For the form of transactions for the alienation of real estate (purchase and sale, exchange), Article 550 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) establishes a special requirement - they are made in writing - simple or notarial, and are subject to state registration.
At the same time, transactions are mandatory in cases specified in the law, as well as in cases provided for by agreement of the parties, at least by law this form was not required for transactions of this type.
Federal Law No. 122-FZ of July 21, 1997 “On state registration of rights to and transactions with it” (Articles 24, 30) established a mandatory notarial form for transactions:
- on the alienation of shares in the right of common ownership of real estate, including the alienation by all participants in shared ownership of their shares under one transaction;
- for the alienation of real estate belonging to a minor citizen or a citizen recognized as having limited legal capacity, they are subject to notarization;
— as well as for transactions related to the disposal of real estate under the terms of guardianship.
Notarization of a transaction means checking the legality of the transaction, including whether each party has the right to complete it, which is carried out by a notary or an official who has the right to do so, in the manner established by the law on notaries and notarial activities.
When notarizing a transaction, in particular an agreement, he is guided by the rules provided for by the Fundamentals of the Legislation of the Russian Federation on Notaries (hereinafter referred to as the Fundamentals), in particular, he identifies the persons who have applied to him for certification of the transaction, explains to the parties the meaning and significance of the draft transaction presented by them, checks whether its content corresponds to the actual intentions of the parties and does not contradict the requirements of the law (Articles 43, 54-56 of the Fundamentals).
When certifying transactions aimed at alienating property, the rights to which are subject to state registration (Article 8.1 of the Civil Code of the Russian Federation), the notary verifies the ownership of this property by the person alienating it, unless, in accordance with the transaction, at the time of its completion this property is still does not belong to this person.
At the same time, the information necessary to certify the transaction contained in the Unified State Register of Rights to Real Estate and Transactions with It, or information entered in the State Real Estate Cadastre, is requested by notaries independently and received in accordance with the Federal Laws of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it”, dated July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre” deadlines.
Certification of contracts for the alienation of a residential building, apartment, cottage, garden house, garage, as well as a land plot is carried out at the location of the specified property.
Within the meaning of Article 48 of the Fundamentals, a notary certifies a transaction if it complies with the requirements of the law, and the documents submitted for its completion comply with the requirements of the law.
When drawing up a real estate purchase and sale agreement, you should pay attention to it and the features of its conclusion.
The contract for the sale of real estate must contain data that makes it possible to definitely identify the real estate to be transferred to the buyer under the contract, including data that determines the location of the real estate on the relevant land plot or as part of other real estate. In the absence of this data in the contract, the condition on the real estate to be transferred is considered not agreed upon by the parties, and the corresponding one is not considered concluded.
The contract for the sale of real estate must stipulate the price of this property.
If the contract does not contain a condition agreed upon in writing by the parties regarding the price of the real estate, the contract for its sale is considered not concluded. In this case, the rules for determining the price provided for in paragraph 3 of Article 424 of the Civil Code of the Russian Federation do not apply.
Unless otherwise provided by law or a contract for the sale of real estate, the price of a building, structure or other real estate located on a land plot established therein includes the price of the corresponding part of the land plot or the right to it transferred with this real estate.
In cases where the price of real estate in the contract for the sale of real estate is set per unit of its area or other indicator of its size, the total price of such real estate to be paid is determined based on the actual size of the real estate transferred to the buyer.
The transfer of real estate by the seller and its acceptance by the buyer are carried out according to a transfer deed or other transfer document signed by the parties.
Unless otherwise provided by law or contract, the seller's transfer of real estate to the buyer is considered completed after the delivery of this property to the buyer and the signing of the relevant transfer document by the parties.
Failure of one of the parties to sign a document on the transfer of real estate on the terms stipulated by the contract is considered a refusal, respectively, of the seller’s obligation to transfer the property, and the buyer’s refusal of the obligation to accept the property.
Acceptance by the buyer of real estate that does not comply with the terms of the contract for the sale of real estate, including in cases where such non-compliance is specified in the document on the transfer of real estate, is not a basis for releasing the seller from liability for improper execution of the contract.
In the event that the seller transfers to the buyer real estate that does not comply with the terms of the contract for the sale of real estate regarding its quality, the rules of Article 475 of the Civil Code of the Russian Federation are applied, with the exception of the provisions on the buyer’s right to demand the replacement of goods of inadequate quality with goods that comply with the contract.
