How to buy an apartment without a realtor: step-by-step instructions + 8 tips for saving money and time

Search for apartment options

Before you start looking for an apartment on your own, you need to decide exactly how you are going to pay for it. This determines what kind of housing you can choose for yourself. There may be several options:

For cash

This method, on the one hand, is the simplest, but on the other, it requires the buyer to have a strong nervous system. Before parting with your money, you should carefully check everything and make sure that you are going to purchase a legally “clean” living space. This method of calculation is used in 85% of cases.

With mortgage registration

This method has many advantages. First of all, you can even purchase an apartment that you cannot afford at the moment. In addition, when concluding a mortgage agreement, the bank’s lawyers will carefully check the purity of the transaction. So the risks of running into scammers are reduced to a minimum.

This method has its drawbacks. If you already have the full amount to purchase a home, then when you take out a mortgage, even for a minimum amount and term, you will still have to pay additional interest. When applying for a mortgage loan, the bank will have fairly strict requirements for the quality of housing. Therefore, even if you are ready to close your eyes to some of the shortcomings of your future home, the bank will not allow you to do so.

How to get a mortgage loan and reduce the rate by 2%

In installments

In this way, you can purchase housing in a house that is still under construction. Many companies provide the opportunity to extend payment over a period of up to 2-3 years, sometimes even without interest. However, in this case, the risk of running into an unscrupulous seller is replaced by the risk of falling into a “long-term construction” or a fraudulent developer.

Using mother capital

In this case, it is worth remembering that maternity capital funds are credited to the seller’s account only after 2 months after signing the contract and only by bank transfer. If you purchase an apartment on the secondary market, you will have to find a seller who will agree to these conditions.

Directly from the developer

This method is fraught with many risks. To protect yourself, you will have to do some serious preparatory work. First of all, you should conduct a comparative analysis of prices, collect as much information as possible about the selected developer, study all the constituent documents, read, preferably together with a lawyer, the proposed contract, and so on.

Important! If you are going to resell such an apartment and make money from it, remember that this will only be possible after 5 years. Otherwise you will have to pay 13% tax.

By waiting 5 years and making high-quality repairs, you can sell your home profitably and make good money on it.

From the contractor

Since the development company does not always have sufficient funds on hand to complete construction, it can pay contractors in ready-made square meters. This is where you can save up to 20% of the cost of housing.

Note! An apartment from a contractor can most often be purchased only in cash and within a strictly limited period, for example, 2 weeks.

In this case, the purchase and sale agreement is transformed into an agreement for the assignment of the right of claim. The right to reclaim your home from the developer passes to the buyer only after the house is put into operation.

The most important thing in this case is to find a truly reliable and trusted contractor who will not engage in fraud.

From the owner

This is the most common option when buying secondary housing. This is what is commonly called the acquisition of square meters without the involvement of a third party - a realtor. This method of completing a transaction allows you to save up to 5% of the cost of the apartment. Most often, this amount is the realtor’s commission. At the same time, the risk of purchasing housing that does not meet the buyer’s requirements increases.

To prevent this from happening, you should carefully study the material presented below.

Special cases

The primary and secondary housing markets are full of offers of apartments for every taste, but the funds for their purchase are extremely insufficient. Then you have to take out a loan and use available government programs, the purpose of which is to improve the living conditions of citizens. You can buy an apartment:

Using maternity capital funds. In this case, the acquisition period will be extended as long as it takes time to obtain permission to purchase. When participating in a mortgage program, you can use the certificate amount to pay off the loan. In other cases, the document holder will have to wait until the child reaches 3 years of age. If you decide to take out a loan to buy a home, you need to find a bank that will accept capital as a down payment or partial payment of the loan amount. After approval, after 1-2 months , you need to contact the pension fund. will decide within 2 weeks All that remains is to wait for the funds from the Pension Fund to arrive in the bank account. The total duration of the procedure is 2-4 months .
For a military mortgage. Unlike conventional lending, military mortgages are issued only to military personnel. The interest rate offered by banks is 7-11% . The mortgagor will be not only the person being credited, but also the Ministry of Defense. The applicant submits the first report for consideration, and after 3 years - the second report. If the applicant passes the selection criteria for program participants, he will receive an appropriate certificate for obtaining a mortgage. The document is valid for six months, during which the recipient must sign an agreement with the bank to purchase an apartment. In general, the period for purchasing housing will be from 3.5 years .

