Transactions with real estate, in particular an apartment, according to modern legislation, must be executed in a notarial order. Regardless of the form of alienation, except in cases of forced seizure of this property.
Voluntary alienation
The following forms of voluntary transfer are legally provided for real estate from one person to another:
- sale;
- donation;
- transfer under a life maintenance contract.
All described agreements, under which the alienation of an apartment (a share of an apartment) takes place, are certified by a notary and must be registered in the relevant government agency(Article 18 of the Housing Code of the Russian Federation), which maintains a register of real estate objects (Rosreestr).
It is worth remembering that when alienating real estate that is in shared, common ownership, or the object was acquired during the period when the owner was in a marriage relationship, to complete such a transaction, consent to the alienation of the apartment of co-owners or a 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 data of the person receiving the property;
- description of the object of the contract, indicating the areas, available registration numbers, and also, 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 contract for the alienation of an apartment must contain data on the presence or absence of registered persons who do not have legal capacity, namely minors, or incapacitated (limitedly capable) persons. In this case, consent to the transaction must be obtained not only from the legal (appointed by the court) 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 contract for the sale of an object, but also in other forms of alienation. A donation for an apartment, as well as a life maintenance agreement, must be notarized and pass state registration.
Forced expropriation
Legislation provides for several cases when the alienation of residential premises can be made forcibly:
- confiscation of property by court order;
- seizure of property by a court decision, as from an illegal or unscrupulous purchaser;
- the sale of an immovable object in the course of the enforcement of decisions of the judiciary.
There is one exception from the last paragraph - residential premises cannot be sold to pay off existing debts if this is the only housing suitable for the debtor and his family to live.
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The sale of a share in a privatized apartment is regulated by civil law. Privatized housing occurs in situations where premises at the disposal of the state are transferred to citizens on ...11/15/2018 - Mikhail Taraskin
Hello! The bailiffs seized the mortgage apartment. On the property of the guarantor, too. Tell me, is it possible to keep the guarantor's property by giving away the collateral, i.e. apartment?
09/15/2018 - Anastasia Danilova
Hello, I received citizenship, but I don’t have permanent registration, I want to purchase a share of 8 m2, can a family from four people registration because I read that the MFC refuses to register if there is a share
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09/12/2018 - Egor Bektemirov
Apartment in common shared ownership: me, wife and son. Divorced from his wife. The son has been disabled 1gr for 8 years already, incapacitated. I am a guardian.
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08/07/2018 - Tamara Semenova
Hello. The owners of real estate are 3 people. by inheritance. 1/3 share belongs to a minor. How does the transaction for the sale of 1/3 of the child's share take place, in what order? We already have permission from the authorities. 1/3 share is redeemed by the owners of 2/3 shares. Thank you.
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07/31/2018 - Claudia Bobrova
Can the husband, after the dissolution of the marriage, 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 when buying a sale
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05/15/2018 - Petr Rogalyukhin
hello, we have such a 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 an apartment so that my grandmother is not touched, she is already moving badly. do I need to draw up an agreement on the alienation of a share separately, so that, for example, one of us conducts business? An old cadastral passport, can I get it for all of it, 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 housing needs 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 the expropriation of housing? What actions fall under it?
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01/18/2018 - Vyacheslav Smetannikov
good evening. I put an apartment for sale, and in the register I can’t alienate
12/12/2017 - Vera Veselova
I am waiting for your call on request.
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11/08/2017 - Sergey Kinzhalov
Hello, after the death of my father, I entered into inheritance rights for an apartment in another region in 2015. Later, in court, a settlement agreement was concluded on the refusal of a share of the apartment in favor of his wife in 2016. Now from the tax office at the place of residence I received a letter 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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04.10.2017 - Grigory Karamzin
Good afternoon! I want to sell an apartment. Of the documents, there is only a privatization agreement for parents and me. Where to begin? What documents are required from parents? : 17:00 - 19:00
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08/24/2017 - Andrey Kulemkin
I am the wife of a serviceman participated in the privatization of an apartment, underage, how to make alienation so that there is no deterioration living conditions
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08/17/2017 - Artem Likhobabin
the son has a share in the father's apartment the shares are divided how to get a share in money?
