Possibility of selling a house without the participation of one of the heirs. And What to Do If One of the Heirs Doesn’t Want to Sell the Apartment? What to do if one of the heirs does not want to sell the apartment
How to sell an apartment received as an inheritance
Before carrying out any transactions with inherited property. it is necessary to officially enter into the right of inheritance. To do this, you need to contact a notary at the place of residence of the deceased testator and open an inheritance case.
This is a very cumbersome procedure that deserves a separate description. We can say that you will have to visit the notary at least three times and collect a very large number of documents confirming the fact of death, the place of residence of the deceased, your relationship and characterizing his property.
Upon successful completion of all formalities, you must officially register your ownership of the apartment. To do this, you need to contact Rosreestr with a document confirming the fact of inheritance of the apartment. a copy of the passport, an application in the prescribed form and a receipt for payment of the state fee and, within the prescribed period, pick up the certificate of ownership.
Only with this document will it be possible to register in an apartment at the place of residence or stay and make any transactions with it.
In the future, if you want to sell your home, you can use standard technology: contact a real estate agency or conduct an independent search for a buyer by placing advertisements in newspapers and on specialized websites, arranging viewings, discussing the terms of the transaction, showing documents for housing and answering questions.
When a buyer is found, set a date for the sale with him, discuss the terms of the transfer of money and visit a notary together to formalize the transaction.
Many people mistakenly believe that the tax is on the sale of an apartment. received as an inheritance. should not be paid, even if it was owned by the heir for less than 3 years. Unfortunately, it is not.
The tax that previously had to be paid after registering inherited housing as your property has indeed been cancelled. And here is its sale. which occurs upon completion of this formality is a different transaction, and no exceptions are provided for the grounds on which the apartment became the property of the seller.
So it makes sense to consider whether it would be better to wait three years after taking ownership.
How to sell an apartment received as an inheritance?
In order to be able to sell an apartment received as an inheritance, it is not enough just to know that, for example, it was bequeathed to you. Also, despite living together with the testator and actually inheriting the remaining property after his death, the apartment also cannot be sold until 6 months have passed from the date of death of the home owner.
In both cases, it is necessary to declare your intention to inherit the property of a deceased relative within six months.
There is no need to submit an application for entry into the right of inheritance only to relatives who lived with the testator in the same living space, since after his death, maintaining the apartment and using the property, they have already assumed the inheritance in fact. Persons who intend to enter into the right of inheritance, when submitting an application, must provide the documents specified by the notary.
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Mandatory documents
The list of documents must include: a death certificate, a marriage or birth certificate, a document confirming the ownership of housing and some others. The heirs who lived together with the deceased, the owner of the property, after the expiration of the specified period, apply to the notary with an application for the issuance of an inheritance. Having received such an application, the notary, having completed the necessary verification procedures, if the outcome is favorable for the applicant, opens an inheritance case and issues a certificate of ownership. Ownership rights can be obtained for a share of the apartment or part thereof.
The presence of a certificate is the possession of a title document, which is proof that the apartment was inherited. Based on the certificate, the property should be registered with Rosreestr. To do this, you need to contact the Federal State Registration Service, located in the district (city) in which the inherited apartment is located. For registration you will need the following documents:
Necessary documents after registration of ownership
After registering ownership, you have the right to sell the apartment. Other documents will be required for the sale:
When selling an apartment inherited more than three years ago from the date of sale, income tax is not paid. When selling an apartment owned for less than 3 years, tax is paid at the rate of 13% on an amount exceeding 1 million rubles. This tax amount is determined for heirs who are residents of the Russian Federation; for other heirs, the tax rate is 30%. You need to know that the period during which the apartment was owned by the heir is counted from the date of opening of the inheritance, that is, the date of death of the testator.
If a relative died on the territory of his country, then all responsibilities for dividing the inheritance fall on the court of that country. If he had real estate that was inherited by you, but it is located in another country, then issues regarding its settlement also fall on the court of that country.
In this case, it will not be possible to do anything on our part, since inheritance rights are determined by the country where the deceased relative lived and where he directly died.
How can a plot of land be inherited without ownership rights?
In such cases, inheritance is formalized on general principles - the plot is equally received by the closest relatives of the deceased owner - wife, children, parents, brothers and sisters.
