How To Exchange A Share For An Apartment

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How To Exchange A Share For An Apartment
How To Exchange A Share For An Apartment

Video: How To Exchange A Share For An Apartment

Video: How To Exchange A Share For An Apartment
Video: КРАСИВЫЙ И ЭСТЕТИЧНЫЙ ФИЛЬМ! СМОТРЕТЬ ВСЕМ! Сердце следователя. Русская Мелодрама 2024, March
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There are several ways to exchange your share of the living space for an apartment, but in any case, the exchange is possible only if this share is allocated in kind. It is impossible to exchange the share allocated as a percentage. It can be disposed of at your own discretion, having received a monetary amount equivalent to the value, on a voluntary or compulsory basis.

How to exchange a share for an apartment
How to exchange a share for an apartment

It is necessary

  • - notification;
  • - application to the court.

Instructions

Step 1

If you have made a division of common shared ownership in kind and have issued a separate ownership right to your share, then you have the full right to dispose of your living space at your own discretion, to make any legally significant transactions with it, which include sale, exchange, donation, etc. …

Step 2

To exchange your share, you can make a sale or make a direct exchange for a full-fledged apartment with a surcharge. If you change your share through purchase and sale, then you must notify all co-owners of your terms of sale, since they have a pre-emptive right to purchase (Article No. 250 of the Civil Code of the Russian Federation).

Step 3

To notify the co-owners, contact a notary, draw up a notarial document, which will indicate all the conditions for the sale of your share. Send it to all co-owners in a letter with an inventory of the attachment, which will be handed to them against receipt. If within 30 days no one has expressed a desire to purchase your share, then you have the right to sell it to an outsider, add the missing amount and buy yourself a separate apartment.

Step 4

If you make an exchange, that is, you have found a suitable option, where the owner agrees to move to a smaller living space, which belongs to a communal apartment, then you have the right to conclude a deal without notifying the co-owners, since this transaction does not apply to the sale and purchase.

Step 5

If you plan to exchange your percentage share, then you can neither sell nor directly exchange. There are two exchange options here - to get money equal to your share on a voluntary or compulsory basis, add the missing amount to them and buy a separate living space.

Step 6

Most often, no one wants to voluntarily pay money, so go to court with an application. On the basis of a court order, you will be paid the cost of your share by force, and you can buy yourself a separate living space, adding the missing amount.

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