Refusal of a share in a privatized apartment in favor of a relative: registration procedure and documents

There are situations when an apartment is owned by several persons at once. Whatever the reasons for the emergence of joint homeownership, this is not the best option. The shareholder will have to coordinate the alienation of his part with the remaining right holders. At the first opportunity, the co-owners strive to narrow their circle. As a rule, one of the owners gives up a share in the apartment in favor of the other owner.

In June 2021, the procedure for conducting transactions with shared ownership was significantly changed, so we will consider the features of shared ownership in the new conditions.

How to give up an existing share in favor of another owner - all ways

There are several options for transferring ownership. They depend on the circumstances of the emergence of rights to the share, as well as the methods of registration of documentation.

Let us tell you in more detail how you can renounce your share in favor of another citizen.

Method 1. Registration of a deed of gift

In this case, it does not matter on what basis the right to the share of the original owner-donor arose. According to the gift agreement, the rights to the share will be transferred to another citizen, who will be indicated by the donee.

The donor must follow these instructions if he wants to donate his share:

1. Obtain the consent of the other owner - for example, a spouse, if the share does not belong only to you.
2. Contact a lawyer to draw up a gift agreement, as well as a deed of transfer.
3. Get the document certified by a lawyer or notary. It is better for the transaction to take place with a specialist. In the gift agreement, the donee must put his signature, confirming his consent to accept the share. He can also refuse, in which case the notary will refuse to certify the transaction.
4. Next, you should contact Rosreestr or the MFC to register the rights of the donee.

After official registration, the owner-donor will lose his rights to the share, and the donee will become the new owner of the share. The fact of transfer of rights will be confirmed by an extract from the Unified State Register of Real Estate.

Method 2. Drawing up a purchase and sale agreement

Another option is to sell your share for a certain price.

To do this, the seller, who is also the owner of the share, must follow the following instructions:

1. Notify other owners that you want to sell your share. They have the right of first refusal. Write a statement to a notary, have it certified and send to all owners. In the application, set the value of your share. You will not be able to sell a share below the established amount to other citizens.
2. Issue a buyout if the owner of the other share agrees to buy out your rights.
3. Find a buyer who is not the owner and enter into a purchase and sale agreement with him. Please note that you will be able to sell the share at the price specified in the application. If you change it, you will have to notify the owners again and offer to buy it at a different price.

A notary or lawyer must participate in the purchase and sale transaction. He will help you correctly draw up an application with a pre-emptive right of repurchase, as well as a purchase and sale agreement and a transfer deed.

The buyer will be able to register his rights in Rosreestr or MFC. After registration, he will receive an extract from the Unified State Register of Real Estate.

How to give up a share in real estate at the stage of its acquisition - during inheritance, privatization

It may happen that in the process of acquiring a share, a citizen wants to abandon it and not register ownership rights. This is possible both when inheriting a share and when privatizing the premises.

Denial of inheritance

It is possible to renounce a share that a deceased person bequeathed to a citizen, or which by law becomes his property, only in writing . You should go to a notary and write a corresponding refusal.

If it is not possible to go to a lawyer or notary, then you can send a written refusal response to a specialist. Also, the interests of the heir can be represented by a trusted person who has a notarized power of attorney.

When refusing, please consider the following nuances:

1. The obligatory share in the inheritance cannot be waived.
2. The refusal cannot be disputed. If you submit a written application, it cannot be returned.
3. You can refuse in favor of a specific heir, or without specifying a person.
4. It is impossible to issue a waiver for a foreign citizen who is not an heir.

In the next article we will tell you how to draw up a form for refusal of inheritance in favor of a specific person.

Privatization refusal

To renounce your share during privatization, you must contact a lawyer or notary. The specialist must certify the refusal. It should be submitted along with the privatization documents to the MFC and the Cadastral Chamber.

Please note that you can waive your share in favor of a specific owner. The remaining owners of the parts must also give their consent to the transfer of rights. If someone disagrees, the share will be distributed equally among the property owners.

A minor citizen can also refuse privatization without the consent - but not of the owners, but of the guardianship and trusteeship authorities.

An important nuance is

An important nuance is the fact that every person living in it must express their participation in the privatization of an apartment. This position was confirmed by the Supreme Court of our state in the following case: close relatives lived in the same place, one of whom had previously participated in privatization.

Since he had already exhausted his right, another person turned to the municipality in order to register ownership rights. The request was not granted due to the lack of consent of the other person. They went to court to defend their position.

Several meetings were held in bodies at various levels, the latest decision was made by the Supreme Court. The actions of the administration were recognized as legal, all registered persons must appear in the transaction, and the refusal to participate is officially formalized.

