Even if there is a part of the living space in the room, not everyone wants to remain its owners. Is it possible to refuse a share in an apartment? This procedure is performed in various ways. Each option has its own characteristics. Therefore, you need to know how to perform them correctly.
Share ownership
In Art. 244 of the Civil Code of the Russian Federation, it is said that shared ownership arises in cases established by regulatory legal acts. This is governed by a contractual relationship. The total proportion may appear when:
- inheritance;
- paid or gratuitous transaction;
- privatization of housing.
Causes
Before you learn about how to give up a share in the apartment, you should determine the reasons for this. Usually people motivate such a decision with the following principles:
- desire to transfer housing to a specific person;
- getting the best living conditions;
- reluctance to obtain ownership of the owner.
Whatever the reason for the failure, the transfer procedure is the same. The owner does not have the right to dispose only if interim measures are imposed on the housing - arrest, prohibition of registration procedures.
Giving
How to refuse a share in an apartment in a simple way? To do this, you need to issue a gift. You can transfer your part of the premises to other owners or to a third party. For the transaction, the permission of the donee is necessary - the person to whom the property will be transferred. The consent of other owners is not necessary.
The deed of gift is made out in writing, and for it the participation of a notary is not necessary. The transaction is registered in Rosreestr, located in the subject where the subject of the agreement is located.
Required documents
To transfer the right to housing, the owner and the donee submit an application to which the contract must be attached (3 copies) and proof of payment of the state duty (2000 rubles - the donee makes). If the donor was married at the time of obtaining the right to share, you need to take the permission of the spouse.
Documents can be sent through a representative who must have a power of attorney. This is also done by mail, if the signatures are notarized. In electronic form, you can send everything through the State Services resource, which requires a digital signature.
And how to refuse a share in an apartment in favor of a relative? The procedure is performed in a standard way. If the property is transferred to close relatives, for example, to the parent, then the donee does not have to pay income tax. In other cases, it is necessary to contribute 13% of the cadastral value of the share to the budget. This is a personal income tax. According to the law (Article 575 of the Civil Code of the Russian Federation), property cannot be donated on behalf of minors.
Sale and exchange
How to refuse a share in an apartment in another way? For this, sale or barter can be used. The remaining owners have the advantage of buying an alienable part of the premises compared to strangers.
The seller must notify the remaining owners of the offer to acquire a share. This is indicated in Art. 205 of the Civil Code of the Russian Federation. In the document, it is important to indicate the cost and other principles of the transaction. Only with their refusal can a share be sold to another person. It is necessary to realize part of the housing within a month from the date of receipt of the notification.
If the conditions are met, you need to create a contract of sale or barter. The transfer of rights is registered with the Rosreestr. It is necessary to provide the same documents as in the previous case. Only during the sale must written filings be submitted to the registration authority. How to refuse a child’s share in an apartment? The procedure is standard, only the permission of the guardianship authority is required.
Refusal of privatization
Still how to refuse a share? It is permitted not to participate in privatization of an apartment if a person does not want to become an owner. For this, a person must write a permit for privatization without his participation. This will be considered a rejection of privatization.
Then the document must be executed by a notary. The remaining papers required for privatization are attached to it. Only the refusal will not work out in favor of the person who lives in the apartment. The share is distributed among all participants in the procedure.
The share can be changed only if there is an agreement on the establishment of parts between the owners. Minors must be included in the privatization agreement. They can be refused only with the consent of the guardianship authority.
Inheritance
If a person received an inheritance in the form of a share, then he has the right to refuse it. And it doesn’t matter how the property was transferred - by will or law. How to refuse a share in an apartment in this case? It is necessary to write about the unwillingness to accept the inheritance by handing the paper to the notary.
Partial failure is not performed. Property is not transferred in parts. You can refuse in favor of one or all of the heirs. This right is provided by law.
Housing Rights
After the transfer of rights, the seller has no authority to use the object. Principles governed by a gift agreement give rise to the same consequences. How can I refuse a share in a privatized apartment? The procedure in this case is standard: it can be sold, changed or donated. If a refusal to privatize has been issued, then the person has the right to use such housing.
Ability to stay is in the following cases:
- the person is not part of a family that performs privatization;
- Change of homeowners completed.
A citizen who renounced ownership may participate in the privatization of other housing.
When divorced
How to refuse a share in a mortgage apartment in case of a divorce? Housing is the property of the spouses, therefore, when divorced, it is divided equally. But the court may establish specific proportions. But one spouse has the right to abandon his part in favor of another. The division of property is carried out with the help of the court.
The parties have the right to simplify the procedure, which requires a voluntary agreement on the division of shares. The document must be certified by a notary, and then transferred to the court. Preliminary to resolve the issue of the division of property will only be possible with the conclusion of a marriage contract. It should be indicated there that there is a right to refuse part of it. The document is notarized.
How much does the notary's procedure cost?
When donating an apartment, a relative does not need to pay taxes. If the premises are transferred to an unauthorized person, a fee must be paid. The recipient must pay it:
- usually 13% of the cost;
- and 30% are paid by those who live in another country for a long time.
The illegality of the transaction
A transaction to transfer part of the premises may be invalid in the following cases:
- at least one party is legally incompetent;
- execution occurred under fraud or error;
- there were threats, violence.
How can I refuse a share in an apartment so that it is legal? If you check the absence of the above factors. Invalidity is recognized by the court.
Consequences of failure
You need to know not only how to give up a share in a privatized apartment, but also what are the consequences of this. After the paperwork on the sale or donation is completed, another person acquires the right.
The former owner must visit the passport office for deregistration, as well as for registration at a new address. It is necessary to move out of housing at a certain time, taking their things. The new owner may dispose of the property at his discretion, and the former owner should not interfere with this. A slightly different situation is when a share is abandoned during privatization. Then the person retains the right to reside in the apartment. He cannot be inscribed against his will, including by court decision. Even if the housing is sold, it does not change the right to reside.
Deal with minors
On behalf of a minor, registration can only be done if the child is 14 years old. It is important to obtain permission from the guardianship authority. Persons under 18 years of age need to explain the consequences of failure and the prospect of obtaining housing. In order to obtain permission from guardianship authorities, there must be good reasons for depriving the share. But this paper is necessary if after privatization the apartment will be sold.
Parents have an obligation to purchase new housing. The proportion of the child will be the same as in the old room. Otherwise, the refusal will be canceled, and the apartment will become municipal. If there is permission from the guardianship authority, then under Art. 28 and 37 of the Civil Code of the Russian Federation, notarization of a child does not need to be received. In order for it to be issued, you need to write a statement and prepare some documents:
- passports of parents and child;
- certificate of registered in the apartment;
- employment contract or warrant.
The application is compiled according to the established model. Attention should be paid to the motivational part, since for a positive decision, guardianship workers must have confidence that the child will not live in worse conditions. Consideration of the application takes 10 days. After that, a document is issued, which must be provided for privatization. Deprivation of a share up to 14 years of age is not carried out, since by law he must become the owner.
How long is the document?
Failure is considered unlimited. If it was executed by a notary public, then it will not work to prove its invalidity. In the exceptional case, if there is strong evidence, the matter is decided through the court.
You can withdraw a document before privatization. The procedure stops and the paper will be considered invalid. Each person has the right to refuse his share. The main thing is that this is done voluntarily and consciously. It is necessary to weigh all the nuances in order not to regret the decision later.