Under a contract for the sale of a building, structure or other real estate, the buyer, simultaneously with the transfer of ownership of such real estate, is transferred the rights to the land plot occupied by such real estate and necessary for its use.
In the case where the seller is the owner of the land plot on which the property being sold is located, the buyer is transferred the ownership of the land plot occupied by such real estate and necessary for its use, unless otherwise provided by law.
The sale of real estate located on a land plot that does not belong to the seller by right of ownership is permitted without the consent of the owner of this plot, unless this contradicts the conditions of use of such a plot established by law or agreement.
When selling such real estate, the buyer acquires the right to use the corresponding land plot under the same conditions as the seller of the real estate.
An essential condition of the contract for the sale of a residential building, apartment, part of a residential building or apartment in which persons who, in accordance with the law, retain the right to use this residential premises after its acquisition by the buyer live, is a list of these persons indicating their rights to use the residential premises being sold.
The specifics of the purchase and sale of residential premises that meet the conditions for classification as economy class housing established by the authorized federal executive body are determined by law.
The specifics of the purchase and sale of an enterprise are provided for in Articles 559-566 of the Civil Code of the Russian Federation.
It should also be taken into account that if a third party, a body of a legal entity or a state body or a local government body is required to complete a transaction by force of law, the third party or the relevant body informs the person who requested the consent or another interested party about its consent or refusal within a reasonable time after receiving the application from the person requesting consent.
The preliminary consent to carry out a transaction must define the subject of the transaction to which consent is given. Upon subsequent consent (approval), the agreement to which consent has been given must be indicated.
Silence is not considered consent to complete a transaction, except in cases established by law (Article 157.1 of the Civil Code of the Russian Federation).
In order for one of the spouses to enter into a transaction for the alienation of real estate, which is the common property of the spouses, it is necessary to obtain the notarized consent of the other spouse (Article 35 of the Family Code of the Russian Federation).
When selling a share in the right of common ownership of real estate to an outsider, it is necessary to take into account that the seller of the share is obliged to notify in writing the other participants in shared ownership of his intention to sell his share, indicating its price and other conditions under which he sells it.
A transaction for the sale of a share in the right of common ownership of real estate to an outsider can be notarized no earlier than one month from the date the seller notifies the remaining participants in the shared ownership of the share. If the notary establishes that the seller of the share has submitted documents confirming the refusal of the remaining participants in shared ownership to purchase his share, the transaction can be completed before the expiration of a month from the date the seller of the share notified the remaining participants in shared ownership.
The seller can notify about the sale of a share in the right of common shared ownership of real estate independently, as well as through a notary in the manner prescribed by Article 86 of the Fundamentals. When performing a notarial act of transmitting a seller’s notice within the framework of Article 86 of the Fundamentals, the notary does not verify the accuracy of the information provided by the applicant about the co-owner and the address to which the notice should be sent.
When certifying transactions for the alienation of real estate by a notary, a notary fee is charged, as well as a fee for the provision of legal and technical services. At the same time, the notary fee for certifying transactions depends on whether certification of the transaction is mandatory by law or whether the notarial form of the transaction is optional.
For certification of a transaction for which the legislation of the Russian Federation does not provide for a mandatory notarial form, the notarial fee is charged by the notary in the amount established in accordance with the requirements of Article 22.1 of the Fundamentals. If the notarial form of the transaction is required, the notary charges a notarial fee in the amount and taking into account the specifics established by the Tax Code of the Russian Federation.
The notary fee established by the Fundamentals for certification of transactions the subject of which is the alienation of real estate is:
spouse, parents, children, grandchildren depending on the transaction amount:
up to 10,000,000 rubles inclusive - 3,000 rubles plus 0.2 percent of the valuation of real estate (transaction amount);
over 10,000,000 rubles - 23,000 rubles plus 0.1 percent of the transaction amount exceeding 10,000,000 rubles, but not more than 50,000 rubles;
to other persons depending on the transaction amount:
up to 1,000,000 rubles inclusive - 3,000 rubles plus 0.4 percent of the transaction amount;
over 1,000,000 rubles up to 10,000,000 rubles inclusive - 7,000 rubles plus 0.2 percent of the transaction amount exceeding 1,000,000 rubles;
over 10,000,000 rubles - 25,000 rubles plus 0.1 percent of the transaction amount exceeding 10,000,000 rubles, and in the case of alienation of residential premises (apartments, rooms, residential buildings) and land plots occupied by residential buildings - no more than 100,000 rubles
In the event that a transaction for the alienation of real estate is subject to mandatory notarization by force of law, the notary fee is charged by the notary in accordance with subparagraph 5 of paragraph 1 of Article 333.24 of the Tax Code of the Russian Federation, as for certification of other agreements, the subject of which is subject to assessment, if such certification is required in accordance with the legislation of the Russian Federation, and amounts to 0.5 percent of the contract amount, but not less than 300 rubles and not more than 20,000 rubles.