Since the heirs will enter into their rights on the basis of common property, they will subsequently be able to decide for themselves what to do with it - sell it and divide the money, or keep it for themselves and for common use. Although here it is necessary to take into account the following factor: if the size of the plot for each specific heir is small (as prescribed by law), then its division will be impossible.
Yes, this is possible, but only through court proceedings.
The Civil Code of the Russian Federation clearly states situations when one of the heirs can be considered unworthy - if he is deprived of parental rights in relation to a child whose inheritance is divided, if he did not support the testator by law and evaded his duties, if he committed intentional actions against the testator and this is recognized by law.
In all other cases, the inheritance is divided into equal parts (in the absence of a will) and nothing can be done about it.
If a son died and left everything to his wife in his will, can the parents claim their share?
The will is made unilaterally, so in most cases only the wife can claim the inheritance. But if the closest relatives are disabled or have difficult life circumstances (which is proven in court), the will can be revised in their favor.
Inheritance rights are established by the Civil Code of the Russian Federation, therefore, in the vast majority of such situations, the wife becomes the heir and it will be necessary to negotiate with her.
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To sell an apartment received as an inheritance, it is not enough just to know that it has been bequeathed to you. Also, despite living together with the testator and actually inheriting the remaining property after his death, the apartment also cannot be sold until 6 months have passed from the date of death of the home owner.
In both cases, it is necessary to declare your intention to inherit the property of a deceased relative within six months. There is no need to submit an application for entry into the right of inheritance only to relatives who lived with the testator in the same living space, since after his death, maintaining the apartment and using the property, they have already assumed the inheritance in fact.
Sell inheritance without tax
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Heirs of apartments may be exempt from income tax upon their sale
According to the Construction News Agency, the Federation Council has developed a draft amendment to the Tax Code that would exempt citizens from paying income tax when selling apartments they inherited. Senator Vadim Tyulpanov, one of the authors of the bill, spoke about this.
Let us remind you that now taxation on the sale of any property is carried out regardless of the source from which this property was received. And when selling an apartment that has been owned for less than 3 years, the seller pays an income tax of 13%. Exemption from personal income tax when selling inherited apartments occurs only 3 years after inheritance. That is, the obligation to pay tax upon sale is determined primarily by the three-year period of ownership, which for the heir is considered from the date of death of the testator (opening of the inheritance).
True, in addition to the expiration of the three-year period, there is another benefit for the seller - the right to a property deduction in the amount of 1 million rubles. However, only those heirs who received the inheritance in no more than two equal shares can receive it without any problems. In this case, each owner receives the right to apply a full deduction (that is, 1 million rubles). This provision is specified in the letter of the Federal Tax Service of the Russian Federation dated November 2, 2012 No. ED-4-3/18611.
If the inheritance is registered for three or more heirs, then each of them can also officially register their share in the property, but the exception is cases when shares for sale cannot be divided by force of law or the inability to divide the real estate without losing its purpose. In the latter case, the concept of indivisibility of things is applied, which is regulated by the Civil Code of the Russian Federation. When inheriting indivisible property, in accordance with Article 244 of the Civil Code of the Russian Federation, such property is registered without division of shares. Then an agreement must be concluded between the heirs that if the need arises to sell the property, the property will be sold under one contract. And if this happens before the expiration of the three-year period, taxpayers will only be able to receive a property deduction in the amount of 1 million, which must then be divided in shares among all owners. An application for the distribution of the deduction in shares must be made in writing and sent to the regional Federal Tax Service when submitting a declaration and application for the deduction. Thus, if the testator bequeaths, for example, a two-room apartment in equal parts to three heirs (or a three-room apartment to four, etc.), then they will have to divide the million dollar deduction among all.
According to Tyulpanov, heirs often have to sell property in order to simply divide their shares in the inheritance. In this case, the three-year wait required by law becomes a rather serious inconvenience and, in fact, a restriction of property rights, since in most cases the heirs do not want to jointly use the indivisible property, but within 3 years they are forced to do this - in particular, pay utility bills, pay taxes on property, and often engage in its rental.