It is difficult to predict how long the process of buying an apartment will take. You can meet “your” Seller or Buyer and complete a transaction in a week, but under unfavorable circumstances the process can drag on for 3-4 months .

Already at the first stage of buying and selling an apartment, hidden dangers await the Buyer and Seller. The buyer risks stumbling upon real estate with registered owners: those serving time in prison, serving in the army and others, who upon return will be able to settle in the purchased housing.

The Seller risks trusting an unscrupulous Buyer and losing the apartment and money.
In addition, if the purchase and sale process is not planned correctly, the period for purchasing an apartment will be significantly increased. A lawyer will help you answer the questions: what documents to collect? How to draw up a contract correctly? How to calculate the amount of state duty? A specialist will check the legal purity of the transaction, and the apartment will be purchased as soon as possible without risks for both parties. Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

via the form (below), or via online chat
Call the hotline:
St. Petersburg and region

- FREE for a lawyer!

By submitting data you agree to the Consent to PD Processing, PD Processing Policy and User Agreement.

Anonymously

Information about you will not be disclosed

Fast

Fill out the form and a lawyer will contact you within 5 minutes

Tell your friends

Rate ( 1 ratings, average: 5.00 out of 5)

Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

Author's rating

Articles written

610

Where to look for a suitable option

If you decide not to use the services of a realtor, you will have to look for suitable housing yourself. This can be done in different ways.

You can, of course, turn to friends or acquaintances for help. It is quite possible that the desired option will be found right next door to them. You can also go around all the houses in the area you like and talk to the concierges or janitors. Sometimes they can also suggest several options. However, in this case, your choice will be very limited by the opinions of loved ones and their circle of friends. It is unlikely that they have much information on this issue.

The next option is to study advertisements on poles and entrances, relevant sections in newspapers and free online bulletin boards. This method is also not very good. This way you will only be able to find out about the actual sale of the home, will not see photographs and will spend a lot of time finding out additional information in order to weed out those offers that do not meet your requirements.

Some real estate agencies and websites offer paid real estate databases. Whether to spend money on this method or not, everyone can decide for themselves. Such sites often charge a double fee: from the seller for submitting an ad, and from the buyer for access to the list. Many owners also do not want to incur extra costs, so the list of offers there will be much smaller. In addition, you will have no way of knowing whether the database corresponds to the actual state of affairs. Of the hundreds of options offered, 50–60 may be already sold or may not meet your requirements. You will just waste time and money.

We offer a more convenient and practical option for searching for apartments on your own. Using the services of our website, you can find many housing options located in Novosibirsk and the region. A convenient search system will allow you not to waste a lot of time and choose the right option based on your needs and financial capabilities.

Using our database allows you to:

explore many options indicating who is selling: owner, agent or developer;
see real photos of apartments;
quickly contact the seller by phone or mail;
compare apartment options from owners, real estate agencies and developers.

With us you will find housing in secondary and new buildings, on a mortgage or for cash. And if you have any questions, you can always contact our specialists for a free consultation.

Apartment on the secondary market

It is generally accepted that secondary housing is one in which someone has already lived before you. This is not entirely true. Legally, a “secondary apartment” is an apartment for which the ownership of an individual has already been registered.

This means that secondary housing can be located both in an old house and in a newly constructed building. In the second case, this will mean that the owner of the property has already completely bought the apartment from the developer and re-registered the ownership title to himself. At the same time, it may very well be that no one lived in the apartment, and no repairs were really done there.

