Is it possible to give up a share of real estate in favor of another owner?

17.08.2023 09:21 • Question

If the ownership of a destroyed residential building is registered for 4 persons and registered in the Land Register of Immovable Property for each of these persons with a 1/4 share, can three of these persons submit to the registration service a waiver of their share in favor of one person and in this way, to re-register the right of ownership for one person from the family?

Currently, Diya does not accept applications for compensation for destroyed property if it has several owners. Accepts only if the owner is one.

1 Answers

Yaroslav Sikorsky

Answer provided 27.09.2023 12:33

Yes, you can.

The alienation of joint property takes place with the consent of the co-owners, and the alienation of a share - only if it is available (after changing the legal regime of the joint property of the spouses from joint joint ownership to joint partial ownership). In this case, the co-owner has the right to independently dispose of his share, but in compliance with the requirements of Article 362 of the Civil Code on the preferential right to purchase a share (if the latter is alienated on the basis of a sales contract).

The answer is informational and does not replace a full legal consultation. For a detailed analysis of your situation, contact a lawyer directly.