When certifying transactions the subject of which is the alienation of real estate that has a cadastral value, if the assessment given to this real estate by the participants (parties) of the transaction is lower than its cadastral value, the cadastral value of this real estate is used to calculate the tariff.
an official authorized by the state who has the right to perform notarial acts on behalf of the Russian Federation in the interests of Russian citizens and organizations (legal entities).a method of ensuring the fulfillment of obligations, allowing the creditor (pledgee) in the event of non-fulfillment or improper performance by the debtor of the obligation secured by the pledge, to receive satisfaction from the value of the pledged property (collateral) preferentially before other creditors of the person who owns the pledged property (pledgor). The subject of collateral can be material assets, manufactured products, land plots or other property owned by the borrower.conditions on the subject of the contract, conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached.a legal situation due to which one person (debtor) is obliged to perform a certain action in favor of another person (creditor) (for example, transfer property, perform work, provide a service, contribute to a joint activity, pay money, etc.), or refrain from a certain action, and the creditor has the right to demand that the debtor fulfill his obligation.checking the legality of the transaction, including whether each party has the right to complete it. Carried out by a notary or an official who has the right to perform such a notarial act, in the manner determined by the Fundamentals of the legislation of the Russian Federation on notaries and civil legislation.an agreement under which one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) certain property or a property right (claim) to himself or a third party, or releases or undertakes to release it from a property obligation to himself or a third party. Gratuitousness is the main classifying feature of a gift agreement; if there is a counter-transfer of a thing or right or a counter-obligation, the contract is not recognized as a gift. An agreement providing for the transfer of a gift to the donee after the death of the donor is void.a document granting a person the right to perform a certain action by a person whose consent is required to complete a particular transaction in accordance with the law. Notarized consents include: consent of the spouse to complete a transaction (both for the acquisition and alienation of property), consent to refuse privatization, consent to travel abroad of a minor child, consent of the owners (tenants) of housing for temporary registration.the ability of a citizen, through his actions, to acquire and exercise civil rights, create civil responsibilities for himself and fulfill them. The capacity and legal capacity of a citizen are mandatory for his participation in civil legal relations. Legal capacity arises in full upon reaching the age of majority – 18 years. Until a person reaches the age of eighteen, legal capacity is acquired through marriage and emancipation.certain actions (or inaction) as a result of which the owner of the property changes. With the transfer of ownership, the new owner has legal grounds for ownership, disposal and use of property. As a rule, the basis for transfer of ownership is the completion of a transaction.an agreement between two or more persons to establish, change or terminate civil rights and obligations.land plots, subsoil plots and everything that is firmly connected to the ground, that is, objects the movement of which is impossible without disproportionate damage to their purpose, including buildings, structures, unfinished construction objects, as well as parts of buildings intended to accommodate vehicles (machines) -places). Immovable property also includes aircraft, sea vessels and inland navigation vessels subject to state registration.actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations.a legally significant action performed by a notary or an authorized official in accordance with the Fundamentals of the legislation of the Russian Federation on notaries.Alienation of property
Alienation of property
Alienation of property - in civil law - the transfer of property belonging to one person to the ownership of another person.
Alienation of property is one of the ways the owner exercises the right to dispose of property, carried out for a fee or free of charge. There are:
- alienation at the will of the owner: purchase and sale or donation; And
- alienation against the will of the owner: confiscation, requisition or forced sale of the debtor’s property in order to collect a debt awarded by a court.
In English: Alienation
Synonyms: Alientation
Finam Financial Dictionary.