Most often, however, secondary housing refers to an apartment that has already been in use. Purchasing such premises has certain advantages:

the opportunity to move into the premises “as is” and not spend money on repairs for some time;
the presence of developed infrastructure, its proximity to schools, kindergartens and metro stations;
the ability to immediately assess the condition of the property;
no risk of investing money in “unfinished construction”;
no risk of losing a long-awaited apartment due to builders’ mistakes or a poorly executed project (shrinkage of the house, cracks, etc.).

The main danger when purchasing such a home is legal issues. Before you give money, you should make sure that there are no encumbrances on the apartment in the form of a lien or mortgage, all utilities have been paid, and there are no other applicants who can challenge the deal in court.

If you are interested in Novosibirsk, you can buy an apartment (“resale”) using a convenient search on our website among thousands of advertisements.

Apartment in a new building

Primary housing is a premises for which ownership has never been registered. That is, this is not just a new house, but housing owned by the developer and you will be its first owners.

You can also buy an apartment in a new building in Novosibirsk from a developer using the services of our portal. Our specialists will be happy to provide you with a comprehensive and free consultation. In addition, if you decide to purchase a home with a mortgage, we will help reduce the interest rate. By using our services, you can get a discount of up to 2% from the standard tariff of a credit institution.

By deciding to purchase a “primary”, you get the following advantages:

legal “purity” of housing - since the apartment has not yet had owners, problems cannot arise with them;
newness of housing - you don’t have to think about major repairs, replacing rotten pipes in the riser or rotten electrical wiring;
relatively low price - in the case when housing is purchased at the construction stage.

There are also disadvantages to this choice:

the likelihood of investing money in “unfinished construction” or getting involved with an unscrupulous developer;
location - most often new buildings are located far from the city center;
lack of finishing work - cosmetic repairs will still have to be done;
long registration period (sometimes can last for several months).

Search Tips

If you decide to look for your dream apartment on your own, this point will definitely come in handy. In it we will describe what you should not do when looking for housing, so as not to be deceived or overpay. When looking for an apartment on your own, you shouldn’t:

It's not the point to fantasize. When looking at a property, you shouldn’t immediately fantasize about “how great the sofa will look here” or “this room will be a nursery, but we’ll put grandma in here.” This way, you risk falling in love with the apartment ahead of schedule and missing out on other, more profitable offers.
Stick to one option. If your budget is limited and you're not in too much of a hurry, look through all the available offers. There are many similar offers on the market, but even small differences can significantly affect the cost of housing.
Buy “before the price goes up.” If you have already looked through all the possible options and still haven’t found the right one, you shouldn’t buy a home for fear that it will suddenly become more expensive. The option “let’s live in this one for now, and then we’ll see” is also not suitable. Housing disadvantages will not go away over time, but will only get worse. Over time, it will become increasingly difficult to sell such housing, and all the likely profit will go towards additional costs of resale.
Turn a blind eye to obvious shortcomings. If the housing has serious defects (inconvenient location, construction of a shopping center under the windows, etc.), you should not agree even to a serious discount. Every year it will become more and more unbearable to live in such an apartment, and it will be difficult to sell.
Overestimate your own strengths. Before agreeing to housing without renovation, interior decoration or lack of interior layout, carefully weigh your own strengths. It is likely that the cost of repairs will cost you much more than the discount offered. In addition, while the apartment is being renovated, you will still have to live somewhere.
Hurry up to complete the deal. If the seller strongly emphasizes that there is a queue of potential buyers for the apartment, most likely he wants to hide any shortcomings. Give final consent only after you are completely sure that the apartment is completely suitable for you.
Delay in making a decision. There is also no need to delay registration. Firstly, there is still a possibility that the apartment may be intercepted. And secondly, there may be changes in the market or in your personal financial situation. If doubts prevent you from making a final decision, do this “trick”: in the evening, clearly define “yes” or “no” for yourself, and then go to bed. In the morning, try to remember your feelings. If you couldn’t sleep for a long time and were turning all sorts of arguments in your head, then the decision was wrong. If you fell asleep quickly and the night passed peacefully, everything is in order, you can take it.
Give in to the auction. There are times when the seller literally forces you to pay more. You seem to have agreed on the main points and the apartment suits you. But then the seller declares that he has another buyer willing to pay more. He is ready to leave your agreement in force if you pay another 50-60 thousand. Then another obstacle arises, and another... As a result, the initial cost of housing increases by 5-10%.

