Продажа квартиры с обременением

Автор: admin  //  Рубрики: Азбука недвижимости

Продажа квартиры с обременением 1

Продажа квартиры с обременением

Сегодня мы с Вами рассмотрим  довольно важный моменте в сделке купли-продажи квартиры (дома): а именно, как быть с теми гражданами, что зарегистрированы на продаваемой (покупаемой) жилплощади и имеющими полное право ее пользования? Именно такие жилые объекты получили название квартиры с обременением.

Бесспорно, проблема эта в первую очередь затрагивает интересы продавца, потому что именно ему нужно продавать свою недвижимость, а покупателю, как обычно,  всегда есть из чего выбирать.

Рынок недвижимости, как, впрочем, и все другие, в разные временные отрезки переживает то подъемы, то спады. Экономический кризис, безусловно,  отрицательно повлиял на его динамику, однако окончательно задержать процесс не смог.  Дома, квартиры, землю как покупали, так, наверняка, и будут покупать.

Обременение квартиры бывает разным. Иной раз оно снимается легко, в некоторых случаях приходится судиться, а иногда эта проблема абсолютно неразрешима без продолжительных переговоров всех заинтересованных граждан.

Самое важное в этом вопросе, своевременно поставить в известность потенциальных покупателей, в силу того что, если проблема существования обременения вскроется только после сделки, то новый хозяин может потребовать с бывшего владельца не только возврата денег в полном размере, но, заодно, и возмещение морального ущерба.

Давайте, для примера, разберем несколько ситуаций, при которых в продаваемом жилье остаются зарегистрированные люди, имеющие право на пользование этой жилплощадью.

Наиболее простым и идеальным вариантом для продавца – будет тот, при котором зарегистрированные в данном жилом помещении люди, в частности, бывшие или настоящие члены его семьи «сами по себе» выписываются.

Продажа квартиры с обременением 2

Существенно сложнее бывает с бывшими родственниками (женами, мужьями и т.д.), которые не хотят добровольно оформить выписку. В данном случае действовать нужно исключительно в судебном порядке.

Очень часто  это помогает. Однако, у отдельных граждан есть все законные основания не менять место регистрации. Вот в  таких ситуациях суды бессильны.

В случаях, когда при проведении приватизации жилья, собственность оформлялась только на одного из супругов,  другой же при  этом официально отказался, но оба обладали равными правами на пользование жилым объектом, то после развода и продажи такой жилплощади одной из сторон, вторая имеет полное право на бессрочное в ней проживание.

Все это, бесспорно, сильно затрудняет жизнь владельцу квартиры (дома) в его желании продать свою недвижимость и выручить за нее достойную сумму.

Следующие  два вида обременениядоговор пожизненного содержания с иждивением и «завещательный отказ». В случае завещательного отказа «отказополучатель» обладает правом проживать в данной квартире (доме) до конца своей жизни или до даты, указанной завещателем.

Необходимо отметить, что наследник, при этом, имеет право совершать различные сделки с жильем без согласия с «отказополучателя». В том числе сдавать, продавать, дарить и т.д.

Продажа квартиры с обременением 3

В случае с  обременением в виде проживания в квартире третьего лица, в соответствии с договором пожизненного содержания с иждивением, данный плательщик ренты не имеет права без согласия иждивенца заключать какие-либо сделки с данной квартирой.

Только существенно снизив цену, возникает вероятность продать квартиру с обременением, а значит, переложив на плечи покупателя все дела, связанные с этой проблемой.

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Валерия Рытвина. Квартира с обременением

 

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