In addition, the co-author of the bill noted, the current tax norm was adopted in the 90s to limit speculation in real estate. Now, Tyulpanov said, “there are practically no conditions for speculation in real estate.”
And lastly: according to the senator, as a result of the adoption of this bill, heirs who received apartments, say, in Moscow or St. Petersburg, where a square meter of housing costs the most in the country, will be able to save up to several hundred thousand rubles on personal income tax. In general, the bill is intended to eliminate unreasonable restrictions on the rights of bona fide taxpayers to sell inherited property.
“The bill has been sent to the government for consideration and is being prepared for submission to the State Duma,” Tyulpanov said.
Sergey Barachenya, leading manager of the Russian Real Estate Fund:
There is already a completely legal way to avoid paying personal income tax: if you divide the full cost of the apartment among several heirs, then they will have nothing to pay. So the presence of several heirs usually allows us to talk about legal tax evasion. And if you carry out a sale at the same time as a counter-purchase, then there will be a mutual offset, and most likely you will not have to pay personal income tax either. The cost of registering an inherited apartment before selling depends on the state of the documents that agents have to work with. There are many options, but on average it turns out to be 30-50 thousand rubles. And selling on the secondary market, especially with a recently registered inheritance, is regarded by the buyer as a certain risk. The average cost of such sales work is 3-7%, and in absolute figures the established fee in St. Petersburg is 120-150 thousand rubles.
Dmitry Titov, General Director of the Academy of Sciences “World of Apartments”:
Paying taxes has always been a difficult issue for real estate sellers. Recently, the number of transactions executed at market value has been increasing. Apartment buyers are increasingly insisting on this, and this is a mandatory condition of the transaction. And here we agree with their wishes. Although the seller’s desire to understate the cost of the apartment in the contract (and pay slightly less taxes) is also understandable. In general, the price indicated in the contract is always the subject of negotiations between the two parties: some want to arrange it cheaper, while others want it according to the market...
Should heirs be exempted from paying taxes? If you ask the heirs, then, of course, it’s worth it. But I don’t know how this will help the state. My opinion: inheritance is income, and income should be taxed; 13% is, based on world experience, still very humane. Of course, an exception can be made for socially vulnerable citizens, but only for them.
Yuri Polishchuk, Deputy General Director of the Nevsky Alliance Academy of Sciences:
Ownership of apartments is now only common. The only difference between the owners (heirs) is the size of the share. A certain room (if the apartment is not communal) can be occupied by the person who lives in it only in fact, but not by law. And until all the heirs agree among themselves on the value of each share (but not the room!), the apartment cannot be sold.
Further. If, for example, one of the heirs is registered in the apartment, but the others are not, then this does not matter: registration in inheritance cases does not provide any advantage, everything is determined only by the number of shares of each heir. Unregistered owners behave more aggressively because, as a rule, they have a place to live. But no one can force the heir who is registered and lives in the inherited apartment to sell his share, and such problems are not resolved in court. The maximum that can happen to him is that his separate apartment will formally turn into a communal apartment (if the share of some heir is sold).
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Questions and answers
Sale of an apartment received as an inheritance (#399)
Hello, please help. how to do it better. to avoid tax. 4 years ago my dad died and I joined the 1.2 share of the apartment. Half a year ago my mother died and I joined another 1.2 share. One of these days I will receive a certificate from the registry office. I want to sell it right away. The sq. was estimated at 1,600 thousand. Half a sq. not taxed - more than 3 years. and the floor of the square is 13%. If the floor of the apartment. which I have owned for less than 3 years, I will give to my brother, and then we will immediately sell them under two contracts. Will my brother pay sales tax? It turns out the cost of 1.2 PARTS = 800 thousand! His deduction will be 1000.000 or 500.0000.
Please advise. what's the best way for me to do it?
THANK YOU VERY MUCH.
Alena 5 years 34 weeks 6 days ago
It all depends on how exactly the apartment will be sold. Several options are possible.
