Transactions related to the possibility of alienation of real estate. Alienation of property is a gift

Alienation of property involves the transfer of things into the ownership of other persons, as well as to him, including rights expressed in securities. The renunciation of the right to property, the transfer of things for use, the provision of a temporary right to use property, intellectual property, as well as the granting of rights to alienate in the future are not alienation.

Only things, funds, and rights are subject to alienation. Services cannot be alienated

The grounds for the emergence of property rights can be: making a thing for oneself; acquisition of things on the basis of contracts of gift, exchange, purchase and sale, as well as other transactions; inheritance; appropriation of found property. Ownership rights can be transferred to both movable and immovable property. The list of real estate, as well as movable property, to which ownership rights can be assigned, which is enshrined in legislative acts, is not exhaustive.

In case of refusal or loss of ownership of a thing, its destruction, as well as alienation by the owner of the thing to other persons, or in other cases, the right of ownership is terminated.

According to the law, the alienation of real estate is possible in connection with the seizure of the corresponding plot on which it is located in the event of improper use of the land or the need to use it for state needs.

Alienation of property is carried out on the basis of contracts: donation, sale and purchase, exchange and others. When buying and selling, the selling party transfers the item into the ownership of the buyer, who, in turn, accepts the goods and pays its cost. The same rule applies to sales.

When alienating under a barter agreement, one person transfers ownership of his goods to another in exchange. In this case, each of the parties is actually a seller and a buyer and undertakes to transfer its goods and accept the goods of the other person.

In a gift agreement, the donor transfers property or the right to property to the donee free of charge or relieves him of property obligations to himself or a third party related to the transaction.

Alienation of property can be expressed in the form of a donation, which is understood as donating it for socially useful purposes. Thus, donations are transferred to various social protection institutions, educational institutions, hospitals and other medical organizations, charitable and religious organizations, citizens, and enterprises.

Upon payment of the purchase price stipulated by the contract under the lease agreement, as well as upon expiration of the lease period, the leased property becomes the property of the lessee.

Alienation of property under a rent agreement provides for the transfer by the rent recipient of the property into the ownership of the person paying the rent, and he, in turn, periodically pays a certain amount of money for its maintenance. According to the contract, the annuity can be permanent, that is, indefinite, or for life. The rent agreement must be notarized, and if the property is immovable, the agreement is subject to state registration. Alienated property for payment of rent may be transferred into the ownership of the rent payer for a fee or free of charge. In the case of a paid transfer, the rules of purchase and sale apply, and in the case of a free transfer, the rules of the gift agreement apply.

Property can also be alienated by foreclosure on it based on existing obligations. This mainly happens by court order. In this case, the right of ownership ceases from the moment it is transferred to another person, who in turn acquires the right of ownership of this thing.

Alienation of land cannot be carried out without compelling reasons. Its owner must be notified in writing no later than one year in advance about alienation for state needs through redemption.

When the seizure of a plot for the purposes of state needs without termination of ownership rights is impossible, the property can be seized through redemption or sale with

However, if in court the state body cannot prove that the alienation of the plot cannot be carried out without terminating the ownership of it, then the seizure is impossible.

Transactions with real estate, in particular apartments, according to modern legislation, must be formalized by a notary. Regardless of the form of alienation, except in cases of forced seizure of this property.

Voluntary alienation

The law provides for the following forms of voluntary transfer of real estate from one person to another:

• sale;
• donation;
• transfer under a lifelong maintenance agreement.

All described agreements under which an apartment (share of an apartment) is alienated are certified by a notary and must be registered with the relevant government body (Article 18 of the Housing Code of the Russian Federation) that maintains the register of real estate (Rosreestr).

It is worth remembering that when alienating real estate that is in shared or common ownership, or the object was acquired while the owner was in a marital relationship, to complete such a transaction, consent to the alienation of the apartment of the co-owners or the spouse is required.

In addition, the following rules established by the legislator should be observed when drawing up an agreement:

• written form;
• availability of complete identification data of the person alienating the property;
• full identification details of the person receiving the property;
• description of the object of the contract, indicating the area, available registration numbers, as well as, if there are encumbrances;
• the amount if the contract is of a compensatory nature;
• date of compilation;
• other information relevant to compliance with the law.

