanovna! Once the court decision has entered into legal force, you must contact the Rosreestr authorities.

23. The apartment is owned by a father and his minor son. In equal parts. The accounts are divided. Can the father rent out his share in the apartment?

23.1. Dear Yulia, Safonovo!
No it cannot, because:
According to Article 244 of the Civil Code of the Russian Federation
Part 1. Property owned by TWO or several persons belongs to them under the right of common ownership.
Part 2. Property may be in common ownership with the determination of the share of each owner in the right of ownership (SHARE OWNERSHIP) or WITHOUT determination of such shares (COMMON OWNERSHIP).
In accordance with Part 1 of Article 246 of the Civil Code of the Russian Federation, “The disposal of property in shared ownership is carried out by agreement of all its participants.”
Thus, the co-owner of this apartment has the right in court (Articles 131 - 132 of the Code of Civil Procedure of the Russian Federation):
- demand the allocation of your share in kind.

Good luck to you Vladimir Nikolaevich
Ufa December 15, 2018

23.2. No.
The consent of the legal representative of the other owner - the mother - is required, since the father himself does not have the right to give such consent.

24. Hello, this is a question: a 3-room apartment, in a 1/2 share with my sister, that is, in half, I live with my wife and child, and my mother is registered only I am a child, and my mother, the court established the order of the share for her, now she is trying to rent it out ! Is it possible? because I don’t agree and they live here.

24.1. Good evening! Did the court establish the order of use or allocate her a share?

25. The young man took out a mortgage loan before marriage (he is a co-borrower in equal shares). We are currently going through a divorce. My husband has not worked for a year. and is currently in custody! I have no connection with him. The apartment was supposed to be commissioned in 16, but construction was frozen. The object is problematic. Can I somehow remove him from the co-borrower?

25.1. Good afternoon You can try either through the bank or through the court!

26. I’m selling a 3-room apartment in Moscow Region, the situation is as follows, I have a 1/5 share in my 3-year-old child, we found an alternative in a new building, the house was built but not delivered, will the guardianship approve? Because there are no other options.

26.1. Katerina, contact the guardianship for permission to sell the child’s share with subsequent acquisition, this option is possible.

26.2. So are you selling the apartment or 1/5 share in the right to it?
Explain this point.

27. Can I rent out a room in a communal apartment? I have 23/93 shares in the property, the two of us are registered there, but I want to rent it out to 4 people.

27.1. Hello!
You can rent it out, but only with the permission of the other owners.

28. I live in a three-room apartment with two owners. I have a 1/12 share. Can the second owner rent out his share (apartment) to other persons?

28.1. Good afternoon
Only with your consent:

"Civil Code of the Russian Federation (Part One)" dated November 30, 1994 N 51-FZ (as amended on August 3, 2018) (with amendments and additions, entered into force on September 1, 2018)
Civil Code of the Russian Federation Article 246. Disposal of property in shared ownership

1. The disposal of property in shared ownership is carried out by agreement of all its participants.
2. A participant in shared ownership has the right, at his own discretion, to sell, donate, bequeath, pledge his share or dispose of it in any other way, subject to the rules provided for in Article 250 of this Code during its alienation for compensation.

Best wishes to you!

29. Help please. I don't have the means to pay for a lawyer. I gave up my share in privatization in favor of the children. The relationship with my son has deteriorated. Now my son has changed the locks and rented out the apartment where I am registered. There is a minor child also registered there. I know that I have the right to lifelong use, can you help me write a lawsuit? Sample or example. The defendants have 2 children, a son and a daughter. No place to live. Please help me.

29.1. Hello. Yes, you need to go to court.

29.2. Name of the claim STATEMENT OF CLAIM
on moving into the residential premises and the obligation of the defendants not to interfere with the use of the residential premises.
But the statement of claim is drawn up in a certain form, we can provide this service for a fee, choose any lawyer and contact him personally, agree on payment, and we will provide you with the service on the basis of the “Civil Code of the Russian Federation (Part Two)” dated January 26, 1996 N 14-FZ (as amended on May 23, 2016) of the Civil Code of the Russian Federation Article 779. We will prepare a consultation almost immediately after receipt of payment.

30. My minor son has a share in the apartment, what can I do with it? Can I sell or rent it?

30.1. Yes, you can sell it. You won't be able to rent it out.

How can you rent out an apartment that is in shared ownership?

The owner can rent out his share only with the consent of all co-owners, and only if this share is allocated and represents an isolated room, that is, a whole room. If housing is transferred to a legal entity, then it can use the residential premises only for citizens.

The material was prepared with the participation of the Federal Notary Chamber, a lawyer from the law office"Leontyev and partners"Tamaz Mstoyan, director of the GASIS urban development center Konstantin Shishka, head of the office"To Novogireevo" "Miel-Network of real estate offices"Yulia Antyasova, leading legal consultant of the Legal Service"Inkom-Real Estate"Olga Kladkova.

