Exchange of a 3-room apartment, options for exchange of a 3-room apartment

The issue of exchanging an apartment is relevant for couples who want to divorce and live separately, for the separation of parents and grown children, for expanding their living space, etc.

The exchange can be either equal (the exchange occurs in relation to apartments that are located in different places, but their market value is the same) or unequal (for example, a three-room apartment is exchanged for two one-room apartments).

How to exchange an apartment in Russia in 2021 for another? Is it possible to exchange a non-privatized apartment for a privatized one?

Before raising the issue of real estate exchange, it is necessary to consider real and popular exchange schemes.

Exchange of an apartment with 3 rooms for 1+1+1

It would seem that what could be simpler: to exchange a 3-room apartment for 3 one-room apartments, but in this case there is no need to use mathematics.

The fact is that three one-room apartments will be larger in area than 1 three-room apartment. Yes, even 2 one-room apartments will be larger in area than one three-room apartment, because you need to take into account that each apartment has a bathroom, toilet, corridor and kitchen.

Therefore, if there is a need for an exchange, then you need to understand that it will not be possible to exchange a large apartment for 2 or 3 small ones without an additional payment.

However, there are situations when people still manage to change housing without additional payment:

if the three-ruble ruble ended up being larger in size than the three one-room apartments;
if a large apartment is located in the city center or in a prestigious area, and the exchange is made for “one-room apartments”, which are located in residential areas;
if a 3-room apartment has undergone a brand new renovation, but in the one-room apartments there is no renovation or it is light and cosmetic;
if a spacious apartment has a good layout, all rooms are separate, and the selected one-room apartments have a small kitchen or living room, and a shared bathroom.

In reality, it is almost impossible to exchange one large apartment for three small ones without additional payment . A more realistic deal would be to exchange a 3-room apartment for two one-room apartments.

How and what to exchange a three-room apartment for? Exchange options for two-room and one-room apartments

The practice of barter agreements began quite a long time ago. Back in the days of the Soviet Union, when all apartments were mostly of the same type, it was much easier for people to change their living quarters when moving.
This type of exchange was used even if citizens moved from city to city. For example, one side has a three-room apartment, and the other side has two one-room apartments.

Purchase and sale is used when the parties initially do not want to enter into an exchange contract or when a third party enters into the transaction.
Sometimes the exchange may take place through an intermediary . For example, a realtor is given a deposit and he buys the areas of interest. Then the apartments are sold to third parties and only then an exchange agreement is concluded with the realtor.

Exchange of a 3-room apartment for 1+1

It would be more correct and realistic to exchange a spacious three-room apartment for two one-room apartments. Moreover, despite the fact that the buyer of one-room apartments loses one room, he does not lose space, since he usually tries to find housing that, in general, would best fit the area of his three-room apartment.

It is possible to exchange a three-ruble ruble for two one-room apartments without additional payment in the following cases:

if the 3-room apartment has been well renovated, and the one-room apartments have undergone cosmetic renovations;
if the “treshka” is located in an elite area or one where there is a convenient transport interchange, and “odnushki” are located in residential areas;
if the three-room apartment is in a new building, and the one-room apartments are located in old houses.

Exchange of a 3-room apartment for 2+1

It is possible, but very difficult, to exchange a 3-room apartment for a 2-room and 1-room apartment.

There are extreme situations when one participant in the transaction desperately needs to buy an apartment for his large family, but he just has a two-room apartment and a one-room apartment, which he can exchange for a spacious three-room apartment. However, this is most likely luck, since in reality it is unlikely to be possible to make such an exchange without additional payment.

However, it is still possible to do this, but you just need to take into account such nuances as:

location of apartments (in the center, on the periphery, in an ecologically clean area, in a historical place, etc.);
apartment layout, common living space;
presence/absence of renovations in apartments;
the presence of basic infrastructure nearby - shops, hospitals, schools, etc.;
technical condition of the house, year of its construction, etc.

How to exchange a 3-room apartment if one of the owners is under 18 years old?

Respect for the interests of persons under the age of majority is strictly controlled by the guardianship and trusteeship authorities. How to exchange a three-room apartment if he is one of the owners? In the case where a minor owns a share, during the exchange one should take into account the fact that he must become the owner of real estate that is equivalent in housing conditions to the apartment being sold.

In this case, the transaction is made by his legal representative, but only after receiving consent from the guardianship authorities. It cannot be obtained if after the transaction the child’s property decreases. At the same time, officials from the guardianship authorities check the legality of the transaction. So, they establish its compliance with the interests of the child, make sure that his living conditions do not worsen, etc.

Exchange of 2-room apartment

Two-room apartments are in high demand among Russians: they are small, so you don’t have to pay a lot for them; such housing is designed for both one person and a family with children.

Realtors can offer anyone the following options for exchanging a 2-room apartment:

for two one-room apartments with or without additional payment;
for 1 one-room apartment + dorm room;
for 3 rooms in a dormitory;
for 2 one-room apartments.

