Join date: Jul 22, 2022


But most often you have to deal with a misunderstanding of such simple rules. Therefore, using examples from my practice, I will analyze situations where the parties cannot simply sit down and draw up a single deal plan.

Case 1: Division of property in case of a hidden conflict of interest

Two sisters and a brother received apartments by inheritance in equal shares. The older sister considers herself the main one in the family, believing that she has slightly more rights to property than others. However, she forgets that, according to the law, the younger brother and sister have the right to dispose of their property at their own discretion. Of course, the priority right of redemption belongs to the shareholder of the apartment, but if the other party is not satisfied with the proposed redemption amount, then the share will be legally put on the market.

An older sister with a child uses the entire area of ​​a three-room apartment of 75 m2 with a market value of 16,000,000 rubles. She “covers” her exclusive right to an apartment by the fact that, unlike her younger sister and brother, she has a child and he needs a separate room. But the cost of the apartment allows, albeit with a change of area, after the sale to buy real estate for all three equity holders, even without additional payment.


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