If one of the owners refuses to pay for housing and communal services, then what should other owners do?

If an agreement between the owners is not reached, then they have the right to go to court, which must establish the procedure for payment for residential premises and public utilities in proportion to the shares in ownership for each of the owners.

On what basis do co-owners pay for monthly housing and communal services - all separately or at once?

Participants in shared ownership are required to participate in the payment of taxes, fees and payments for housing and communal services in proportion to their share. They can determine who pays how much on their own, and if no agreement is reached, in the manner established by the court.

Is it possible to force one of the owners to sell their share?

It is impossible to force one of the co-owners to sell his share to a third party.

The possibility of forced payment of monetary compensation for his share is permissible by court decision in the case of the simultaneous presence of the following conditions: the share of the co-owner is insignificant, cannot be realistically allocated, the co-owner does not have a significant interest in the use of the common property. According to paragraph 4 of Article 252 of the Civil Code of the Russian Federation, in such cases, the court can, even in the absence of the consent of this owner, oblige the remaining participants in shared ownership to pay him compensation. There are quite a lot of such court cases. As a rule, the owner of the larger share buys out the smaller one. Then an expert assessment of the market value of the share is carried out in court.

Thus, if, for example, we're talking about about tiny shares, say, 1/100, then your co-owner owns literally a few square centimeters, you can go to court with a demand to buy out this micro-share. And then the court may oblige him to sell this share.

How can you sell the entire apartment if it is in shared ownership?

For such transactions, a mandatory notarial form is established. Let's say that there are three co-owners of the apartment, each of whom is ready to sell their 1/3. There is also a third party who wants to purchase this entire apartment. All parties to the transaction must appear before the notary. He will request the documents necessary for the transaction, including from the Unified State Register of Real Estate (USRN), make sure of the legal capacity of all co-owners, the absence of defects of will, and so on. If the owners of shares contact the notary at the same time, then in this case the notary will not require documents confirming that the co-owners have notified each other of their intention to sell their shares. In this case, the agreement for the sale of the apartment by all co-owners can be concluded at their request in the form of a single document. If the co-owners turn to the notary not together, but in different time, the notary will require confirmation that all owners of the apartment have been notified that the co-owner wishes to sell his part.

When concluding a purchase and sale agreement (SPA), it lists by name all sellers - co-owners. If circumstances require it (for example, co-owners are strangers to each other or are in conflict), then the DCT specifies how much each of them receives when completing the transaction. If the co-owners are, for example, spouses who are in a normal relationship, then the amounts do not need to be specified.

Does a transaction for the sale of a share require notarization?

Alienation of shares of an apartment that is in common ownership for any type of transaction (purchase and sale, exchange, gift) is subject to mandatory notarization. This is necessary in order to prevent cases of apartment raiding.

The main thing that the notary checks is whether the pre-emptive right to purchase of the remaining co-owners of the apartment has been respected, if we are talking about a purchase and sale transaction.

The notary himself can notify the co-owner if the owner of the share for some reason is not ready to deal with this personally. The most indisputable, according to the Federal Chamber of Notaries, is sending a notice by registered telegram through the post office, asking the post office employees to give you a copy of the telegram sent to the co-owner. Then it will be clear when and what content you sent the telegram. This will be proof that you have notified your co-owners of your intention to sell your share.

The notary will also check whether there are other applicants for a “piece” of the apartment, whether the owner is legally capable, whether he is bankrupt, and whether his passport is valid.

The fee for certifying a transaction will be 0.5% of its amount, but not more than 20 thousand rubles.

How to register new tenants in an apartment if it is in shared ownership?

The owner of a share in an apartment has the right to register in it without the consent of other co-owners, however, registration by the owner of a share of third parties in the apartment will require the consent of other shared co-owners, with the exception of registration of minor children of co-owners (Article 20 of the Civil Code of the Russian Federation).

How can one of several apartment owners buy out their shares from others?

One of the co-owners of the apartment can buy out the shares of other owners by reaching an agreement with them or, under certain circumstances, forcefully buy out the shares.

Thus, if the owner’s share in relation to the size of the shares of other co-owners is significant (that is, it is the largest share compared to the shares of others), then in court the co-owner can take turns recognizing the shares of the cohabitants as insignificant and buy them out. Redemption is possible only if all three conditions are met simultaneously: the share of the co-owner is insignificant, this share cannot be realistically allocated, the owner does not have a significant interest in the use of the common property (Article 252 of the Civil Code of the Russian Federation).

The issue of forced redemption is resolved, as a rule, by the courts in cases of allocation of shares in kind. Moreover, whether the share is insignificant or not is decided by the court in each specific case, taking into account all the circumstances of the case. For example, the court may take into account the following circumstances: the need to use this property due to age, state of health, professional activity, the presence of children, other family members, including disabled people, and so on.