More realistic exchange options are all except the first, but people want to get the maximum benefit from the transaction, so they try to do everything possible so that the number of rooms remains the same during the exchange.

But many people forget that when exchanging a “kopeck piece” for 1+1, someone who decides to acquire two apartments has an additional bathroom, kitchen and corridor, so such an exchange is often unlikely.

But you can and should look for suitable options, because in practice you can make an exchange if:

the total area of the two-room apartment will be larger than two one-room apartments;
the apartment is located, for example, in the capital, and its owner wants to exchange for two one-room apartments located in the Moscow region or in another city of non-regional significance;
“kopeck piece” is located in a prestigious area, and “one-room apartments”, although they are also in the same city, are located in residential areas;
the “kopeck piece” has been luxuriously renovated, and one-room apartments are sold with a regular layout and cosmetic renovations or without them at all.

Ways to exchange housing in 2021

There are several options for how an apartment is exchanged:

Drawing up an exchange agreement. Anyone who wants to exchange his real estate must find a person who will like his apartment, and his apartment or apartments will suit him. Finding such a person on your own is a real success, because even an experienced realtor cannot always help you find suitable exchange options that would suit both parties to the transaction. Often, an exchange agreement is concluded between relatives, for example, parents want to exchange their spacious three-room apartment for a two-room apartment, where their son lives with his family.
Drawing up a purchase and sale agreement. In 90% of cases, the exchange of apartments occurs by concluding two sales and purchase agreements. First, the interested person needs to sell his apartment, and for this it is advisable to contact a real estate agency, where specialists can correctly assess the value of the property, select a buyer, and create the necessary package of documents to complete the transaction. While the realtor is selling the apartment, the seller will be able to find suitable options for purchasing two apartments. When he finds a suitable option that suits him for the price, then after selling his own apartment, he will be able to purchase the desired housing with or without additional payment.

The procedure for exchanging apartments will differ depending on what rights the owner has to real estate (whether the apartment is privatized or municipal).

If the apartment is privatized

If the owner of the apartment is its full owner, that is, he has privatized the housing, then he can try to draw up an exchange agreement, but for this he needs to go through a number of stages:

Find a suitable exchange option that will suit both parties to the transaction. It is advisable not to look for housing on your own, as this can take months or even a year. It is better to turn to a real estate agency for help, especially since they usually have their own client base.
Draw up and sign the exchange agreement, transfer deed. The main difference between an exchange agreement and a purchase and sale transaction is that in the first case, money for the apartment is not transferred, since the housing is being transferred.
Prepare the necessary package of documents to complete the transaction and submit it to Rosreestr or MFC for re-registration of property rights.
Receive an extract from the Unified State Register of Real Estate.

If one apartment is privatized and the other/others are not

According to the law, it is possible to exchange privatized apartments, but it is impossible to exchange privatized housing for municipal housing . This is due to the fact that people understand that exchanging their own housing for a non-privatized one is a stupid idea, so this type of transaction is not carried out.

If relatives exchange apartments

The exchange of apartments between close people is carried out on the same basis as for strangers. The legislator did not establish any benefits or privileges in this case.

However, the main advantage of exchanging square meters between relatives is that usually the parties to the transaction do not require additional payment for the unequal area of the exchanged housing.

If the housing size is unequal

If a person wants to exchange his three-room apartment for 1+1+1, then this usually means that he wants to make a unequal transaction. And in this case, he will have to make an additional payment for the difference in cost between the apartments.

It is unlikely that you will be able to calculate the amount of this additional payment yourself, especially since the parties cannot always agree on the amount of the additional payment.

Therefore, in the event of an unequal exchange, it is advisable to seek help from a specialist, an independent appraiser, who can correctly calculate the required amount of additional payment.

By the way, the surcharge can be expressed not only in monetary terms, but also in property terms, for example, a person leaves all the furniture and equipment in the apartment or makes repairs.

Selection of personal option

If the market situation is determined, you can move on to searching for an option for yourself personally. In the simplest case, a standard alternative transaction is carried out. At the same time, the existing apartment is sold, and purchase and sale agreements for new ones are drawn up. The problem is finding both buyers and sellers at the same time.

The alternative deal is especially popular among realtors. It is used for relocating communal apartments and exchanging living space with an additional payment. The owner does not have to urgently look for money to buy a new apartment, and then wait for years for the sale of the existing one. But it’s difficult to call an ideal alternative deal. Most often, it is multi-step, complex chains of sales and exchanges are built. If one link is broken, the procedure has to be started again.

Exchange of a non-privatized apartment

Is it possible to exchange a municipal apartment in 2021? Yes, you can make an exchange, but you must meet a number of conditions and requirements:

For the exchange transaction to take place, it is necessary that all persons registered in such an apartment must agree to the exchange. In this case, consent must be obtained not only from those who actually live in the apartment, but also from those who are currently not temporarily living in it (doing military service, on a business trip, on long-term treatment, etc.).
If incapacitated or minor persons are registered in the apartment that is being prepared for exchange, then the owner of the apartment must obtain consent from the guardianship authorities to complete the transaction.
You can only exchange a municipal apartment for the same apartment or several apartments.
For a successful exchange of living space, it is also important to obtain the consent of the landlord - the one who actually owns the non-privatized apartment (the municipality, the state).