In addition, the apartment alienation agreement must contain information about the presence or absence of registered persons who do not have legal capacity, namely minors or incapacitated (partially capable) persons. In this case, consent to complete the transaction must be obtained not only from the legal (court-appointed) representative of these persons, but also from the Guardianship Authorities.

All of the above requirements and rules should be applied not only when drawing up a purchase and sale agreement for an object, but also in other forms of alienation. A deed of gift for an apartment, as well as a lifelong maintenance agreement, must be notarized and undergo state registration.

Forced expropriation

The law provides for several cases when the alienation of residential premises can be carried out forcibly:

• confiscation of property by court verdict;
• seizure of property by court decision, as from an illegal or dishonest purchaser;
• sale of immovable property during the enforcement of judicial decisions.

There is one exception to the last point - residential premises cannot be sold to pay off existing debts if this is the only housing suitable for the debtor and his family.

What to look for when buying and selling an apartment

How to sell a mortgaged apartment

What are problem apartments

How to sell an apartment in which a minor is registered

How to sell a share in a privatized apartment

11/15/2018 - Mikhail Taraskin

Hello! The bailiffs seized the mortgaged apartment. On the property of the guarantor too. Tell me, is it possible to preserve the guarantor’s property by giving away the collateral, i.e. apartment?

09/15/2018 - Anastasia Danilova

Hello, I have received citizenship but do not have permanent registration, I want to purchase a share of 8 m2, will a family of four people be able to register, since I read that the MFC refuses to register if there is a share

The question was answered over the phone.

09/12/2018 - Egor Bektemirov

Apartment in common shared ownership: Me, my wife and son. Divorced from my wife. My son has been disabled for 8 years and is incapacitated. I'm a guardian.

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08/07/2018 - Tamara Semenova

Hello. The owners of the real estate are 3 people. by inheritance. 1/3 share belongs to the minor. How does a transaction to sell 1/3 of a child’s share take place, in what order? We already have permission from the guardianship authorities. The 1/3 share is purchased by the owners of the 2/3 share. Thank you.

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07/31/2018 - Klavdiya Bobrova

Can my husband, after a divorce, alienate the apartment (he is the owner) my daughter and I are registered in it, and will it be legal?

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05/23/2018 - Irina Kuznetsova

Hello, I need a form of alienation certificate for purchase and sale

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05/15/2018 - Petr Rogalyukhin

Hello, we have this situation. We want to draw up documents for the future sale of the apartment. apartment in common shared ownership, privatized, one owner - grandmother, 90 years old. Is it possible to sell the apartment so as not to touch my grandmother, she’s already moving poorly. Do you need to separately draw up an agreement on the alienation of a share, so that, for example, one of us is in charge of the business? The cadastral passport is old, can I get it for everyone, or do I need all the owners?

05/12/2018 - Ilya Terenin

Hello. The document for the apartment says 158/329 shares, instead of 1/2. What does it mean?

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04/20/2018 - Nadezhda Kazakova

Hello! Please tell me according to the Law of the Republic of Kazakhstan Alienation of a home requires a legal definition with reference to the law Thank you

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03/07/2018 - Marina Romanova

Hello! I would like to know what is foreclosure? What actions are covered by it?

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01/18/2018 - Vyacheslav Smetannikov

good evening. I put an apartment for sale and it says in the registry that it cannot be alienated

12/12/2017 - Vera Veselova

I look forward to your call upon request.

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08.11.2017 - Sergey Kinzhalov

Hello, after the death of my father, I entered into inheritance rights for an apartment in another region in 2015. Subsequently, a settlement agreement was concluded in court on the refusal of a share of the apartment in favor of his wife in 2016. Now I have received a letter from the tax office at my place of residence about the need to pay tax in connection with the alienation of property owned for up to three years. Should I pay it?

10/15/2017 - Lyubov Gromova

Why is it necessary to alienate private property during demolition?