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08/16/2017 - Lidia 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 make a deal in his city and send documents for registering an apartment in Izhevsk by registered mail? If so, what documents are required for this?
07/24/2017 - Irina Kulikova
what is a withdrawal certificate
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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 make the alienation of the apartment in favor of the state: 11:00 - 13:00
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06/12/2017 - Olga Polyakova
Good afternoon Tell me, please, with a simultaneous transaction for the sale and purchase of an apartment with the help of realtors, there is a point for paying "alienation and (or) purchase of an apartment" Do I need to pay the established base values 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: is it considered alienation of an apartment if I rent an apartment with a subsequent purchase in certain period? Thank you.
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05/29/2017 - Yuri Narovchatov
When applying for a mortgage, the husband wrote alienation from the apartment, what does this mean?
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05/12/2017 - Tatyana Bobrova
Hello! I have a purchase one-room apartment with alienation. There is a minor daughter. Shares in a dorm room, mine 5/8 and daughters 3/8. The MFC refused to formalize 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 an OH purchase and sale agreement (or an alienation agreement, which one they can’t understand exactly) to Sberbank in order to reissue 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 acquiring housing under a certificate, according to the law, I must make the alienation of the residential premises in which I now live on the right of the owner. If this dwelling is a house on a land plot, 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 draw up a share, I need to do an alienation after 1 year, can I lose this share? or she will be registered with me, I will not live in Kazakhstan when. : 11:00 - 13:00
04/19/2017 - Irina Semenova
Hello. Mom wants to give an apartment to her adult son. Do I need to visit a notary or can I draw up a contract myself? Do I need the consent of the father for the transaction? : 13:00 - 15:00
04/11/2017 - Yulia Volkova
what is the lower gift tax on an apartment (closest relative) or an alienation agreement
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04/03/2017 - Lilia Andreeva
Hello. I served in Kazakhstan, 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. The youngest son lives with me in Tver. The apartment has been empty for a year and a half, debts are accumulating, I partially pay. Now I'm taking a vacation to go to Balkhash and resolve the issue with the apartment. I won't be able to sell. Can alienation be done or a power of attorney for sale .. What about the youngest son?
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03/25/2017 - Yulia Semenova
if earlier I gave my apartment to children, then they returned it to me by selling it to me, does this mean a sale?
03/20/2017 - Zoya Borisova
Hello! tell me, the alienation of an apartment in an emergency building when another is provided 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. shares, where to apply and what documents are needed? Thank you
03/12/2017 - Maxim Savasteev
Hello, I bought an apartment by agreement in which the alienation of my rights is written, and not the sale. Thus, I cannot register the property for myself.
03/09/2017 - Evgeny Povarov
the buyer is not in a hurry to carry out the alienation of the apartment can there be any consequences for the seller
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02/16/2017 - Valentina Sidorova
Good afternoon IS A SPOUSE'S CONSENT TO LOANING THE HOUSING WITH A MORTGAGE FOR THE OTHER SPOUSE TO LOAN IN FAVOR OF ANOTHER PERSON IS NOT CONSIDERED A DISTRIBUTION? : 11:00 - 13:00
01/31/2017 - Valentin Breusov
what to do with an apartment if you entered into equity participation and made the first installment from personal savings, but the certificate was received in marriage and 600 thousand mortgages were paid during 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 an emergency building. According to a court decision, the ex-wife should allegedly receive money for the acquisition of new housing, can she register an apartment for other family members except for her son (son is 16 years old)
12/15/2016 - Andrey Proskurnikov
what is share alienation how to understand it?
12/12/2016 - Irina Aleksandrova
In 2013, they sold the apartment, the husband is disabled 1 gr. Today I went to write an application for social housing, because I do not have housing. They said they would not accept applications, 5 years should pass from the date of sale. Is it legal?