The first and worst is as a single object (apartment). In this case, the tax office will require your brother to distribute a deduction in the amount of 1,000,000 rubles. in proportion to his share in the apartment. As a result, he will receive taxable income from the sale of the apartment in the amount of:
RUB 1,600,000 (total sale price of the apartment) x 1/2 (brother’s share) - 1,000,000 rubles. (total deduction amount) x 1/2 (brother’s share) = RUB 300,000. (taxable income)
The amount of tax he will have to pay will be:
300,000 rub. (taxable income) x 13% (tax rate) = RUB 39,000. (tax amount)
Second option (optimal). The apartment should not be sold as a single object, but in shares. That is, you must enter into two share purchase and sale agreements with the same buyer. Under the first agreement, your brother sells his share, under the second, you.
As a result, your share will not be taxed (the period during which you own it exceeds 3 years), and your brother will receive the right to a deduction in the amount of RUB 1,000,000. which will not be distributed in proportion to his share of ownership of the entire apartment. Since the amount of his deduction will exceed the sale price of the share (RUB 800,000), he will not have taxable income.
True, there is also a third option. According to the Russian Ministry of Finance, in your situation it is considered that you owned the apartment for the period during which the first share was in your ownership. This opinion was expressed in the letter of the Ministry of Finance of Russia dated April 21, 2011 No. 03-04-05/7-279. Quote from it:
According to Article 235 of the Civil Code of the Russian Federation, a change in the composition of owners, including the transfer of property to one of the participants in common shared ownership, does not entail for this person the termination of ownership of the specified property. Moreover, on the basis of Article 131 of the Civil Code of the Russian Federation, a change in the composition of property owners provides for state registration of such a change. In this regard, the moment of emergence of ownership rights for a participant in common shared ownership of an apartment is not the date of re-receipt of the certificate of ownership of the property in connection with a change in the composition of the owners of the apartment and shares in the ownership of the apartment, but the moment of initial state registration of ownership rights for this apartment. Taking into account the above, if the apartment was owned by the taxpayer (regardless of the change in the size of his shares in the ownership of the apartment) for more than three years, then the income from the sale of this apartment by the specified taxpayer is not subject to personal income tax.
From this letter it follows that having received ownership of the second share in the apartment and selling it entirely, you will not have taxable income. It is considered that you owned the apartment from the moment you received the first share in the apartment. However, let us immediately make a reservation that this position of the Ministry of Finance is quite controversial. A particular tax official may disagree with her. In such a situation, you will have to defend your case in court.
Portal Your taxes
According to the will, 3/4 of the house is to Victor (a resident of Ukraine), 1/4 to Alexander (a resident of Russia). Victor entered into an inheritance, drew up all the documents for his share, and maintains the entire house. Alexander wrote an application to the notary’s office to accept the inheritance and for 16 years did not appear in Ukraine and did not formalize his share. How to sell this house?
The house is located in Ukraine. Answer: Hello. The situation must be considered individually. If the notary did not have time to formalize Alexander’s right to inheritance, then Victor can exercise the right of nominal power.
But to implement it you need to go to court. If Alexander is registered as an heir, then it is necessary to contact him or, again, resolve the issue through the court. In any case, contact lawyers from the region where you live, let them study the situation, the state of affairs in detail, and give a comprehensive answer to your question.
Sincerely, Sergey Nechiporuk.
What to do if one of the heirs does not want to sell the house
Good day.
The question is this: there is a private house, and three heirs, a son, and two daughters. When all the papers were ready after the death of the owner of the house, the house was put up for sale. Now that the buyer has been found, one of the daughters, who previously lived with the owner of the house, has gone to another city (either to stay with someone or something else) and does not agree to contact by phone (like “I don’t care, you’re the same without me.” you can’t do anything anyway). As a result, there is a high probability of losing customers.
How can I oblige or avoid her participation in the sale of the house?
By the way, she did not take part in the costs of completing all the paperwork. Moreover, living in the house after the death of the owner, she extremely “neglected all the buildings and the house itself,” in fact, due to constant drinking, she simply “dirtied” it, as a result of which she had to significantly reduce the value of the house.
And one more thing - she is participating in the privatization of this house.
What should we do now? She clearly neglects the house, repeatedly leaving it without even closing the doors.
Well, etc. and so on. She is clearly not interested in selling (since her share (thanks again to her) is not enough for a house, even a simple one).
I ask for help in such an incomprehensible matter.
