If your disposal has a share in the apartment, it means that it is completely your property, and you can use this living space at your discretion. You can bequeath, sell or give it, and, if necessary or if desired, it is even possible to lay it down.
For real estate lawyers, such transactions with shares are the most difficult and problematic compared to other operations.
This is mainly due to the fact that no one can definitely say what specific meters belong to the owner. Real estate is issued as property, namely – shared or joint. When concluding an agreement of shared ownership, only the size of the share belonging to this housing is indicated. But this does not give the right to use a certain room in the apartment. To have a share in the apartment is not the same as the room in a communal apartment, because the share in size can be less and more than the room.
There is another important detail, which should not be forgotten if you are going to sell a share in the apartment. First of all, you must invite co -owners of the apartment to redeem your share, since homeowners have a priority right to buy your share. But, besides this, you will not be able to sell your share if all the owners of housing do not refuse to buy. Their refusal should be drawn up at a certain period established by law, and also documented. Therefore, it all depends on the desire and interest of all parties. But this is rarely found in our time, since the apartment question is often one of the most difficult, and it can be difficult to achieve a compromise even with relatives.
Therefore, if your relationship with the co -owners of the apartment is far from ideal, then this can significantly complicate the sale of shared property and make it difficult to make the process of transaction.
But from this situation there is a way out. The law establishes the priority right of the owners only to buy, and not on donation or security of part of the property. Thus, instead of selling your share, you can, legally, give your share or lay it down. These transactions do not require the consent of other real estate co -owners. But, if suddenly it is recognized as invalid, then there is a risk of losing all the money that are not recorded in the documents.
Who and why buys shares in apartments? Apartment shares are already attractive because their cost in the real estate market is much lower than the average market value of the room.
In addition, buying a share makes it possible to purchase registration, since the buyer has the right to register for his shared housing without receiving the consent of other owners.
And, if you set the goal of redeeming all the shares in this apartment, then, in the end, you can purchase housing at a relatively low price, although it is quite difficult to do.
When buying a share in the apartment, you should pay close attention to all documents and their competent design, and especially to the refusal of all the co -owners of housing from the sold share of this property.