11/25/2016 - Irina Kuzmina
how to formalize 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 having voluntarily left the Chernobyl zone. I joined the queue in 2013. Before 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 neither related, nor someone else). When making a purchase, the fact of registration was hidden by the pastor table.
11/05/2016 - Andrey Trushkov
Hello. Can I rent an apartment that is without the right of alienation and apply for a patent.
27.10.2016 - Vitaly Khotuntsev
Hello, please tell me whether it is necessary to notarize the contract for the exchange of an apartment under the program for the resettlement of citizens from a dilapidated emergency fund ???
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 - Veronika Baranova
I take a mortgage to buy a house in a savings bank and they require permission from guardianship to alienate property for which
10/18/2016 - Polina Pavlova
what is higher? Federal Law or other regulatory legal acts of the Russian Federation, with regards to a military man, thank you
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10/18/2016 - Daniil Kondushkin
give a definition - alienation of residential premises, thanks
09/26/2016 - Eduard Danchev
Hello, I can’t understand what is the difference between the alienation of a share and the allocation of a share
09/19/2016 - Victor Manakin
Hello! Tell me, please, about donating a share in an apartment to a non-relative, is it necessary in a notarial order?
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08/06/2016 - Anastasia Bogdanova
hello question a private house into two halves, one half is framed, the second half is partially framed, no one will issue the rest of the second half (the owner has died), what to do in this case? what is alienation, is it possible to issue the rest of the house by alienation
08/05/2016 - Anatoly Khapugin
Hello, my name is, can I ex-wife alienate part of my house and what rights will I have on it?
07/30/2016 - Tamara Molchanova
is it possible to exchange an apartment for a house if the apartment is for a daughter after a divorce for world peace in alimony
07/27/2016 - Eugene of Macedon
what does consent to the alienation of an apartment mean when buying an apartment on a mortgage and what does it affect
07/22/2016 - Mikhail Shuvaylov
Hello! We applied for registration as needing better living conditions on 06/06/2016, but we were refused because we sold our an old house On 05/17/2016, referring to Article 53 of the RF LC, we had no intentions in registering. before the sale and at the time of the sale of the house did not know about
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07/19/2016 - Nikita Gontsov
Just wrote to you about alienation. I'm waiting for your call.
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07/19/2016 - Evgeny Mamin
In what case do I sign the alienation of the property 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 donated 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 the services of a notary when selling (alienating) an apartment - the seller or the buyer?
05/26/2016 - Polina Krylova
In the village there is a 3-apartment house, 1 and 2 apartments have not been operated for more than 10 years. The family has been living in quarter 3 since 1974. the land under the house is owned by the owner of sq. No. 3. Is it possible to own the whole house?
05/23/2016 - Yuri French
The meaning of the expression is the alienation of one's own housing, when relocating from the regions of the Far North
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05/19/2016 - Evdokia Nikiforova
Good morning! Is it possible to do the alienation of emergency housing?
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05/05/2016 - Natalia Timofeeva
there is a privatized apartment, there are no heirs, who can apply for an apartment and after how much time
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05/04/2016 - Zhanna Konovalova
Hello. Tell me please. I want to give up my share in the apartment. O
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05/03/2016 - Gennady Shapira
how much does it cost to get a contract of alienation in a notary's office
04/26/2016 - Valentina Gerasimova
Hello, tell me, when receiving social housing, how many years should pass after the sale of real estate?