In general, “don’t be fooled” by provocations, and make an informed decision.

What types of real estate transactions are there - an overview of the TOP 3 main types

All transactions can be divided into contractual and unilateral. All relationships involving more than two persons must be formalized by agreement. One-sided transactions include such transactions as donation and inheritance.

There are several more criteria by which it is customary in legal science to classify types of transactions. Let real estate lawyers study this topic in depth, and we will look at the three main types of operations.

Type 1. Transactions with a change of owner

Most often, at the everyday level, people carry out such procedures themselves or turn to an agency to support a real estate transaction, as a result of which property passes from one owner to another.

Such transactions include:

purchase and sale;
inheritance of any kind;
realization of collateral or debt obligations;
privatization of state or municipal property;
nationalization (transfer of ownership from the state);
registration of a life annuity or maintenance with a dependent;
gratuitous or compensated seizure of land or demolition of a building;
exchange operations.

To familiarize yourself with an example of such an operation, I suggest reading the article “Supporting a transaction for the purchase and sale of an apartment.”

Type 2. Transactions with changes in the composition of owners

Often transactions occur with shares of real estate.

At the same time, the quantitative and qualitative composition of owners changes. Some of them may continue to own the object, while others lose this right.

Transactions of this type include corporatization, division of property, shared construction, resettlement of communal apartments and entry into a condominium. In the sphere of economic relations, this is: liquidation of an enterprise, as well as the inclusion of real estate in the authorized capital.

Taking out a loan secured by real estate implies that, under certain conditions, the ownership of the home is transferred to the bank.

Type 3. Transactions with the addition of other subjects of rights

Sometimes some types of commercial activity involve real estate transactions that result in additional owners, users, or restrictions (easements) for a particular property.

Such operations include:

investing in construction or reconstruction;
transfer of property into operational, trust management or economic management;
rent, hire or sublease;
transfer of land plots into inherited possession or permanent use;
imposition and removal of easements;
reservation.

At the same time, the procedure for registering real estate in each of the cases considered has its own characteristics, which you can understand if you read the corresponding article on our website.

Pros and cons of purchasing an apartment on your own

Of course, buying an apartment on your own has both its advantages and disadvantages.

The first include:

saving at least 5% of the cost of housing, which you will save on the services of a realtor;
no risk of running into an unscrupulous realtor;
the opportunity to find exactly the apartment that fully meets your expectations.

Disadvantages can be considered:

Finding a suitable option may take a little longer;
lack of access to specialized real estate databases;
There is a risk of running into scammers.

Features of registering real estate during marriage

As mentioned earlier, all real estate purchased from the moment of registration of the marriage until the divorce is considered the joint property of the spouses. If the husband bought an apartment and registered it in his name, this does not matter: during the division, the wife will be able to receive her part.

Even if the second spouse was not working at the time of purchasing the apartment, the court will divide everything equally (Article 39 of the RF IC). They can allocate a larger share, acting in the interests of the child if he remains with him.

Conclusion: some people are offended if only one person tried to do everything for the family and earn money, and the second spouse did not make any efforts, but upon division receives half of the property. By law, it is considered public property. But there are several ways that will allow you not to divide and preserve your property after a divorce.