The case usually comes to court if they want to cancel privatization completely. Persons interested in this have the right to submit such a petition. The reason is usually a violation of someone's interests, for example, persons under the age of majority. In this case, the rules regarding the recognition of a transaction as invalid apply.

How much does it cost to give up a share in residential real estate?

Giving up a share is a costly matter. We will indicate when, under what circumstances and how much you will have to pay.

The exact amount for documentation varies within the specified limits. Each region and city has its own prices.

It is worth checking them with a notary.

Challenging in court

A court of general jurisdiction may revoke a refusal to participate. It is difficult to assess the chances of such a decision on the part of the authorized body; it is necessary to take into account all the features and circumstances of a particular case. The cancellation of certain actions can be initiated either by the citizen himself who refused privatization, or by other persons who have their own interests.

Cases where a refusal to privatize was declared invalid in court do not occur often. The basis for cancellation may be the person’s incapacity or lack of awareness of his actions, performing them under pressure, etc. If the document was certified by a notary, then the chances of cancellation practically disappear.

Legal consequences of giving up a share of real estate - pros and cons

Let us indicate what legal consequences may occur for a property owner who refuses a share:

1. From the moment of re-registration of rights to the share, the owner loses the rights to own the property. He will not be able to dispose of his part, since it will belong to another citizen. This nuance can be attributed to both pros and cons. If a citizen wanted to give up the share and transfer it to another citizen, then this is a plus.
2. If the owner did not want to sell or donate his share, then there is a risk of fraud. No one can force you to give up your share of property. In the event that physical force or threats were used against the owner, it is better to immediately contact law enforcement agencies.
3. A transaction concluded fraudulently, under the influence of delusion, violence, threat, malicious circumstances, can be terminated through the court (Articles 178, 179 of the Civil Code of the Russian Federation).
4. The owner who sold or donated the share retains the right to perpetual use of the housing.
5. A citizen who refuses privatization retains the right of permanent registration and the right of actual residence in a privatized apartment. This rule does not cease to apply even after the sale of the apartment and a change of owner.
6. If a deed of gift has been drawn up, then the other owners do not have a preemptive right to redeem the share.
7. It will be impossible to obtain a tax deduction based on the deed of gift.
8. A ban will be imposed on the owner from registering family members or third parties in the housing.

The person to whom the ownership rights to the share are transferred will dispose of the property at his own discretion. He will be able to sell the home with the consent of the remaining owners of the parts, donate it, bequeath it, or exchange it. In essence, he benefits from such a transaction. The only downside is that he will have to pay a 13% tax when purchasing a share.

He is also subject to the obligation to register property rights, but if you register everything through the MFC, it will not take much expense and effort.

Shared ownership and its grounds

Common shared ownership means joint ownership of property, in which the shares of each owner are strictly defined.

This type of ownership can arise:

• By the tribunal's decision.
• Consent of relatives.
• Other circumstances.

Unless otherwise assumed by the decision of relatives or a court order, then according to Article 245 of the Civil Code of the Russian Federation, all owners receive equal shares in the apartment.

Each owner can dispose of his share at his own discretion.

List of documents for renunciation of a share in an apartment

To register a waiver of a share in an apartment, you will need the following documents:

1. Passports of the parties to the transaction.
2. An agreement confirming the ownership rights of the current owner of the share. This may be a certificate of ownership or an extract from the Unified State Register.
3. Technical and cadastral documents for real estate.
4. Archival extract from the house register.
5. Donation agreement, purchase and sale agreement, exchange agreement.
6. Transfer deed.
7. Will for a share in an apartment.
8. Documents confirming relationship with the deceased citizen.
9. Receipt for payment of state duty.
10. Consent from another homeowner.
11. Declaration of relinquishment and transfer of ownership.
12. Notifications of sale and pre-emption rights for each homeowner. You can save receipts issued by mail.

We have listed all the documents that may be needed when registering a refusal.

Carefully study the documents that the other party to the transaction will provide you with.

Don't forget that some documents need to be certified.

What is the price

When registering a refusal with a notary, you must pay for his services. These include direct certification of the document and its preparation, legal support of the procedure.

The first action costs 500 rubles according to the tariffs established for notaries. There is an additional payment for accompanying events, the amount of which is usually about 1000 rubles (there is no fixed price, it is set individually).

If it is not possible to go to the notary on your own, for example, for health reasons, you can invite a specialist to your place. In this case, you will have to pay half the cost.

Features of renouncing a share in favor of the state

It is possible to renounce a share of property in favor of the state.

However, it is worth considering that the rights to the apartment must be transferred from all owners. The remaining owners must also issue a waiver so that the apartment becomes the property of the municipality or state.

The process of refusal in this case is called deprivatization, when the agreement on the privatization of residential premises is canceled and the rights to the entire property are transferred to the state.