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04/15/2016 - Georgy Presnyakov
The husband has a private dilapidated house without communications, he had his own share and two more people of his grandmother and his own aunt, while the grandmother gave her part to her grandson and those to her husband, but the aunt voluntarily does not want to give her part and all that while she has been living for more than 20 years in Ukraine. , has never lived in this house, only it is registered and has a 13 percent share, previously the father with his wife and son lived here, but the father. died and got most of the son, that is, the husband, the aunt only says in words that the husband’s house, but you can’t sew words anywhere and in every possible way doesn’t want to send any document, and the husband has a minor daughter and I’m a wife, we embellished a little with our own efforts and means small redecorating in order to live at least somehow, this house is located in a common courtyard for five families, the question is how to officially formalize the document of alienation of the aunt in favor of the husband for 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 to me. I would like to know the approximate cost of this whole procedure
03/28/2016 - Egor Vakhrushev
how to write a letter that I alienate the pile 1.2 share of the apartment
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03/24/2016 - Evgeny Yurlov
In the Certificate of Registration of the Right to Property, there is a donation agreement for two daughters of 1/2 share. Initially, my mother gave me 2/3 shares. Then I gave my sister 1/3 and my mother 1/3. Payment receipts come in my name. pays utility bills. What should I do? Go to court or have another
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02/23/2016 - Timur Makushin
My daughter owns 1/2 big house. The former son-in-law sold his share to his incapacitated grandmother, whose guardian is the former mother-in-law. Now this family is forcing my daughter to sell Yulin's share to them literally for next to nothing. Or they select obviously unsuitable options for living.
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02/10/2016 - Igor Kozoriz
Is it necessary to register a contract for the alienation of an apartment into ownership (privatization) and obtain a certificate of ownership in 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 (Let's say in case of a divorce)? Either the husband, being married, will be able to sell this apartment without my consent, and dispose of the money
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01/29/2016 - Nadezhda Yakovaleva
Good evening! Did I understand correctly that alienation is a sale, gift, transfer under an agreement ....? Thank you.
01/11/2016 - Olga Tarasova
Hello Denis! Please tell me, my father sent me a power of attorney so that I would give his garage to his son on it, but it says without the right to alienate property, that is, I understand that I cannot make a donation by such a power of attorney?
12/15/2015 - Andrey Vladychnev
The contract for participation in the shared construction of an apartment was concluded for the son-in-law, the apartment will soon be rented out, we want to register it for me (mother-in-law). How to do it?
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12/14/2015 - Yuri Abramenkov
good afternoon, my son built an apartment, but he wants to transfer it to us (parents) before registration in the property. How to arrange it?
Alienation of real estate by citizens of a democratic society in a developed market must always take place within the legal framework. Thus, the transfer of property rights is regulated by the Civil and Family Codes of the Russian Federation.
What is property alienation?
Civil law defines this concept as the transfer of property that belongs to one citizen into the ownership of another. There are two ways to dispose of property - a paid transfer of the right to property (for example,
sale) and gratuitous (donation). The alienation of property is formalized at the will of the owner, most often with the help of an agreement, which is concluded on the one hand by the owner, on the other - by the acquirer of the property. Sometimes the law provides for cases of alienation against the will of the owner, by force, by confiscation (without payment of the cost) or requisition (with compensation for the value of the property). In addition, it is possible to force the sale of the debtor's property to collect the debt by a court decision. The result of the work performed (for example, for a thing created under a work contract or a structure erected) is carried out under a work contract. This refers to things, buildings created by contractors. Alienation of property does not occur under loan and lease agreements, because in this case the ownership right does not pass, but remains with the owner. The property is transferred exclusively to temporary possession. When providing services, there is also no alienation.
Types of transactions for the transfer of ownership
Transactions involving the alienation of property can be either unilateral or bilateral or multilateral. It all depends on the number of parties involved. So there are three types of deals.
- Multilateral - transactions in which the interests of three or more parties are represented. They can be committed only when the actions of all parties do not contradict each other, and only when they are aimed only at achieving the same goals. A classic example: the parties agree on joint activities, the purpose of which is the return of an economic object. If the object has more than one building and a land plot, then a list of real estate is attached to the contract. In some transactions, each party may have different types participation.
Greetings! In my opinion, laws are specifically written in such a way that no one could understand them except for lawyers and notaries. How do you like this turnover "compensated alienation of movable and immovable property located in the Russian Federation"?