What should you pay attention to during the initial inspection of an apartment?

Having selected several options that meet the initial requirements, you should agree with the owners about a more detailed inspection. To ensure that everything goes at the highest level, we have prepared for you some tips on how to independently check an apartment when purchasing.

The inspection should begin as soon as you approach the house. Come to the meeting in advance, walk around the area, evaluate the proximity of shops and public transport stops.

Talk to mothers at playgrounds, find out where the nearest kindergartens or schools are located. Think about whether it will be convenient for you to get to your place of work or take your children to clubs.

Please note the availability of parking, a playground, and a place for walking animals. Their location and availability also plays an important role when choosing housing.

Inspect the house from the outside, make sure that it is free of external defects: cracks, shrinkage, broken windows, and so on. If possible, inspect the roof and basement. If you notice a damp smell or the presence of mold, you should think about the advisability of the purchase.

Please note the presence of an intercom and/or concierge. This will provide your future home with additional security.

Schedule viewing of square meters during the daytime. This way you can consider all the existing shortcomings as much as possible.

Carefully inspect the walls, especially in the corners. There you can see characteristic dark spots. They indicate the presence of dampness and fungus, which is very difficult to completely remove even with high-quality repairs. If in doubt, don’t hesitate to ask the owners to move the sofa or bedside table. Then it will be too late.

Particular attention should be paid to plumbing. Ask the owners to provide you with access to the riser. This way you can personally verify that the pipes are “alive” and do not require urgent replacement. Check the water pressure in the taps, find out about the availability of hot water supply.

Go out onto the balcony and appreciate the view from the windows. Having a construction site or a noisy shopping center nearby will not bring you joy during your stay.

If possible, talk to your neighbors or concierge. This way you can learn a lot of valuable information. Living on the same site with a quarrelsome granny, an always drunk neighbor or a constantly howling dog is still a pleasure.

Note! You should not tell the seller in advance that you already have the full cost of the apartment, even if this is true. Bargain!

If the living space is in a new building

All the actions mentioned earlier relate to the acquisition of housing, secondary housing, and new buildings.

When decorating an apartment purchased in a new house, you must also do the following before what was previously described :

Drawing up a transfer and acceptance certificate from the developer. He signs after a thorough inspection of the apartment. Do this with the utmost care, without missing a single detail that does not suit you. If you sign an acceptance certificate for an apartment with defects , it will be useless to file a claim later. Record all violations in the protocol and attach it to the report.
Obtaining documentation from the BTI. A cadastral passport must be drawn up for a new apartment . To the BTI, submit an application for its receipt, a shareholder's agreement (DDU, if any), an acceptance certificate, copies of the owners' passports.
Registration in Rosreestr. This organization receives a Certificate . To obtain a certificate, you will need the owners’ passports, cadastral passport, and DDU. Sometimes a building permit and developer's land documents may be required. After a month's verification of your papers, the apartment will be entered into the register, and you will receive a Certificate.

Verification of documents

You need to go into even more detail about what documents you need to check when buying an apartment. This is very important, because the legality of the transaction will depend on it. The list of mandatory ones includes:

Documents of title for housing (donation agreements, rent agreements, purchase and sale agreements, certificate of inheritance or ownership).
Certificate-extract from the BTI. There you can find all the information regarding the layout and redevelopment of the premises and all the detailed technical documentation.
An extract from the house register, which is issued by the housing office passport officer. Here it is necessary to check the presence of people who have ever been registered in this living space, and also find out the reasons why they were discharged.
Extract from the Unified State Register. With its help, you can find out about the absence of any encumbrances on the apartment.
Written confirmation of consent to the sale of housing of all persons registered in it. This applies to the “other half” of the owner and his direct heirs.
Certificate of permission from the guardianship and trusteeship authorities. It is issued when children who have not reached the age of majority are registered in the apartment, regardless of whether they have their own share of the property or not.
Availability of a certificate from a neurologist and psychiatrist confirming the seller’s legal capacity.
A receipt indicating payment of the state duty.
Additionally, you can ask the seller to prepare certificates from the relevant authorities stating that he has no debts on utility bills and taxes.