See what “Alienation of property” is in other dictionaries:
- (fraudulent conveyance) Transfer of property to another person so that it does not fall to creditors. For example, if a husband transfers his house into his wife's name because he realizes that his business is on the verge of bankruptcy, the court may annul... ... Dictionary of business terms
- (fraudulent conveyance) Transfer of property to another person so that it does not go to creditors. So, if a husband, realizing that his business is on the verge of bankruptcy, transfers his house into his wife’s name, the court can annul such a transaction in... ... Financial Dictionary
alienation of property aimed at defrauding creditors- Transfer of property to another person so that it does not go to creditors. So, if a husband, realizing that his business is on the verge of bankruptcy, transfers his house into his wife’s name, the court can annul such a transaction in accordance with the Law on... ... Technical Translator's Guide
See Alienation... Encyclopedia of Law
Forced alienation of property- see Alienation... Large legal dictionary
Alienation of property (property rights) is the transfer of things into the ownership of another person, as well as the transfer of ownership or any property right (including rights expressed in securities) by its owner to another person. From alienation... ... Wikipedia
ALIENATION- in civil law, alienation is the transfer of property into the ownership of another person; Alienation is one of the ways the owner exercises the right to dispose of his property. There are different types of alienation for compensation (purchase... ... Legal Dictionary of Modern Civil Law
This term has other meanings, see Alienation. Alienation of property (property rights) transfer of things into the ownership of another person, as well as transfer of ownership or any property right (including rights, ... ... Wikipedia
In civil law, the transfer of property into the ownership of another person; one of the ways the owner exercises the right to dispose of his property. A distinction is made between paid (purchase and sale) and gratuitous (donation).... ... Financial Dictionary
Greetings! In my opinion, laws are deliberately written so that no one except lawyers and notaries can understand them. How do you like this phrase “alienation of movable and immovable property located in the Russian Federation for compensation”?
When I encounter any legal text, I first translate it into “human” language. Sometimes this can only be done with the help of familiar lawyers. And even after such a “translation,” the meaning of the document often remains vague.
Therefore, today I decided to look into this issue of alienation of property. What does this term mean and who does it concern? And most importantly, what property and when can be alienated without the consent of the owner?
The term “alienation” is simply deciphered. When property or the right to it passes from one owner to another, lawyers call it “alienation.” If you were once the owner of an apartment or house, and then this property was given or sold to someone, “alienation of property” has occurred. And if, God forbid, the same property was sued by the bank for non-payment of the mortgage, “alienation” also occurred.
Once again: alienation is when property or (the rights to it) is transferred from one owner to another (voluntarily or forcibly). The “alienator” can be individuals and legal entities, as well as government agencies (municipal or territorial).
What is not considered alienation under the law?
- Transfer of property for temporary use (for example, if you rent out your apartment).
- Relinquishment of property rights (for example, refusal of inheritance).
- Destruction or loss of property or rights to it.
- Termination of property rights by court decision.
What property can be alienated?
Only objects or things (including money) and rights to something (to own securities, for example) can be alienated. Objects of intellectual property, as well as services/works, are not alienated.
Three categories of alienation objects
Real estate
As soon as the owner of an apartment, house or land changes, the property is considered “alienated”. Methods of alienation: purchase, sale, gift, exchange or rent. In case of forced expropriation, real estate may be seized from the owner by decision of a court or government agency.
Securities
Technically, the alienation of securities occurs in one of the following ways:
- Placement of registered securities (receipt entries are made on the accounts of the first owners in the depository or registrar).
- Placement of documentary bonds (receipt entries are made on securities accounts or certificates are issued to the first owners).
In essence, securities are alienable in the same way as real estate: they can be sold, donated, exchanged, or lost (as a result of confiscation, for example).
Intellectual copyright
Intellectual property is works of science, art and literature, databases, inventions, computer programs, know-how, industrial designs and much more. The one who owns the result of intellectual activity has the exclusive right to it. He can allow or prohibit others from using the “something” he has invented.
To obtain an “exclusive right to the result of intellectual activity,” it must be officially registered with a government agency. Only after this the exclusive right receives the status of a “good” that can be sold, donated and exchanged.
An agreement on the alienation of an exclusive right is concluded in writing. It must specify the amount and procedure for payment of remuneration (by the way, this can also be a percentage deduction from income, and not just a one-time payment). In addition to exclusive rights, there are also intellectual and personal non-property rights. Such rights are not included in alienation transactions!
Voluntary and forced alienation
Voluntary alienation of property
Sale. There are two parties involved in a transaction: the seller and the buyer. The transfer of property from one owner to another is formalized by a purchase and sale agreement. Alienation is possible only after state registration of property owners!