If one of the apartment owners wanted to sell his share, can the other co-owners prohibit him from doing so?

The owner of a share has the right to dispose of his share at his own discretion, and other co-owners have no right to interfere with him. However, the law establishes some features of the owner’s disposal of his shares. For example, when selling a share, its owner must first offer in writing to buy his share to other owners. The co-owners must either agree to purchase the share or refuse within a month. If the co-owner of the apartment has not responded to your offer to sell a share in the ownership of the apartment, or refused to purchase it, then you have the right to sell your share in the apartment to any third party at the price and on the terms that you indicated in your letter to the co-owner of the apartment . The cost of the price for the new buyer cannot be lower than that which was offered to the co-owner.

Under what conditions can shares in kind be allocated?

A participant in shared ownership has the right to demand the allocation of his share from the common property (Article 252 of the Civil Code). For example, the allocation of a share in kind in a residential building is allowed only if it is possible to organize a living space completely isolated from the rest of the house, that is, with a separate entrance and independent communications. The allocation of a share in kind is possible both by agreement of the co-owners and in court if agreement has not been reached.

It is important to take into account that allotment in kind is prohibited if its implementation is impossible without causing disproportionate damage to property that is in common ownership (for example, the impossibility of using the property for its intended purpose, a significant deterioration in its technical condition or a decrease in material value). If it is impossible to allocate a share in kind, then the court, at the request of the allocated owner, has the right to oblige the remaining participants in the shared ownership to pay him monetary compensation. Having received such compensation, the owner loses the right to his share.

According to Article 245 of the Civil Code of the Russian Federation, the determination of shares in the right of shared ownership is carried out as follows:

1. If the shares of participants in shared ownership
cannot be determined by law and cannot be established
by agreement of all its participants, the shares are considered equal.

In your case, a two-room apartment is divided in strict accordance with Civil Law into equal parts (shares).

Further, in part two of Article 245 of the Civil Code of the Russian Federation it is stated that by agreement of all participants in the share
property may establish a procedure for determining and changing them
shares depending on the contribution of each of them to the formation and increase
common property.

Therefore, based on the requirements of the Law, you, together with other participants in common property, by concluding an agreement, determine the procedure for changing shares depending on the contribution of each of you to the formation and growth of common property.

In this case, renting out part of the apartment (share) for the purpose of making a profit will be aimed at improving and increasing the share (property, albeit in monetary terms). The law requires this to be done taking into account the opinions of all interested parties - participants in shared ownership.

According to Part 3 of Article 245 of the Civil Code of the Russian Federation, a participant in shared ownership,
carried out at his own expense in compliance with the established procedure
use of common property and inseparable improvements to this property,
has the right to a corresponding increase in its share in the right to the common
property.

Separable Improvements
common property, unless otherwise provided by agreement of the participants
shared ownership, come into the ownership of that of the participants
who produced them.

Thus, the separable improvements (in this case, the profit from renting out one’s share of the apartment) will be the property of the person renting out his share.

Article 246 of the Civil Code of the Russian Federation describes in detail the procedure for disposing of property in shared ownership:

1. The disposal of property in shared ownership is carried out by agreement of all its participants.

2. A participant in shared ownership has the right to
sell, donate, bequeath, pledge your share at your own discretion
or dispose of it in any other way in compliance with its compensation
alienation of the rules provided for in Article 250 of this Code.

Article 250 of the Civil Code of the Russian Federation establishes the pre-emptive right to purchase shared ownership by the remaining participants in shared ownership.

Taking into account the fact that in Civil law If the analogy of the legislation is applied, then when leasing, the remaining participants in shared ownership also enjoy an advantage.

The ownership, use and disposal of jointly owned property is enshrined in even more detail in Article 253 of the Civil Code of the Russian Federation:

1. Participants in joint ownership, if
not otherwise provided by agreement between them, jointly own and
use common property.

2. Disposal of property located in
joint ownership, carried out by agreement of all participants,
which is assumed regardless of which of the participants is committed
property disposal transaction.

3. Each of the participants in the joint
property has the right to enter into transactions for the disposal of common property,
unless otherwise follows from the agreement of all participants. Perfect by one
of the participants in joint ownership, a transaction related to the disposal
common property, may be declared invalid upon request
remaining participants due to the absence of the participant who committed
transaction, the necessary powers only if it is proven that
the other party to the transaction knew or should have known about it.

4. The rules of this article apply
insofar as for certain types of joint ownership
This Code or other laws do not provide otherwise.

As can be seen from Part 3 of this article, in order to avoid any incidents, when leasing a share in an apartment, it is first of all necessary to offer to accept it for rent to other participants in common ownership (taking into account the preemptive right granted to participants in shared ownership by the Law), and only if they refuse to lease, then offer other persons to lease this share of the common property.

If the remaining participants in the common property object to the fact that you will rent out your share, you have the right to go to court and there prove your right to rent out your part of the common property.



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