When I come across 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 such an issue as the alienation of property. What does this term mean and who does it apply to? And most importantly, what kind of property and when can be alienated without the consent of the owner?
The term "alienation" is deciphered simply. When property or the right to it passes from one owner to another, lawyers call it "alienation." If once you were the owner of an apartment or a house, and then this property was presented to someone or sold - there was a "property alienation". And if, God forbid, the bank sued the same property for non-payment of the mortgage, there was also an “alienation”.
Once again: alienation is when property or (the rights to it) passes from one owner to another (voluntarily or forcibly). "Alienator" can be physical 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).
- Renunciation of ownership (for example, relinquishment of an inheritance).
- Destruction or loss of property or rights to it.
- Termination of ownership by court order.
What property can be alienated?
Only objects or things (including money) and rights to something (to own securities, for example) can be alienated. Intellectual property objects, as well as services/works are not alienated.
Three categories of objects of alienation
Real estate
As soon as the owner of an apartment, house or land plot changes, the property is considered "alienated". Methods of alienation: purchase, sale, donation, exchange or rent. In the case of expropriation, real estate can be seized from the owner by a court or government decision.
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 depo accounts or certificates are issued to the first owners).
In fact, securities are alienated 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 forbid other persons to use the "something" invented by him.
To obtain an "exclusive right to the result of intellectual activity", it must be officially registered with a state body. Only after that, the exclusive right receives the status of a “commodity” that can be sold, donated and exchanged.
An agreement on the alienation of an exclusive right is concluded in writing. It necessarily prescribes the amount and procedure for paying remuneration (this, by the way, can also be percentage deductions 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 do not participate in alienation transactions!
Voluntary and forced expropriation
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 contract of sale. Alienation is possible only after state registration of property owners!
Donation. In this case, the property changes the “owner” free of charge under a donation agreement. If you alienate something in favor of a relative, the transaction is exempt from taxation. "Alien" will have to pay 13% of the value of the "gift" to the budget.
In legal practice, it happens that a donation is an expropriation. The owner is forced to issue documents against his will. And after he signs the contract, it is almost impossible to prove the fact of coercion in court.
Exchange. The exchange is made out by two contracts of sale. Each of the participants in the transaction acts simultaneously as 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 lifetime annuity agreement with the real estate seller. Until the end of his life, you undertake to provide for 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 individuals or non-profit organizations!
Forcible 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 a debt. Or when the transfer of law is dictated by state necessity (extraordinary circumstances: large-scale catastrophes, public danger). This also, theoretically, includes the confiscation of the property of corrupt officials, if the owner fails to confirm that he acquired it legally.
The law provides for situations where a Russian can be forcibly deprived of the right to own real estate:
- Collection of real estate for the obligations of the owner (by law, by court or by agreement).
- In connection with the termination of the contract of employment or lease.
- 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 not used for its intended purpose.
Type of forced alienation: state. For example, when a land plot falls into a state development zone. This is possible only on condition of an equivalent and preliminary compensation of 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 significance).
- With a full refund of the cost of the object.
- With the consent of the owners of the property.
- When the “good news” is announced to the owner at least a year before the actual alienation.
- By court decision, where the state structure will prove its case (in the case when the owner of the property does not agree to voluntarily part with it).
Alienation of leased property
SMEs have a pre-emptive right to buy out leased property, which is in state ownership of the Russian Federation.
This is possible under two conditions:
- Tenants have no outstanding rent payments.
- The property is leased for two or more years under a contract.
In Moscow, the ransom service can be ordered free of charge on the official website of the Mayor of Moscow (https://www.mos.ru).
Alienation of a share in an apartment
The procedure for the alienation of real estate is easy and fast when it has a single owner. If you own a garage, land plot or an apartment in a new building, you can sell or donate all this without consulting anyone.
But such an “ideal” situation is rare. Much more often, after settling in an apartment or house, several owners appear at the property. This form of ownership is called shared ownership. The parties may be next of kin to each other. And each of them will own their own share of the property (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.