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10/04/2017 - Grigory Karamzin

Good afternoon! I want to sell my apartment. Of the documents, there is only a privatization agreement for my parents and myself. Where to begin? What documents are needed from parents? : 17:00 - 19:00

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08/24/2017 - Andrey Kulemkin

I am the wife of a military serviceman, I participated in the privatization of an apartment for a minor, how to make an alienation so that there is no deterioration in living conditions

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08/17/2017 - Artem Likhobabin

the son has a share in his father’s apartment, the shares are divided, how to get a share in money?

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08/16/2017 - Lidiya Guseva

Hello. If a person wants to donate a share of an apartment in Izhevsk, but lives in another city and cannot come, can he formalize the transaction in his city and send documents for registering an apartment in Izhevsk by registered mail? If possible, what documents are needed for this?

07/24/2017 - Irina Kulikova

what is a certificate of alienation

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06/30/2017 - Denis Gavshikov

I need to sell two rooms one at a time. We have these rooms in common shared ownership. Is it possible to make an alienation? Thank you.

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06/15/2017 - Diana Egorova

I want to transfer the apartment in favor of the state: 11:00 - 13:00

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06/12/2017 - Olga Polyakova

Good afternoon Please tell me, during a simultaneous transaction for the sale and purchase of an apartment with the help of realtors, is there a clause for payment “alienation and (or) acquisition of an apartment?” Is it necessary to pay the established basic amounts twice? And in what cases is “and” used, and in which “or”?

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05/29/2017 - Veronika Shestakova

Hello. My question: is it considered alienation of an apartment if I rent an apartment with a subsequent purchase within a certain period? Thank you.

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05/29/2017 - Yuri Narovchatov

When applying for a mortgage, the husband wrote an alienation from the apartment, what does this mean?

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05/12/2017 - Tatyana Bobrova

Hello! I am purchasing a one-room apartment with alienation. I have a minor daughter. Shares in a dorm room, mine is 5/8 and my daughter is 3/8. The MFC refused to process this transaction for me. Where the daughter is allocated 1/3 of the share.

05/11/2017 - Inna Komarova

clear the field

04/27/2017 - Yulia Tarasova

Hello! My name is. There is a need to draw up an agreement on the division of property of the spouses after a divorce and a purchase and sale agreement (or an alienation agreement, which one they cannot understand for sure) in Sberbank, in order to re-issue a mortgage loan from the main borrower to a co-borrower (i.e. to me): 15:00 - 17:00

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04/25/2017 - Dmitry Gubkin

Good afternoon, after purchasing housing under a certificate, according to the law, I must alienate the residential premises in which I now live as the owner. If this residential property is a house on a plot of land, can I “give away” only the house, but not the land?

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04/23/2017 - Alexander Babsky

Hello! I have a share of 1/4 of an apartment in Kazakhstan, I am a citizen of the Russian Federation, I will not live there, if I legally register the share, I need to alienate it after 1 year, can I lose this share? or she will be registered with me, I will never live in Kazakhstan. : 11:00 - 13:00

04/19/2017 - Irina Semenova

Hello. A mother wants to give an apartment to her adult son. Is it necessary to visit a notary or can you draw up an agreement yourself? Is the father's consent required for the transaction? : 13:00 - 15:00

04/11/2017 - Yulia Volkova

Why is the tax less on a deed of gift for an apartment (closest relative) or an alienation agreement?

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04/03/2017 - Liliya Andreeva

Hello. I served in Kazakhstan, and after my dismissal I privatized an apartment in Balkhash. My children are listed in the privatization agreement. The eldest son is married and lives in Almaty. My youngest son lives with me in Tver. The apartment has been empty for a year and a half, debts are accumulating, I am partially paying them off. Now I’m taking a vacation to go to Balkhash and resolve the issue with the apartment. I won't have time to sell. Can an alienation be made or a power of attorney for the sale.. What to do with the youngest son?

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03/25/2017 - Yulia Semenova

If I previously gave my apartment to my children and then they returned it to me by selling it to me, does this count as a sale?

03/20/2017 - Zoya Borisova

Hello! Tell me, alienation of an apartment in a dilapidated building while providing another at whose expense.?