Attention! If you are not sure that you can properly check all documents, contact a notary for help. His services will cost you much less than a realtor's commission.

By inheritance

You can become the owner of an inherited apartment only after six months have passed from the date of death of the testator. To register ownership of an apartment, you must first contact a notary, who will review the case, establish all interested parties (based on the Certificate of Inheritance) and other conditions of inheritance. A prerequisite is that there are no claims to the apartment from other parties.

Only after this will it be possible to submit documents to the MFC for registration of ownership of the apartment. It is carried out according to the usual procedure.

Advance (deposit) when purchasing an apartment

It is generally accepted that paying an advance payment “disciplines” the seller and buyer a little and prevents them from breaking the deal at any time. It is believed that if the seller continues to try to sell the property, he must return the deposit in double amount. If the buyer refuses the transaction, the advance payment is not returned. In principle, this can happen if both parties agree and have confirmed their consent legally.

However, it is worth remembering that, in accordance with the Civil Code of the Russian Federation, the deposit agreement itself when purchasing an apartment does not carry such consequences. The transaction is considered completed only after state registration. Therefore, the deposit must be transferred only simultaneously with the conclusion of the preliminary purchase and sale agreement. It must be drawn up by a notary and it must be indicated that subsequently the deposit will be considered an advance payment.

When a real estate transaction is considered valid - an overview of the main conditions

There are often cases when, some time after the conclusion of a transaction, it is declared invalid by the court and the contract is terminated. In this case, you will have to return the money, but what if it has already been spent? Please note that the statute of limitations for real estate transactions ranges from 1 year to 10 years, depending on the specific circumstances.

Most often, in order to invalidate a real estate transaction, the period for challenging is 3 years from the date of discovery of the circumstances that gave rise to the claim. Therefore, you need to know in advance what conditions allow you to go to court.

Condition 1. Legality of content

The contents of the purchase and sale agreement or other documents that served as the basis for the transfer of ownership must not contradict current legislation and contain significant errors.

Condition 2. Legal capacity and legal capacity of the parties to the transaction

All persons participating in the transaction must be legally competent and capable. This is why it is advisable to obtain a certificate from the IPA. The legal capacity of legal representatives of minors or other incapacitated persons is confirmed by a permit from the guardianship authorities.

Condition 3. Compliance with the will and expression of the parties to the transaction

Any transaction is concluded on a voluntary basis. If any of the parties manages to prove that it made a decision due to pressure from outside, then the court will terminate such a deal. Therefore, any coercion is a potential cause of trouble in the future. If you are forced to make a transaction, try to record this.

Condition 4. Compliance with the form of the transaction

Any real estate transaction is carried out in one form or another. It must correspond to the actual content of the actions. That is, in the case of a gift or inheritance, a purchase and sale agreement cannot be drawn up and vice versa.

Drawing up a contract for the purchase and sale of housing

Here you should once again carefully study all the title documents. It is necessary to compare them with the owners’ passports. When housing is sold by proxy, it is necessary to first meet with the owner to personally verify the authenticity of the signature.

Read the contract carefully. Read it until you are sure that you have no questions left. Make sure that not only you, but also the seller and the notary put their signatures in the correct places.

Do not hand over any money to the seller unless a notary or other authorized person is present. Most often, a safe deposit box is rented for final payments. If you put money there, the seller will not have access to it until the transaction is registered.

Contract of sale

It is best to draw up this document in advance, so you will have the opportunity to thoroughly prepare for the transaction. Be sure to make sure that the main contract contains the same conditions as the preliminary one, otherwise a surprise may await you later.

