- -notarialnoe approval for sale of all property owners
- -postanovlenie guardianship authorities if the other owner of the minor or incapacitated
- -Notification if the second does not give the owner permission to sell
- -extractof the cadastral passport
- -dogovor the sales
- -akt reception and transmission
- solution of the court, if the share in kind is impossible to distinguish
When selling apartments and there are two owners getfrom the second owner of the notarial marketing authorization.If the owner of a second against the sale and permission is not granted, then sell the apartment only after allocation of your shares.
in the allocation of your share in the na
ture of the second owner has the right to preferential purchase your shares.To do this, he needs to send a registered letter notarized notice of the conditions of the transaction and the price of your share.At the end of the month following the default of the owner can sell its stake third person.
If the apartment is not possible allocation of shares in nature, all the differences are resolved in court.
If the place of residence and location of the second owner is unknown or it is listed in the search, or missing, then sell apartment possible without him, but if he shows up for one year and declaretheir rights to an apartment - sale transaction invalidated.In this case, you will have to return money to customers with payment of moral and material damage.
If the second owner is a minor or incapacitated, apart from the legal representatives of the notarial authorization ruling required the guardianship authorities about the possibility of sale.At the same time, minor or incapacitated person may be required to provide a similar living conditions for living space.
if minor or incapacitated owner resettled in the worst living conditions, at the request of the legal representatives of the sale transaction may be invalidated.
The rest of the apartment for sale is no different from the usual deal.Obtain an extract from the cadastral passport, write down all the living space and take a certificate stating that all discharged.Make a notarial contract of sale, delivery-acceptance certificate and register ownership of the buyers.
Tip 2: How to sell an apartment with the care
When share in a flat or even entire living space belongs to a minor, it will sell quite problematic.And all this is due to the fact that mandatory will have to get permission of the guardianship to oversee this issue.This process is quite lengthy due to the amount necessary papers.And not everyone knows where it is necessary to begin selling apartments "with OPEC."
to start to create a request from the notary.Usually, it requires the original of this document.By the way, the entire list of documents is essential not only in the sale of apartments, but also for its exchange, donation, etc.If you are a parent of a minor owner of housing, then you will need more of and appropriate application for the sale of apartments.If the parents of the child is not, and you're just the man to whom to entrust the sale of housing, give to the guardianship special document confirming the absence of parents.It may be a death certificate, the court decision on the deprivation of parental rights or recognition of the parent missing.
course, necessary, and a statement from the owner of the minor premises.However, only in the case when it has reached the age of 14.In other cases, you need a statement from the child's guardian (if it has no parent).If you work with a certain degree of a minor in an apartment, then take care to collect the statements that they did not object to the sale, all the owners of the remaining share of adults living quarters.
also provide to the guardianship of the child's birth certificate and the documents that confirm his ownership of this dwelling (the deed of gift, a will, and others.).Of course, to sell the apartment without any problems "with the care of" take care of paying all the necessary bills - utilities, pay the light and phone.After statements from each of them will also need to submit to the guardianship.
Collect most of the documents in the original, but a copy of them, be sure to remove.Just in case.But to put a date and signature on his statement not in a hurry.Do this in the presence of specialist care.He immediately Sight your autograph and his signature.Remember that to pass the documents to the guardianship must come personally all those involved in the process.It is the child, his parents or guardian, and those owners who do not object to the sale of shares in the apartment (in the case of the share).
It should be borne in mind that the guardianship is easier to agree on a deal, if you already have an equal housing option instead sell.This should take care in advance.In some cases, custody gives its go-ahead with the wording "simultaneous rather than sequential purchase of apartments."This will mean that you have to first buy a new apartment, and then sell the old one.
Remember that all the documents that you submit to the guardianship should have more adequate supply of "life."After all, if at the time of your application at least one of the securities will be delayed, you will be sent to collect all over again.That, of course, greatly lengthens and complicates the process of selling the apartment.
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