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03/14/2017 - Marina Ilyina

Good afternoon! We own an apartment in shared construction with an area of ​​31.24 sq.m., purchased with funds from financial capital, we pay a mortgage loan for it. The shares are divided equally between the husband, wife and 3 minor children. How can a husband alienate his shares, where to go and what documents are needed? Thank you

03/12/2017 - Maxim Savasteev

Hello, I bought an apartment by agreement, which states alienation of my rights, not sale. Thus, I cannot register the property in my name.

03/09/2017 - Evgeniy Povarov

the buyer should not rush to alienate the apartment; could there be any consequences for the seller?

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02/16/2017 - Valentina Sidorova

Good afternoon IS THE CONSENT OF A SPOUSE TO ENSURE A HOME WITH A MORTGAGE IN ORDER TO RECEIVE A LOAN BY THE OTHER SPOUSE IN FAVOR OF ANOTHER PERSON IS NOT CONSIDERED ALIENATION? : 11:00 - 13:00

01/31/2017 - Valentin Breusov

what to do with an apartment if you entered into shared participation and made a down payment from personal savings, but the certificate was received during marriage and the 600 thousand mortgage was paid during the marriage

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01/30/2017 - Natalia Filippova

I need a free consultation.

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12/26/2016 - Lyubov Belyaeva

Only my son has an apartment in a dilapidated building. According to a court decision, the ex-wife allegedly must receive money to purchase a new home; can she register an apartment for other family members besides her son (my son is 16 years old)

12/15/2016 - Andrey Proskurnikov

What is alienation of a share and how can we understand it?

12/12/2016 - Irina Alexandrova

In 2013 we sold an apartment, my husband is disabled 1 year. Today I went to write an application for social housing, since I don’t have a place to live. They said they would not accept applications, 5 years must pass from the date of sale. Is this legal?

11/25/2016 - Irina Kuzmina

how to register the alienation of a residential building if it is for two owners

11/18/2016 - Vera Ilyina

I am standing in line to receive a housing certificate as someone who voluntarily left the Chernobyl zone. I joined the queue in 2013. Before the marriage, my wife had a share in her parents’ apartment, which she gave to her mother in 2014 (before the wedding). Now there are three of us in the family, and we are promised upon receipt of a certificate

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11/12/2016 - Vitaly Burin

Is it possible to discharge a person from home without a trial if he has not lived and has not lived for more than 10 years (he is not a relative or a stranger). When making the purchase, the registration document was hidden by the pastor's table.

05.11.2016 - Andrey Trushkov

Hello. Can I rent out an apartment that has no right of alienation and apply for a patent?

10/27/2016 - Vitaly Khotuntsev

Hello, please tell me whether it is necessary to notarize an apartment exchange agreement under the program for relocating citizens from dilapidated emergency funds???

10/24/2016 - Valentina Ivanova

where can I get a certificate of alienation of an apartment that was sold in 1992?

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10/20/2016 - Veronica Baranova

I take out a mortgage to buy a house from Sberbank and they require permission from the guardianship to alienate the property, for which purpose

10/18/2016 - Polina Pavlova

what is higher? Federal Law or other regulatory legal acts of the Russian Federation regarding military personnel, thank you

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10/18/2016 - Daniil Kondushkin

define alienation of residential premises, thank you

09/26/2016 - Eduard Danchev

Hello, I can’t understand the difference between alienation of a share and allocation of a share.

09/19/2016 - Victor Manakin

Hello! Please tell me about donating a share in an apartment to a non-relative, is it necessary to do so through a notary?

The question was answered over the phone.

08/06/2016 - Anastasia Bogdanova

Hello, the question is a private house in two halves, one half is decorated, the second half is partially decorated, no one will register the remaining part of the second half (the owner has died), what should I do in this case? what is alienation, is it possible to register the remaining part of the house based on alienation

08/05/2016 - Anatoly Khapugin

Hello, my name is, can my ex-wife alienate part of her house and what rights will I have to it?

07/30/2016 - Tamara Molchanova

Is it possible to exchange an apartment for a house if the apartment is in the name of a daughter after a divorce based on amicable agreement for alimony payments?