Giving. In this case, the property changes its “owner” free of charge under a gift agreement. If you alienate something in favor of a relative, the transaction is exempt from taxation. The “stranger” will have to pay 13% of the cost of the “gift” to the budget.
In legal practice, it happens that a gift is a forced alienation. The owner is forced to draw up documents against his will. And after he signs the agreement, it is almost impossible to prove the fact of coercion in court.
Exchange. The exchange is formalized by two sales and purchase agreements. Each participant in the transaction acts as both a seller and a buyer. By law, only property of equal value can be exchanged. If the exchange involves an additional payment, then this amount is subject to personal income tax.
Rent. Oddly enough, rent also refers to alienation. You can sign a life annuity agreement with the seller of the property. Until the end of his life, you undertake to provide the maintenance of the current owner of the apartment. And only after his death the property will become your property.
In this case, the seller can only be individuals or non-profit organizations!
Forced alienation of property
Such alienation is usually applied by a court decision on confiscation or requisition of property. For example, when the owner cannot pay child support or debt. Or when the transfer of rights is dictated by state necessity (extraordinary circumstances: large-scale disasters, public danger). This, theoretically, also includes the confiscation of property of corrupt officials if the owner is unable to confirm that he acquired it legally.
The law provides for situations when a Russian can be forcibly deprived of ownership of real estate:
- Collection of real estate according to the owner’s obligations (by law, by court or by contract).
- In connection with the end of a rental or lease agreement.
- If the land plot on which the property stands is seized.
- Alienation for the needs of the municipality or the state.
- Alienation due to requisition or confiscation.
- Termination of rights if the property is used for other purposes.
Type of forced alienation: state. For example, when a land plot falls into a state development zone. This is possible only subject to equivalent and preliminary compensation for the value of the property.
Alienation of real estate in favor of the state is possible:
- By decision of executive bodies (municipal, regional or federal).
- With full reimbursement of the cost of the object.
- With the consent of the property owners.
- When “good news” is announced to the owner at least a year before the actual alienation.
- By a court decision, where the government agency will prove its case (in the case where the owner of the property does not agree to voluntarily part with it).
Alienation of leased property
SMEs have a pre-emptive right to purchase leased property, which is in the state ownership of the Russian Federation.
This is possible if two conditions are met:
- Tenants have no rent arrears.
- The property is rented for two or more years under a contract.
In Moscow, the redemption service can be ordered free of charge on the official website of the Moscow Mayor (https://www.mos.ru).
Alienation of a share in an apartment
The procedure for alienation of real estate is easy and quick when it has one and only owner. If you solely own a garage, a plot of land or an apartment in a new building, you can sell or donate all of this without consulting anyone.
But such an “ideal” situation rarely develops. Much more often, after moving into an apartment or house, the property has several owners. This form of ownership is called common share. The parties may be close relatives. And each of them will own their own share of the real estate (say, one third).
So, how to sell a share of an apartment, taking into account the features of such transactions:
- Determine the market price of your share.
- You offer the other owners of the apartment to buy it. Owners of shared real estate have a priority right to redemption!
- You draw up a notice (the form of the document can be any) about the sale of your share. There is no need to have the notice certified by a notary. The document can be given to other participants in person, sent by mail (registered mail) or transferred through a notary. The last option is used when the owners of other shares avoid receiving notification.
- Participants are given one month to make a decision. If, after the expiration of the period, they refused to purchase (or simply did not give any response), the share can be sold to third parties.
It is advisable to certify in writing the refusal of all owners to purchase an apartment from a notary. The best insurance against future troubles is their refusal to purchase.
The fact is that within three months after the purchase and sale transaction, the co-owners can challenge it. And if all the rules of civil law are not followed, the court may well declare the sale of the share invalid. And if the refusal is received, it means that you can sell your share earlier than in a month.
Since 2017, all transactions with real estate shares must go through a notary (not only sales, but also donations, exchanges, inheritances)!
What documents are needed to alienate property?
Most foreclosure transactions involve the sale or transfer of real estate. Other alienation options (donation or confiscation) are much less common in practice.
List of seller documents for drawing up an alienation agreement (sale of an apartment):
- Title document (which confirms his right to own real estate). Purchase options:
- bought (purchase and sale agreement);
- received as a gift or exchanged (contract of gift or exchange);
- privatized (privatization document);
- received as an inheritance (certificate of right to inheritance).