- Invite 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. Notary certification is not required. The document can be given to other participants personally, sent by mail (registered mail) or transferred through a notary. The latter option is used when the owners of other shares evade receiving notice.
- Participants have one month to make a decision. If, after the expiration of the period, they refused to purchase (or simply did not give any answer), 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 buy.
The fact is that within three months after the sale and purchase transaction, the co-owners can challenge it. And if you do not comply with all the rules of civil law, the court may well recognize the sale of the share as invalid. And if the refusal is received, then 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 sale, but also donation, exchange, inheritance)!
What documents are needed for the alienation of property?
Most of the transactions for the alienation of property is the sale or transfer of real estate. Other options for alienation (donation or confiscation) are much less common in practice.
The list of seller's documents for drawing up an alienation agreement (sale of an apartment):
- A document of title (which confirms his right to own real estate). Purchase options:
- bought (contract of sale);
- received as a gift or exchanged (donation or exchange agreement);
- privatized (privatization document);
- received as an inheritance (certificate of the right to inheritance).
- Legal documents (proving that the property belongs to this particular seller). From January 1, 2017, the state registration of real estate is confirmed by an extract from the USRN. Another important point is also included there: that there are no encumbrances and arrests in the apartment.
- Seller's identity card (passport).
- A copy of the financial personal account and a certificate of no debt on utility bills.
- A signed contract of sale (it is he who, from a legal point of view, fixes the process of alienation of property).
- The fact of the transfer of rights is confirmed only by the official state registration of rights in the register. Where do they get permission? After the purchase and sale of real estate, you need to order a new extract from the USRN. You will have to pay the 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 moment of purchase).
- The spouse's consent to the sale of the apartment or a share in it (if the apartment was purchased during marriage). All property owners must agree to the sale! And 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 less than 14 years old, then legal representatives act on his behalf (parents, guardians, adoptive parents, representatives of guardianship authorities). 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 the best or equivalent housing in terms of parameters.
Conclusion
Alienation of property - the same purchase and sale, a gift or, God forbid, confiscation. The interpretation 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 involuntarily, for money or free of charge).
Another person, as well as the transfer of ownership or any property right (including rights expressed in securities) by its owner to another person.
Alienation should be distinguished from:
- waiver;
- Provision of things for use, as well as granting the right to use things, objects of intellectual property for a while (and other cases when, at the will of the owner of the right, only a part of the legal and / or actual possibilities of using this or that object is transferred to another person and only for a while);
- providing future opportunities for alienation (acceptance of obligations under a preliminary agreement on the alienation of property or rights).
Only things (including money) and rights (including those certified by securities, as well as property complexes) can be alienated, the alienation of services (works) and intellectual property objects is impossible (the functional analogue is the turnover of rights to them), and non-economic relations do not initially imply alienation.
Alienation is one of the ways to dispose of an exclusive right (along with license agreements and pledge agreements) in which this right is granted in full; the alienation of a right must either be registered (“transfer of an exclusive right without an agreement is also subject to state registration""), or in writing expressed in agreement on the alienation of (exclusive) right followed by its registration. When granting a right, the right holder does not lose this right. If the contract grants a right not in in full(a part is provided under certain conditions or not provided at all), then the agreement is considered a license.
Notes
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See what "Alienation (right)" is in other dictionaries:
Alienation: Alienation (law) is a legal and economic term. Alienation (philosophy) is a socially philosophical term. Musical albums "Alienation" unreleased album of the group "TV" in 1989. "Alienation 2005" album of the group ... ... Wikipedia
Alienation in general is an objectively historically conditioned process of rejection from a person of his essential forces and products of his activity and their transformation into alien, hostile, and often into enslaving forces. For the first time the process of spiritual ... ... Political science. Dictionary.