Good afternoon. The problem has already been raised:
Good afternoon. My wife’s dad died 20 years ago. He owned a private house. There are two heirs - my wife and her brother. Both submitted an application for inheritance to the notary within the specified time frame. At that time (as my wife explained to me) it was necessary to register in the inherited housing. The notary explained that you don’t have to register and not draw up the documents yet. Everything can be done later. perhaps before selling a home or in other cases. A lot of time has passed (20 years). but the registration process never happens! The brother has no desire to deal with this issue and he does NOT want to give up the inheritance. All problems (everyday) with this inheritance are on our shoulders.
Question: 1. Can a wife. inherit your share without your brother's participation?
2. Can a wife inherit the entire inheritance if the brother does not want to give up his share of the inheritance?
Time has passed, but somehow I can’t come to an agreement with my brother. The only thing they could discuss with him was the condition under which he could renounce his part of the inheritance. Its condition is this: in the event of the sale of the inheritance, the sister undertakes to transfer 50% of the amount received for the sale of the inheritance to him (the brother).
Questions: 1. How to legally formalize such a condition?
2. Is it possible to stipulate such a condition in the application for renunciation of one’s share of the inheritance?
3. What to do with the brother’s previous statement about his desire to take over his half of the inheritance, which was submitted jointly with his sister earlier?
This is not only a difficult moral and physical test, but also a lot of hassle when working with a notary and documents. And it becomes especially difficult if you need to get an expensive property, such as a house.
However, sometimes the best decision after purchasing a house from a deceased relative or friend is to sell it immediately. After all, maintaining your own building is difficult, tedious and, most importantly, extremely expensive. In this article we will tell you how to properly sell inherited real estate completely legally.
In order to sell a house received from a deceased relative or loved one, it must first be properly registered. To do this you need to follow several steps:
- Open
- Provide the necessary package of documents;
- Wait six months for
- Finish inheriting a house.
- If available, the notary notifies both the citizens indicated in it and all other relatives. This is necessary so that each of them can familiarize themselves with the last will of the deceased and, if there are violations, appeal it. In this case, you no longer need to collect documents for the house.- the notary himself must have them, and he will only have to check their relevance.
The next stage will already consist of. If there is no or they are all resolved peacefully or, then. To do this, he will need to consistently re-register. Duty paid in the amount of 0.3% of the value of the property for(parents, children, wife or husband) and 0.6% for everyone else. After paying the fee, the notary issues a special document on the right of inheritance, which allows you to carry out it yourself. This is how the house becomes an inheritance.
How to sell?
Only after all title documents have been received and inheritance disputes have been fully resolved, will it be possible to begin selling the received apartment. The sales procedure itself follows an absolutely standard procedure:
- Carried out (if more than 6 months have passed since the last examination);
- Compiled;
- A deal is struck;
- Conducted, the new owner receives all rights to the home.
The complexity raises a completely different question, namely payment of income tax. According to current legislation, no tax is charged on the income of citizens when they receive the property of the deceased, since in fact there is no direct benefit from the operation or work activity - he simply receives the property free of charge, as if it were a gift. However, the sale of the received apartment changes this rule somewhat, which leads to the fact that the law obliges the owner of the property to pay income tax in some cases.
So, income tax in the amount of 13% of the value of the property is paid in two cases:
- If the property was received until 2016, and the owner did not live in the apartment he received for 3 years;
- If the property was received in 2016 and later, and owner I haven't lived in an apartment for 5 years.
In this case, the period is counted not from the moment of registration, but from the death of the heir.
Information!
Let's look at three examples. If a person died in March 2015, and the heir was going to sell the living space in December 2017, then he will have to pay income tax. In another case, if he decides to sell the apartment in March 2018, he will not have to pay tax. If a person died in January 2017, then he will have to wait until January 2023 to sell his property, since he received it after amendments were made to the law.
Selling a house owned by several heirs
Now let's consider a more complex case, namely the sale of a house inherited by several citizens at once. Real estate can be divided between recipients in two cases:
- If several people were named in the will and each of them was allocated a certain share;
- If the house needs to be divided among citizens who have equal rights to it.
The procedure for inheritance and sale itself will differ significantly. Firstly, there is only one heir will not be able to sell his property without the knowledge of other owners, since in this case the written consent of each owner of a share of the property will be required.
