Is it possible to sell an apartment with a person prescribed in it

Sell \u200b\u200ban apartment in which a person is registered is theoretically possible. There are no prohibits for such a deal. But buyers often lack of registration of a citizen put one of the important conditions of the transaction. And the failure to comply with this condition becomes the subject of the dispute of the buyer and the seller or the reason for the refusal of the transaction.

Consider the possibility of selling an apartment with outsiders registered in it.

In which cases it is impossible to sell such an apartment

There are certain citizens, which you cannot write down under any circumstances. Even after the sale and change of the owner, they will retain the right to use the residential premises in which they are registered. Neither the former owner nor a new owner to write them out of them.

• children remaining without parental care;
• citizens who refused to privatization retain the right to an apartment. If two people were previously registered in the municipal housing. After privatization, one of them became the owner, and the second wrote a rejection of privatization. To write down the second is not otherwise as an agreement;
• citizens who use the apartment in accordance with the will or the Rental Treaty;
• persons - members of the housing cooperative, At least part of payment, as well as members of their families.

Although the transaction is possible, but for the buyer there is a big threat regarding independent use and disposal of the apartment if they are registered:

• a minor child. Under certain circumstances, after the transaction it is possible to evict it only through the court and then with great difficulty;
• incapable citizens. The living space, where the disabled person is registered, can also be the subject of a dispute regarding the right to reside such a citizen.

What to pay attention to the seller when selling apartments with a prescribed person

To sell an apartment for sure, the seller must resolve the issue with registered people. It is not always possible to write a person from the apartment to sale. And that the transaction was not canceled in the future, the registration question is needed to clearly talk with the buyer. Usually discuss these conditions:

• the sale of the apartment is made with a prescribed person, which is why the price is thrown off;
• the seller undertakes to write out itself and other residents within a certain time after the sale. As a rule, it is given for 2-3 months;
• vupil will be engaged in the buyer after the transaction. But the old owner will provide any help. For example, to provide evidence and participate in the trial.

In any case, the contract for sale should be indicated that in the apartment there are prescribed, this requirement of the law. And one more point in the contract to devote to the obligations of the seller and the buyer in connection with the presence of tenants. That is who and how to deal with the issue of discharge.
The rest of the transaction is committed in normal order.

Residential status

Residential premises are privatized (or acquired to be owned by other grounds) and unsuccessful, that is, municipal. In any such housing, citizens who are not related to their own, or with the employer can be spelled out.

And the owner of the apartment, and the employer under the social contract, can write citizens registered in the residential premises. However, the procedure, depending on the status of housing, is somewhat different.

Since it is only its owner to sell a residential premises, we will talk about them in this article.

Who are they - people prescribed in the apartment?

A citizen prescribed in your apartment for the buyer "Exploding the object of real estate". So on the housing you want to sell, there are third-party rights. And this circumstance may prevent you from making a purchase and sale transaction.

Registration itself is just an administrative act. No right to housing, in addition to living in it, it does not give. Therefore, the owner without any problems can sell his apartment, without the consent of the persons prescribed in it. But what the buyer will do with them - this is another question.

In the apartment of the owner can be registered anyone. But usually such people belong:

• initially written citizens who had previously not participated in privatization;
• spouses, universes and prescribed after registration of marriage;
• children, born after the apartment passed to ownership to one of the parents;
• outsiders who owner temporarily or constantly registered in their place of residence.

Temporary and permanent registration

At the place of residence you can register constantly or temporarily. With temporary registration, simply - the owner prescribes a citizen, for example, for half a year. After the expiration of this period, all rights at the temporary tenant ends automatically. No procedures for extracting are needed. Registration If you wish, you can extend for any time and not to extend.

With permanent registration, the situation is different. The right to use the right to use housing. To dispose of the apartment, like the owner (sell, donate, rent, or leave inheritance) it cannot. But it can live at the place of its registration and enjoy housing along with the owner. If this person, when selling an apartment agrees to be discharged voluntarily, there will be no problems. And what to do if it categorically refuses? Then it will have to be written forcibly.

How to write out of a foreign person from the apartment

Suppose, a few years ago, you registered a foreign person, not a relative. He does not live with you, but it has registration.

This circumstance did not bother you. However, you decided to sell housing. Where the person has written is unknown. You do not support links, it is not possible to offer him a voluntary way. What to do with a prescribed person?