Be sure to pay attention to exactly when the seller undertakes to vacate the premises and transfer it to you for use. You should be extremely careful if the apartment is being sold by proxy and you have not seen the owner in person.

Conditions for the validity of the transaction

When signing documents, make sure that the seller has provided all the necessary certificates confirming his legal capacity.

Make sure that the seller signs his part of the document, in which he indicates that he performs all actions voluntarily and deliberately and understands the consequences of his decision.

Carefully study the terms of the contract and make sure that none of its clauses directly or indirectly contradict the Civil Code and other legislative acts. If you are not very knowledgeable about this, it would be a good idea to invite an independent lawyer to the transaction. His services will cost you much less than the possible consequences if the contract is declared invalid.

In shared ownership

An important difference is that each of the co-owners of the apartment formalizes ownership of their allocated share. Registration of an apartment in shared ownership is different in that all co-owners must determine the size of their shares in the apartment (namely the size of the shares, and not their square footage).

Such information is contained in inheritance agreements, division of apartments, court decisions, etc. The allocation of shares can be carried out either by general agreement or by force. Then registration proceeds as usual.

When selling his share, the owner will first have to offer to buy it to other co-owners, because they have the right of first refusal. Only after their refusal will he be able to offer the share to other persons.

Transfer of real estate and full payment

The final stage is registration of property rights in Rosreestr. After this, the seller is given the keys to the safe deposit box, and the buyer is given the keys to the apartment. The transfer of real estate is a very important part of the transaction. Its terms and conditions must be specified in the contract. When the list of transferred property is large, you can sign an additional transfer and acceptance certificate with a full indication of the furniture, equipment and everything that remains for the buyer. In this document it is necessary to state that the parties do not have any claims.

Where should I submit the collected papers?

All collected papers are transferred to the state registration center . After 30 days, a certificate of ownership will be issued. If the previous transfer of the apartment was carried out before January 31, 1998, then the seller will only have a contract of sale, since registration was not carried out at that time.

TIP : To obtain a certificate of ownership, you should contact the BTI, call a technician to inspect the apartment and update the documents, and then visit the registration center with an application. Pay the fee for the service, present the available data and cadastral extracts. A month later, a certificate of ownership will be issued.

Possible cases of fraud

One of the negative aspects of purchasing housing on your own is fraud. When selling an apartment, various situations may arise, and it is better to know about them in advance.

The most common method of fraud is the sale of an apartment after the owner has died. Then the transaction will be a priori invalid from the very beginning.

Another type of fraud is the presence of close and distant relatives who were illegally discharged from residential premises. For example, relatives who have returned from prison, or minor children discharged in violation of the law may be eligible for a share of housing.

Joint property

The norms of civil and family law apply to property relations between family members. According to , all property acquired during marriage is considered joint, regardless of which family member it was registered in the name of.

and art. define 2 options for owning and disposing of common material goods:

Legal regime. It assumes that all property is the joint property of the spouses without determining shares. The right of ownership belongs to both, even if one of the couple had no income due to running a household, caring for children or for other reasons.
Marriage contract. Establishes the ownership and disposal of property by agreement. The document stipulates the most convenient method of ownership for both parties, for example, the official allocation of shares or registration of housing in the name of one of the life partners.

The common shared property of the spouses is divided into 2 equal parts. Since shares in kind are not allocated, it is considered that the husband and wife own the apartment completely and can only manage the housing jointly.

If an agreement regarding the ownership of the object is not reached, the legislation allows you to establish the procedure for using the residential premises or allocate equal shares for each owner. To do this, housing must meet the following requirements:

established area per person;
technical possibility of equal division.

speaks of the possibility of changing the size of shares in court. If technically the premises are indivisible, but are jointly owned, upon division one partner has the right to claim monetary compensation, and the other to full ownership of the property.

Although joint and shared ownership have some common features, the rights to dispose of property are not the same.

This issue is covered in more detail in the article “Difference between shared ownership and joint ownership.”