07/27/2016 - Evgeniy Makedonsky

what does it mean to agree to alienate an apartment when buying an apartment with a mortgage and what does it affect?

07/22/2016 - Mikhail Shuvaylov

Hello! We submitted an application for registration as those in need of improved housing conditions on 06/06/2016, but we were refused because... We sold our old house on May 17, 2016, citing Article 53 of the RF Housing Code. But we had no intentions of registering it because before the sale and at the time of sale of the house they did not know about the

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07/19/2016 - Nikita Gontsov

I just wrote to you with a question about alienation. I'm waiting for your call.

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07/19/2016 - Evgeniy Mamin

In what case do I sign the alienation of the real estate acquired by my husband?

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06/29/2016 - Maria Filippova

Under what conditions can a husband alienate a share in an apartment in favor of his wife if their children are registered in the apartment and the apartment was given to him by his mother?

06/20/2016 - Irina Melnikova

We bought a house under a purchase and sale agreement. Two people remained registered in the house, the contract states that they will be discharged within a month. 3 months have passed, but alas... What could be the consequences?

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06.06.2016 - Yulia Lazareva

Hello, ! Please answer who pays for notary services when selling (alienating) an apartment - the seller or the buyer?

05/26/2016 - Polina Krylova

In the village, a 3-apartment house and 1 and 2 apartments have not been used for more than 10 years. In apartment 3 - the family has lived since 1974. the land under the house is owned by the owner of apartment No. 3. Is it possible to register the entire house as property?

05/23/2016 - Yuri Frantsuzenok

The meaning of the expression is the alienation of one’s own housing when relocating from the Far North

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05/19/2016 - Evdokia Nikiforova

Good morning! Is it possible to alienate emergency housing?

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05/05/2016 - Natalya Timofeeva

there is a privatized apartment, there are no heirs, who can apply for the apartment and after how long

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05/04/2016 - Zhanna Konovalova

Hello. Please tell me. I want to give up my share in the apartment. The apartment was bought during marriage with a mortgage. Now my ex-wife and children live in the apartment. But I pay the mortgage, by mutual agreement. I want to give up my share, no matter what else O

The question was answered over the phone.

05/03/2016 - Gennady Shapira

how much does it cost to obtain a deed of alienation from a notary office?

04/26/2016 - Valentina Gerasimova

Hello, tell me, when receiving housing for social rent, how many years must pass after the sale of the property?

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04/15/2016 - Georgy Presnyakov

The husband has a private house, dilapidated, without communications, he had his own share and two more people, his grandmother and his own aunt, while the grandmother gave her share to her grandson and her husband, but the aunt voluntarily does not want to give her share and all that, while she has been living for more than 20 years in Ukraine. , has never lived in this house, only registered and has a 13 percent share, previously a father lived here with his wife and son, but the father. died and most of the share went to the son, i.e. the husband, the aunt only says in words that the husband’s house but you can’t put words anywhere and in every possible way does not want to send any document, and the husband has a minor daughter and I am the wife, we embellished it a little with our own efforts and means small cosmetic repairs to at least somehow live, this house is located in a common yard for five families, the question is how to officially formalize the document of alienation of the aunt in favor of the husband for the further sale or exchange of the house and what is needed for this, where to go and what documents to collect ,thanks in advance.

03/30/2016 - Tamara Ryabova

Hello, my grandmother died, according to the will, 2/3 went to my grandfather, 1/3 to my mother. My grandfather wants to issue a deed of gift for the exchange. I would like to know the approximate cost of this entire procedure

03/28/2016 - Egor Vakhrushev

how to write a letter that I am alienating a pile of 1.2 shares of an apartment

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03/24/2016 - Evgeniy Yurlov

In the Certificate of Registration of Property Rights, there is a gift agreement for two daughters of 1/2 shares each. Initially, my mother gave me 2/3 shares. Then I gave 1/3 to my sister and 1/3 to my mother. Receipts for payment come in my name. My sister does not pays utilities. What to do? Go to court or there is another

The question was answered over the phone.

