My ex-husband and I have been divorced for 14 years. He is one of the co-owners of the apartment. Lives abroad and does not appear in Ukraine. Can I sell the apartment without his consent?
Can I sell the apartment?
solvedAnswers
Tatіana Mazur
If you plan to sell the entire apartment, it is possible only with the participation of all co-owners (that is, your husband). If the other co-owner refuses to make a deal, it will be impossible to sell the entire apartment. Only if your husband's share is quite small, this issue can be resolved through the court.
You can sell your part of the apartment. But here, too, there are nuances.
According to Article 361 of the Civil Code of Ukraine, the co-owner has the right to independently dispose of his share in the right of joint partial ownership. BUT according to Art. 362 of the Civil Code of Ukraine defines the co-owner's right to preferentially purchase a share over other persons at the price announced for sale by other co-owners of housing.
Yes, the seller is obliged to notify the other co-owners in writing of his intention to sell his share, indicating the price and other conditions on which he sells it.
If the other co-owners have refused to exercise the pre-emptive right of purchase or will not exercise this right in relation to the immovable property within one month from the day they receive the notice, the seller has the right to sell his share to another person.
28.07.2023 08:59