As a rule, after registration of rights, the apartment will be considered social, that is, new residents will be able to enter into a social rental agreement for the apartment.

Features of renouncing a share of real estate in favor of parents

You can refuse your share in favor of:

1. One parent.
2. Both parents.
3. Adoptive parents.

The law does not prohibit doing this. Close family members may receive a share of the property from their children.

Please note that parents will not pay the 13% tax (Article 217 of the Tax Code of the Russian Federation). It will be possible to draw up a deed of gift, a purchase and sale agreement, or even transfer the share by inheritance.

In the case where the refusal is issued for two citizens, the share will be divided between them in equal amounts.

Features of giving up a share in an apartment in favor of a child or children

You can also transfer rights to a share in an apartment to children.

Consider these features:

1. If the child is an adult, that is, he is 18 years old, he himself will be able to participate in the transaction.
2. If the child is under 14 years old, then his interests are represented by his parents. They will sign all the documentation themselves.
3. If the child is 14 years old, the parents write consent, and the child signs the documents himself.
4. Usually a gift deed is drawn up for children. You can indicate all the recipients in it, if there is not one child, but several of them.
5. It is necessary to obtain consent from the spouse to transfer rights to children. It should be certified by a notary office.
6. Children will not pay tax on property received as a gift.

Contact our lawyers, they will help you conclude the deal correctly, in accordance with the letter of the law.

Peculiarities of renunciation of a share of real estate acquired with maternity capital

When investing maternal capital in the purchase of housing, spouses must understand that the property will be distributed among all family members, including minor citizens.

Therefore, if one of the spouses wishes to renounce his share, he must formalize the refusal notarized.

In fact, the spouse who renounced his part will not receive a share, but he will retain the right to the common property of the spouses. In the event of a divorce, its share will be divided between the spouses as common marital property.

Please note that if the apartment was purchased using a mortgage with the investment of maternity capital, then you must obtain consent to the refusal from the bank. Spouses will act as co-borrowers, having equal responsibilities and rights to the banking organization. If one of the spouses refuses his share, then the loan debt is transferred from one borrower to another. This is stated in Article 391 of the Civil Code of the Russian Federation.

Lenders do not always make concessions, so giving up your share in such an apartment will be problematic. If it was not possible to obtain consent to transfer rights, you can resolve the issue in court. Any spouse can become a plaintiff.

General provisions

Ownership of real estate is a right; no one can oblige you to obtain it. A citizen can get rid of it whenever he wants, including during the privatization process.

In this case, the apartment is registered in the name of all persons living in it. Without the participation of each registered person, it will not be possible to privatize housing. Everyone must express their will, and if they refuse, document the decision made in the required manner.

The reasons for reluctance to participate in privatization are various circumstances, including:

1. Moving to another region.
2. Previous participation in privatization.
3. Disadvantages of the housing itself (its unsatisfactory condition, disadvantaged area, etc.).
4. Lack of time and funds for documentary support.
5. Giving one person the right to own property.
6. The need to pay taxes, housing and communal services and maintenance of real estate.

Waiver of pre-emptive right - how to formalize it correctly

An owner who decides to transfer the rights to his share must contact a notary’s office and write a statement to the other owners with an offer to buy out his part.

In the application, he must indicate which share he is the owner of, on the basis of what documents, and also determine the price for which he wants to sell his share.

The owners of the remaining shares who receive this application must contact the same notary - and:

1. Or agree to buy out part of it.
2. Or refuse to buy the offered share.
3. Or agree to buy back the share, but for a different amount.

Few people provide for a third option for resolving the issue, because the notary will only offer you to formalize consent, or only refusal. Lawyers recommend answering in writing to the notary according to the third option. You can write a consent yourself by sending it to the designated mail. It is better to record your consent to the ransom, but indicate a different amount or write without indicating the cost. This way the owner does not lose the pre-emptive right to buy out the share.

If the owner of the share being sold decides to sell it at a different value, he will also have to notify the other owners about this, through a notary. They will also have to give consent or refusal.

If you do not respond to the notary’s demands, the owner loses the right to repurchase. According to Russian law, after 1 month the owner of the share can sell it at his own discretion, without further warning the other co-owner.

If the apartment was privatized for several people

If the apartment has been privatized for several people, then transactions with such residential real estate have some peculiarities. All transactions with shares of the right to real estate are currently subject to notarization in accordance with current legislation.

When selling part of the property, the seller must offer to buy it back to other owners first. Searching for a buyer from outside is possible only upon receipt of a refusal from the transaction in writing. Otherwise, the purchase and sale will not take place.

Refusal from privatization is not a complicated procedure. But mistakes in paperwork can have serious consequences. Therefore, a preliminary study of the issue and certification of actions by a specialist is required.