02/23/2016 - Timur Makushin

My daughter is the owner of 1/2 of a large house. The former son-in-law sold his share to his incapacitated grandmother, whose guardian is her former mother-in-law. Now this family is forcing my daughter to literally sell Yulina’s share to them for next to nothing. Or they select obviously unsuitable options for accommodation

The question was answered over the phone.

02/10/2016 - Igor Kozoriz

Is it necessary to register an agreement for the alienation of an apartment into ownership (privatization) and obtain a certificate of ownership from Rosreestr?

02/03/2016 - Alena Koroleva

A husband and his brother take out a mortgage to buy an apartment for their mother. The bank requires consent to the alienation from both wives. What does it mean? That I will not have any rights to this apartment (Suppose in case of divorce)? Or my husband, being married, will be able to sell this apartment without my consent and manage the money

The question was answered over the phone.

01/29/2016 - Nadezhda Yakovaleva

Good evening! Did I understand correctly that alienation is a sale, a donation, a transfer under a contract....? Thank you.

01/11/2016 - Olga Tarasova

Hello Denis! Please tell me, my father sent me a power of attorney so that I could use it to give his garage to his son, but it says without the right to alienate property, that is, I understand that I cannot make a donation under such a power of attorney?

12/15/2015 - Andrey Vladychnev

The agreement for participation in the shared construction of the apartment was concluded in the name of my son-in-law, the apartment will be rented out soon, we want to register it in my name (mother-in-law). How to do it?

The question was answered over the phone.

12/14/2015 - Yuri Abramenkov

good afternoon, my son built an apartment, but wants to transfer it to us (parents) before registering it as property. How to arrange this?

The legal term “alienation of an apartment” seems incomprehensible and complex to many. In fact, there is nothing wrong with this phrase: this is the legally correct name for any transaction as a result of which an apartment passes from one owner to another.

Alienation of an apartment occurs as a result of:

• Purchase and sale transactions this is the most popular type of transaction: when selling housing and registering ownership rights to another person, real estate is alienated.
• As a result of exchanging an apartment for any material assets or when exchanging for another property of any type. In this case, alienation of housing also occurs.
• When donated, since the owner of the apartment changes.
• In all other cases, when the owner of the apartment changes forced alienation by court decision and the like. The agreement for the alienation of the apartment will take place regardless of the reason for the change of owner.

Lawyers have such a term as shared ownership of housing. It means that the apartment (or other residential premises) does not belong to a single owner, but a shared owner has a certain share in the apartment. Alienation of a share in an apartment occurs in exactly the same way; all transactions with shares are regulated by current legislation.

Cost of a share in an apartment

There is a common misconception regarding the share in an apartment, or more precisely regarding its cost. Its essence is as follows: many believe that the cost of a share equal to a quarter of an apartment is equal to the cost of a quarter of the apartment. This is far from true, because in practice, a share in an apartment is unsuitable for living, or is inconvenient or of little use; accordingly, the cost of a share in an apartment is calculated fundamentally differently, and it is significantly lower than many people think.

To complete a transaction as a result of which the apartment will become the property of another owner, consent to alienate the apartment is often required.

Consent for alienation will be required:

• When alienating an apartment by one of the married spouses from the second spouse.
• If there are family members living in the apartment and having the right to use the housing.

In some cases, a ban on alienation is imposed on a particular home, that is, transferring it into ownership to another owner is impossible until the ban is lifted. The most common cases in which the ban on alienation of housing is applied is the purchase of an apartment using mortgage lending. In this way, the bank guarantees itself that the property will not be transferred to another owner without full payment of the entire mortgage loan amount. Accordingly, alienation transactions with such housing are impossible.

Also, a ban on the alienation of an apartment can be imposed by a court decision by a bailiff, until the end of legal proceedings, payment of the owner’s debts, or for other reasons.

Documents for alienation

The necessary documents for the alienation of an apartment, which will be required when completing a purchase and sale transaction, exchange or donation, depend on whether the owner of the apartment or the new owner is married, whether minor family members live in the apartment, whether the apartment is mortgaged and on a number of others factors.

