In some cases, ownership of real estate does not imply ownership of all apartment or House, but only for a certain part of them. Part of the total living space could be inherited, as a result of division of property in case of divorce, could be donated or bought. Such owners are naturally interested in the question, how sell part of the house or apartments. Let's analyze all the options sale of a share in a house, stipulated by Ukrainian legislation.
Ownership of part of the house implies the right to common ownership, which can be of two types, on which the order and possibility of selling a part of real estate depends.
First option - shared ownership, second - joint. Share implies a clear definition of shares and this is a plus for that, who is interested, how to sell a share in a house, because the article 361 Civil Code of Ukraine provided for the right to independently dispose of their own share in joint shared ownership.
In the case of joint property, everything is more complicated., because the by law you, together with co-owners, own the entire house on equal terms. It happens, that it is impossible to physically isolate parts of each owner, but in this case, the documentation states, which share each owner owns, and the property becomes shared. Is it possible and how to sell part of a house in Ukraine with this form of ownership in compliance with the law? Turns out, this is possible only with the consent of the co-owners. Read more - further.
In both cases the law provides predominant right of the co-owner to purchase part of the house. Each co-owner must be notified of the intention to sell and the price. This is often formalized: realtor, the seller or the notary accompanying the transaction sends letters to all co-owners announcing the planned sale. For consideration of the proposal to make a purchase to co-owners given a month. If co-owners wish to part of the house, they will need to sell, moreover, because they have the advantage.
If the co-owners refused to purchase, they have to secure it with a statement, personally certified by a notary. Difficulties arise with that, that co-owners do not always want to visit a notary to solve other problems, this is a minus. As we can see, owning part of the property better to be friends with neighbors and co-owners, then there will be more chances to agree.
If the property is shared, you must first carry out the procedure for allocating a share in it, otherwise you won't be able to sell. After all, a real estate appraisal is needed for a sale, and the value of a share implies a documented determination of this share. Thus, before looking for an answer to the question, how to sell half of the house, from the owner there must be a document about that, that he owns ½ share of the house.
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Given the difficulties with the notarized refusal of the co-owners, and sometimes looking for them, many have a question, how to sell part of a house without the consent of neighbors and is it possible.
maybe, there are several options and they are all not ideal. First option - collect information about co-owners, send them letters with an offer to purchase a share, wait a month, and, if no one responds, start the sale procedure. To do this, you need to find real estate office, who will agree to accompany such a transaction. Not everyone agrees to this, as there is a risk of co-owners going to court with attempts to cancel the transaction.
Second option - to issue a deal with a donation agreement. However, according to the legislation, the gifted must pay tax at the rate of 5% from the cost of housing and 1,5% military collection. This can turn into a serious amount., even if the cost of a part of the house is quite modest. The thing is, that for the transaction it is necessary to obtain an official real estate appraisal, and it is not based on the condition of your house and the cost accepted between the parties, but on the average value of real estate in a particular region, the city, district. If, eg, average house price in Odessa million hryvnia, and in the Odessa region 500 thousand, then this is how the house will be valued, involved in a transaction, even if you sell it for 100 thousand hryvnia. It is from the official cost that the tax will be calculated.
If it is important to sell part of the house, you will have to choose one of the options described. Hopefully, that with knowledge of all the nuances, your choice will be deliberate and balanced.
During the first two years after the start of the large-scale invasion, the real estate market in Ukraine experienced temporary stagnation, however, he quickly began to adapt to the current circumstances, forming new priority areas.
With the beginning of a full-scale invasion 24 February 2022
in 2023 about a year 50% apartments, acquired
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