- Title documents (prove that the property belongs to this particular seller). From January 1, 2017, state registration of real estate is confirmed by an extract from the Unified State Register of Real Estate. Another important point is included there: that there are no encumbrances or liens on the apartment.
- Seller's ID (passport).
- A copy of the financial personal account and a certificate of absence of debt on utility bills.
- A signed purchase and sale agreement (it is this that, from a legal point of view, fixes the process of alienation of property).
- The fact of transfer of rights is confirmed only by official state registration of rights in the register. Where do you get permission? After the purchase and sale of real estate, you need to order a new extract from the Unified State Register of Real Estate. You will have to pay a state duty and tax on the sale of real estate (if the apartment was owned for less than three or five years, it depends on the date of purchase).
- Consent of the spouse to the sale of the apartment or share in it (if the apartment was purchased during marriage). All property owners must agree to the sale! You will also need the consent of the guardianship authorities if minors are registered in the apartment.
Alienation of property of a minor
If the child is under 14 years old, then legal representatives (parents, guardians, adoptive parents, representatives of guardianship authorities) act on his behalf. The minor owner does not participate in the transaction itself (his presence and personal signature are not required).
If the child is between 14 and 18 years old, he participates in the transaction and puts his signature on the documents. But only in the presence and with the consent of legal representatives. It is not possible to alienate the property of a minor in all cases (even with his consent). For example, if an apartment is for sale, then in return you can buy either better or equivalent housing.
Conclusion
Alienation of property is the same purchase and sale, gift or, God forbid, confiscation. The definition of the term is simple and logical: alienation is when property or the right to it passes from the old owner to the new owner (voluntarily or forcibly, for money or free of charge).
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.
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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.
The question was answered over the phone.
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.
The question was answered over the phone.
07/31/2018 - Klavdiya Bobrova
Can my husband, after the divorce, alienate the apartment (he is the owner) my daughter and I are registered in it, and will it be legal?
The question was answered over the phone.
05/23/2018 - Irina Kuznetsova
Hello, I need a form of alienation certificate for purchase and sale
The question was answered over the phone.
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. Is it necessary to draw up a separate 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. How to understand this?
The question was answered over the phone.
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
The question was answered over the phone.
03/07/2018 - Marina Romanova
Hello! I would like to know what is foreclosure? What actions are covered by it?
The question was answered over the phone.
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.
The question was answered over the phone.
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?
The question was answered over the phone.
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 start? What documents are needed from parents? : 17:00 - 19:00
The question was answered over the phone.
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
The question was answered over the phone.
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?
The question was answered over the phone.
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
The question was answered over the phone.
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.
The question was answered over the phone.
06/15/2017 - Diana Egorova
I want to transfer the apartment in favor of the state: 11:00 - 13:00
The question was answered over the phone.
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”?
The question was answered over the phone.
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.
The question was answered over the phone.
05/29/2017 - Yuri Narovchatov
When applying for a mortgage, the husband wrote an alienation from the apartment, what does this mean?
The question was answered over the phone.
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
The question was answered over the phone.
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?
The question was answered over the phone.
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?
The question was answered over the phone.
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?
The question was answered over the phone.
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.?
The question was answered over the phone.
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?
The question was answered over the phone.
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
The question was answered over the phone.
01/30/2017 - Natalia Filippova
I need a free consultation.
The question was answered over the phone.
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
The question was answered over the phone.
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?
The question was answered over the phone.
10.20.2016 - Veronika 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
The question was answered over the phone.
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
The question was answered over the phone.
07/19/2016 - Nikita Gontsov
I just wrote to you with a question about alienation. I'm waiting for your call.
The question was answered over the phone.
07/19/2016 - Evgeniy Mamin
In what case do I sign the alienation of the real estate acquired by my husband?
The question was answered over the phone.
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?
The question was answered over the phone.
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
The question was answered over the phone.
05/19/2016 - Evdokia Nikiforova
Good morning! Is it possible to alienate emergency housing?
The question was answered over the phone.
05/05/2016 - Natalya Timofeeva
there is a privatized apartment, there are no heirs, who can apply for the apartment and after how long
The question was answered over the phone.
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?
The question was answered over the phone.
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
The question was answered over the phone.
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 my sister 1/3 and my mother 1/3. 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 owns 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 this?
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?
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