You can reduce the price of an apartment and sell it directly with the encumbrance if there is a buyer. And you can write out an outsider citizen and without his consent.

To do this, submit to the court a statement, stating the recognition of a citizen who registered the right to use your apartment. The statement should focus on the following:

• in fact, the citizen never lived in a disputed apartment;
• he did not carry his belongings to you, and you do not have his property;
• a citizen left voluntarily, left the place of residence, and does not need it;
• he never made attempts to accommodate to you;
• a citizen does not pay utility services.

The court decision enters into legal force 30 days after the submission. Based on this decision, an incomplete tenant is issued.

The same actions can make the buyer after the acquisition of residential premises. If he agreed to buy an apartment with the burden. He will have no problems with the discharge of this citizen.

How to write from the apartment relative

Family members of the owner have the same right to enjoy housing, like the owner himself, if they live together. Specifically, the members of the family owner, the Housing Code refers his children, parents and spouses.

Family members can be other persons who authorized the owner to live together with him. These persons include:

• other relatives;
• dependents recognized as disabled;
• other persons who are not the owner's relatives. In exceptional cases, the law provides for the opportunity to equate such persons to family members of the owner.

If family relationships stopped (for example, the owner divorced his wife), then a member of his family is set by a former family member. For such the right to use is not preserved. Therefore, he must free the apartment on the first requirement of the owner. Otherwise, it is evicted in court on the basis of the relevant claim. Unlike outsiders, the former family members have some privileges when considering their eviction.

So, on the basis of a court decision, such a citizen may preserve the right to reside. This right is allowed in the following cases:

• the former family member does not have other housing;
• he does not have a financial opportunity for the acquisition of other housing.

After the deadline established by the court will end, the right to use the apartment in such a person will cease.

This rule allows some maneuvering. For example, you have been prescribed to the apartment of your adult (adult) child who previously lived elsewhere.

A child cannot become a former relative even in the case of a divorce of parents. Accordingly, in court order to deprive an adult son or the daughter of the right to use the apartment on this basis you cannot. However, you can sell your apartment together with the adult child prescribed in it, after which the new owner will write it out of the apartment without problems.

About what problems may occur when you try to write relatives, see the video:

What should pay attention to the purchase of housing with burden

Not always the seller will honestly say that strangers are prescribed in his apartment. That is, at the time of sale, not discontinued from the registration accounting. Or that he has a serving sentence of a relative, who is temporarily discharged from the apartment on this basis. But after a few years he will return, and will require restore it in rights.

Therefore, before purchasing an apartment (especially if its price is surprisingly low compared to similar housing of this level), you should find out the necessary information yourself.

To do this, it should be required to request an extended extract from the apartment card with information about each prescribed person (the so-called form 10 and form 17). Moreover, in addition to those who are now registered in the apartment, in such a card included and previously prescribed, and left, and selection. The card indicates the reason why former tenants left the apartment.

Such a card will be easily received by the owner, presenting his passport, as well as confirming the right to the apartment with a testimony or extracting from the registry.

Only after this card is in your hands, you can make a decision to buy you the proposed apartment or look for a "clean" option.

Was prescribed a person who serves punishment

A special case when a temporarily missing citizen is discharged from the apartment, who is in a correctional colony. A few years later, you can get a claim from the court, in which a citizen on legal rights will ask to impose him to your apartment. Since it has the right to use the housing sold without his notice of the transaction.

And if at the same time he also refused once from the privatization, which was right, to write it out of the apartment will be almost impossible.

Of course, it will be possible to try to recognize the purchase of an apartment illegal. But even if good luck whether the money referred to you in the contract. And you give an apartment with repairs and other investments. And if the former owner has already died by this time? Nuances have plenty, and you should protect yourself.

If children are prescribed

A lot of unexpected can wait for the buyer of an apartment in which children are prescribed. To win litigation in this case is difficult - The priorities of children in our country in the first place.

If you still decide to acquire such an apartment, you need to interact with guardianship authorities.

If the "small" citizen is not owned by a square meter of the selling housing, then it is possible to sell in order without the consent of the guardianship.

In other cases, without the opinion of the guardianship authorities, the sale is impossible. In this case, there are no specific forms of interaction with care. In general, the protection of the rights of a minor, which is discharged from the apartment, comes down to the following:

• he must provide other real estate;
• squares in the new housing minor should be allocated not less than in the old apartment;
• the new residential premises should be with amenities - no toilets and housewalks on the street.