- (German Entfremdung, English alienation) 1) the relationship between the subject and the c.l. its function, formed as a result of a break in their original unity, which leads to the impoverishment of the nature of the subject and the change, perversion, rebirth of alienated nature ... Philosophical Encyclopedia
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 for the owner to exercise the authority to dispose of property, carried out for a fee or free of charge. ... ... Financial vocabulary
- (eminent domain) The right of the state on behalf of the people to alienate private property without the consent of the owner. The term is widely used in US property and planning law. This is due to the fact that these rights ... ... Political science. Dictionary.
Alienation of pledged property- (with regard to mortgage) property pledged under a mortgage agreement may be alienated by the pledgor to another person by selling, donating, exchanging, making it as a contribution to the property of a business partnership or company, or ... ... Encyclopedic dictionary-reference book of the head of the enterprise
Ownership- (lat. jus proprietatis, dominium; English right of property) in civil law, the most important of property rights; presupposes that the owner of the triad has the necessary and exclusive powers of ownership ... Encyclopedia of Law
State right to expropriation of private property- (power of a government to appropriate property for public use) the right of the state to seize private property for public use after payment of just compensation ... Economic and Mathematical Dictionary
right of the state to expropriate private property- The right of the state to seize private property for public use after payment of just compensation. Topics economics EN power of a government to appropriate property for public use … Technical Translator's Handbook
right of the state to alienate private property- The right of a government body to alienate private property for the purpose of carrying out public works. By law, federal, state, and local governments may, at a fair market price, purchase from… … Financial and investment explanatory dictionary
Books
- Transactions and other operations with shares in the charter capital of LLC Borisov Alexander Nikolaevich. The book deals with the issues of legal regulation of the turnover of shares in the authorized capital of a company with limited liability: grounds for the transfer of a share to other participants in the company and third ...
Under alienation of property refers to the transfer of ownership or other property rights by its owner. The object of alienation may be a thing (including) or rights (certified by securities). Works, services and objects of intellectual property are not subject to alienation.
Alienation of property cannot be called:
- 1. Provision of things for temporary use.
- 2. Refusal to accept ownership.
- 3. Providing future opportunities for alienation.
Alienation of property: types of transactions
There are three types of alienation of property:
- 1. Paid. The property is alienated as a result sales his other face. In this case, the alienation will be evidenced, according to which the seller is obliged to transfer the purchased item within the prescribed period, and the buyer is obliged to accept it by paying the agreed cost. An important point: the alienation is considered to have taken place only after it is registered (with the exception of the sale of a non-residential object). The contract of sale after signing by the parties cannot be canceled - if the participants in the transaction change their minds, they will have to conclude a “reverse” contract.
- 2. Free of charge. An example of gratuitous alienation is donation. There is also important point: donation of property by a relative does not oblige the recipient to pay a fee - otherwise the fee will be 13% of the market price of the donated object.
- 3. Forced expropriation carried out only by order of the court . There are several cases where expropriation is possible:
- collection for debts to creditors (in case of bankruptcy);
- acceptance of property by a person to whom it cannot belong;
- purchase of cultural property.
Alienation of property: key rules
The contract for the alienation of property, regardless of whether a sale or donation transaction occurs, must include the following data:
- Full data (including passport details) of both parties to the transaction.
- Description of the thing or right that is the object of the transaction. If available, must be specified registration numbers, and if the object is real estate - also the area.
- The amount of the transaction (relevant for contracts of alienation for compensation) and the date of preparation.
When concluding a transaction for the alienation, the parties should remember the following points:
- The contract is not concluded orally.
- All contracts are certified by a notary and registered with Rosreestr.
- If the object has several owners, the transaction requires the consent of each of them. In addition, if the property was purchased while the seller was married, the spouse's permission is required.
- The contract includes data on the presence or absence of minors or incapacitated persons among the owners of the object. If there are such owners, the seller needs permission from the legal representative and guardianship authorities.
There is one important point regarding expropriation: if the debtor owns only one living quarters suitable for the residence of his family, it cannot be alienated to pay off debts to creditors.