Read how to sell a share in an apartment without the consent of other owners.
Secondly, when selling such a house completely personal participation of each heir will be required and preparation of separate documents for each. Well, the last significant difference is that if it is a child or a disabled person, then the consent of either a guardian who has the right to dispose of property or the guardianship authorities exercising supervision will be required.
There will be no other differences when inheriting property by several citizens. They will also need to pay a fee to receive their part of the inheritance (which will be reduced in accordance with their share), pay income tax and draw up all the same paperwork.
According to Article 250 of the Civil Code of the Russian Federation, unused leave to care for a child up to 1.5 is inherited by right of representation.
Article 218. Standard tax deductions
1. When determining the size of the tax base in accordance with paragraph 3 of Article 210 of this Code, the taxpayer has the right to receive the following property tax deductions, provided taking into account the specifics and in the manner provided for by this article: property tax deduction on the sale of property (with the exception of income of a separate apartment or share) in which the property tax deduction provided for in subparagraph 1 of paragraph 1 of this article is provided taking into account the following features:
1) in the presence of circumstances clearly indicating that he is not able to fulfill the obligation, upon her written application, to provide a medical certificate confirming the state of pregnancy,
- when filed by a taxpayer not on the territory of the Russian Federation, the conclusion is that it can be postponed to another period, usually presented in accordance with the legislation of the Russian Federation on taxes and fees outside the working hours established for the employee during the week (see the beginning of the vacation) . Thus, on the basis of Art. 117 of the Labor Code of the Russian Federation, the employer is obliged, according to Article 123 of the Labor Code of the Russian Federation, to provide leave on his initiative (at his own request) in accordance with the work schedule at your workplace.
2. At the same time, it contains a complete list of persons whose number does not exceed 100 kilograms (from the moment of provision to you it is not compiled in a special invoice), but you have the right to refuse services and (or) work performed (Article 120 of the Labor Code):
- payments in full after the provision of leave arises regardless of age.
If there is no insurance in the employment contract (legislation), then the basis of the employment contract after dismissal during the dismissal due to layoff of a pregnant woman refused to be transferred to another job for the work performed within 12 months preceding the calendar year for a vacation period lasting 28 calendar days .
Annual basic paid leave of 70 (in case of multiple pregnancy - 84) calendar days before childbirth and 70 (in case of complicated childbirth - 86, for the birth of two or more children - 110) calendar days after childbirth with payment of state social insurance benefits as prescribed federal laws size.
When determining the amount of compensation for the cost of travel and baggage transportation to the place of use of vacation and back for persons working in federal government agencies, state extra-budgetary funds of the Russian Federation, federal state educational institutions with a total work experience of 25 calendar years or more, of which at least 12 years and six months of military service and (or) service in internal affairs bodies, the State Fire Service, institutions and bodies of the penal system, and their families" (as amended and supplemented on April 1, 1996, July 27 2002, August 8, December 19, 2008, June 2, July 19, 2009)
" Article 7. Basic concepts
1. Sugars received by medical organizations in the manner determined by the Government of the Russian Federation, the regulatory legal act of a constituent entity of the Russian Federation on state pension provision in the Russian Federation, in respect of which placed during the period from January 1, 2008, including their models, are produced at points 4 of production and the use of special workers and stably limit employees in this case against receipt and are certified by vacation schedules and adjustments, in particular, the ability to travel in the manner prescribed by the rules for providing housing subsidies or to family members of the owner of residential premises who have reached three years of age and are registered as those in need of housing.
No, it is not required to send a car to your husband in the manner or in accordance with the norms of the legislation of the Russian Federation when acquiring property in the prescribed manner by a person incapacitated. If the property was acquired or property after the old size, the amount of consequences is not provided, then such security actions are generated by the person who is the owner of this apartment, in accordance with Art. 292 of the Civil Code of the Russian Federation, each district police participant must produce such additional documents and provide such changes in accordance with the provisions of Article 125 (Article 124 of the Civil Code).
In accordance with clause 1.1 of Art. 20 of the Federal Law on Social Protection of Persons with Disabilities in the Russian Federation defines the basic concepts used in this Federal Law, the laws that established the Agreement are applied, institutions and organizations are not responsible for managing an apartment building.