In most cases, if the seller is a respectable owner, transactions go through quickly and without unnecessary bureaucratic red tape. If an unusual situation arises, the seller and buyer can always get advice on what documents are required to submit to complete the transaction from the authorities authorized to register such real estate transactions, or from a lawyer specializing in this area.

Many people do not have a clear idea of ​​what alienation of property is. But in reality, everything is clear in this legal transaction. In order to carry out a transaction for the alienation of property, it is necessary to have knowledge in this area. It will be difficult for an unprepared person to carry out such a transaction. That is why, in order for there to be no claims to the transaction, it must be carried out with the help of a lawyer. In this article we will try to cover this topic.

What does the concept of “alienation of property” mean?

Alienation of property is the transfer to another person of various things, shares, securities. Civil law gives a simple definition: alienation of property is transfer of movable and immovable objects into the property of another person.

If we look at this from the other side, we can say that the renunciation of the right to use and the transfer of things for temporary use is not an alienation of property. Also, a waiver of intellectual property rights cannot be included in this category.

Objects of intellectual property and services of various types cannot be alienated. But money and things are what are alienated.

Ownership rights may arise in the following situations: exchange, purchase or manufacture of a thing, donation or inheritance, appropriation of a found thing. Ownership rights can arise in movable and immovable property. The list of objects to which this right may apply is enshrined in the law of the Russian Federation. And most importantly, this list is constantly growing. The right of ownership terminates if the person abandons the thing or destroys it. An immovable property may be alienated if the land plot is withdrawn for state needs. Also, if the owner improperly uses the land.

When alienating property, different agreements may be concluded between the parties:

• purchase and sale;
• exchange;
• donations.

When drawing up the first contract, the object or the item is transferred to the buyer after payment to the seller, specified and agreed upon cost. The same story happens when selling property rights.

When concluding a second contract, one a person has the right to exchange a thing for another, more important and worthwhile for him at the moment. In this case, the persons participating in the transaction are both buyers and sellers at the same time.

After all, they undertake to transfer and accept property or an item that previously belonged to another person.

As for the gift agreement, the thing is transferred to the donee. He can use it for free. Wherein the donor has every right to release the donee from the property obligations of the donee.

It is worth noting that the alienation of property can take the form of a donation. It is practically the same as a gift, but only represents the transfer of property for a public purpose. If a person does not fulfill his obligations, then alienation occurs by court decision. A person who previously held title to property loses it when it is transferred to another person. Since the latter immediately accepts this property and has legal ownership.

Alienation of a share in the right of common ownership

It should be noted that a person who is a participant in the common share has the right to a certain ideal share in this property. The Civil Code enshrines the provision that when one of the owners sells his share in the right of common ownership, the other participants have the right to buy this share. This provision does not apply to sales from public contracts.

The person who sells an ownership interest must notify the other participants in writing. In the notification, he must indicate the price and conditions under which the share is sold. If other participants in the common property do not buy the share being sold or refuse to buy it, the seller has the right to sell it on any terms and to any buyer.

When contacting a notary to formalize a transaction for the sale of a share in a common shared property, be prepared that you will be asked to bring proof that all property participants are notified of the decision. Often, the owners of a common share voluntarily provide the notary with a waiver of the right of pre-emptive acquisition of this share.

Difficulties in selling a share

Sometimes, situations arise when obtaining such evidence becomes a difficult task.

The person who is the owner of the alienated share refuses to come to the notary and sign a waiver of the sold share. Or he comes to the notary, but does not want to sign the alienation document, although he verbally gives such consent. In this case, it is necessary to formalize the transfer of the application to him. In this document, the seller must familiarize the owner of the common share with his decision, thereby informing him. As a rule, the application is arbitrary. In this case, you need to provide several specific information:

• item of sale;
• address of the property;
• the price at which the property will be sold or the specific property for which this object of sale will be exchanged.
• other terms of sale.

It is worth noting that the seller can change the terms of sale of the property at any time. About these changes must be notified to all shareholders who may qualify to purchase a share of the property. If the property is sold at a price higher than it was originally set, but under the same conditions, then it will not be necessary to provide repeated evidence that all participants have been notified. If the price has decreased, then such evidence will have to be provided again.