How to make the apartment for two
Registration of ownership rights, when buying an apartment for two, there is the general procedure in accordance with article 131 number to claim 1 of the Civil Code and the Federal Law № 122-F3. A distinctive feature of the deal when buying an apartment for two is a compilation of the contract of sale in accordance of the Civil Code article № 454 with the latest changes from 01.01.96. and the number of the Civil Code article 244 item 3.
You will need:
- passport of all participants in the transaction, - documents of title to the apartment - notarial permission from all owners, - Resolution of custody and guardianship, if among the owners are minors, incapable or partially capable persons - a contract of sale, - the act of reception and transmission - registration of common share ownership.
Instruction how to issue an apartment for two
The last article is taken into account only if the marriage is not registered and there is no common shared property, which includes Article 256 number to claim 1 of the Civil Code and Article number 34 para. 1 of the Family Code. The regulations of these articles say that it does not matter to whom property of the spouses is framed in a period of joint registered marriage, according to the law it is in any case belongs to both spouses, unless otherwise specified in the marriage contract.
Therefore, if the marriage is registered and there is no marriage contract, it is possible to issue an apartment for either spouse. By law, it will be owned by them in equal share ownership.
If the marriage is not registered or an apartment is issued for two people who are not husband and wife, the hallmark design of the sales contract is an indication of the fact that the apartment is purchased in common share property buyers.
Everything else is decoration has the distinctive features of the normal purchase and sale. As with the normal transaction of property seller should be its owner, be prepared documents for sale, which include an excerpt from the cadastral passport apartment, cadastral plan, notarial permission from all the co-owners for sale in accordance with Article of the Civil Code of the Russian Federation № 244 para. 3 of the general share property. From the apartment must be all discharged. If the general share property owners were minors, incapable or partially capable citizens who need a resolution of the guardianship authorities for sale.
After signing the contract of sale and act of acceptance and transfer, property rights need to be registered with the Federal Registration Centre for a single registration of real estate and transactions with it. On the basis of the contract of sale drawn up for sale apartments in the common ownership, real estate register, and will be given a certificate of common share ownership.