Exchange of an apartment if the co-owner disagrees

How to exchange an apartment if one of the owners is against it? When it comes to privatized housing, which has several owners, this means that such housing belongs to each owner on the basis of shared ownership. And if the co-owner refuses to exchange the apartment, then the transaction will not work.

The only way to exchange an apartment is to go to court. At the same time, it is important to prove in court why the plaintiff wants to exchange the apartment. And if the judge takes his side, then the plaintiff will have to pay the defendant the cost of his share of the apartment in financial equivalent.

If you don’t want to go to court, then you can go the other way - sell your share of the property and use the proceeds to buy an apartment with an additional payment. It is important to note that before selling a share, you should offer to buy it back from the remaining co-owners.

Apartment exchange: how to make a profitable deal

In case of an unequal exchange, one of the parties has to pay extra to get a new apartment. So, for example, it is difficult to exchange a two-room apartment for two one-room apartments: in order to get two full-fledged, albeit small, apartments instead of one, the seller will have to make an additional payment.

According to the provisions of the Family Code, all property acquired jointly by spouses during marriage, including real estate, is subject to division “in half”, unless otherwise provided by the marriage contract. It turns out that after the end of the marriage, the spouses become owners of shares in the apartment. The sale of a share of real estate is not officially prohibited and is theoretically possible. But in practice, doing this is very difficult, almost impossible: what kind of buyer would agree to own half of the apartment? Therefore, it is necessary that the former spouses come to a mutual agreement: they sell their shares to one buyer, and with the proceeds they purchase a separate home for themselves. This will be the exchange. The procedure can be significantly complicated if the participation of guardianship authorities is required (one of the homeowners is a minor child).

Features of exchanging an apartment where children are registered

When it comes to exchanging an apartment with minor children, many citizens think that they may have problems during the transaction.

And they can really begin if the following conditions are not met:

Before concluding an exchange agreement, it is necessary to obtain consent from the guardianship authorities.
The new living space in terms of living conditions for the child should be no worse than the previous ones, and maybe even better. Otherwise, if the case goes to court, the judge may declare such a deal invalid.

How to put your new apartment in order?

The apartment exchange is completed. You are moving to another house, but the previous owners have not re-pasted the wallpaper or changed the flooring for a long time. And, on top of everything else, you don’t want to live among the memories of other people.

Everything is very easy to fix. It is enough to conclude an agreement with a reliable company that deals with turnkey major repairs. Professionals will take on the renovation of your new living space: they will draw up an estimate, develop an architectural design, purchase materials, remove construction waste and even carry out clean-up after the renovation is completed. And all this for a fixed time and cost. All that remains for you to do is choose the desired design and accept the work within the specified time frame. Now everything in your apartment is done to your taste, with high quality and comfort!

Exchange of apartments in court

The process of exchanging an apartment does not always go smoothly, especially when there are several owners. In this case, it is worth raising the issue of forced exchange through the court.

At the court hearing, the plaintiff must convince the judge why it is so important to carry out the barter transaction:

one of the owners of the apartment behaves unworthily - organizes brawls, parties, does not take part in cleaning the apartment, repairs, etc.;
the initiator of the apartment exchange was the ex-wife or the husband, who wants to live separately after the divorce;
scandals, quarrels, fights, etc. regularly occur in the family.

To file a claim in court for the forced exchange of an apartment, an interested person must do the following:

write a statement of claim, where you should indicate the reasons for the exchange;
collect the necessary documents for the apartment;
provide evidence at the meeting (photos, videos, witness statements) that the need to change housing arose due to indecent or indecent behavior of someone living in the apartment.

In order to exchange an apartment, you need to understand that the transaction will go through faster if the parties make an equivalent exchange, for example, a person exchanges his three-ruble ruble for 2 one-room apartments.

You can exchange both municipal housing and privatized housing, with registered persons, minors, and in court. To successfully conclude an exchange agreement, you cannot do without the help of specialists (realtor, appraiser).

How can I exchange an apartment through the court?

Privatization can only be done with the consent of all residents. If even one is against it, nothing will work out. You can force the exchange of a MUNICIPAL apartment in court by presenting to the court 3 options for exchange, which does not infringe on the rights of other residents. In general, theoretically, it’s possible. And practically find options for exchanging for municipal housing. It is almost impossible for this to violate the rights of others.

Of course, you all have equal rights. You have the right to 3/4 of the apartment, but in reality you won’t get it. Previously, it was possible to split a personal account, but now this method has been cancelled. You can try to establish the procedure for using housing through the court. He may be forced to move to a small room, but this depends on the judge, she may offer you to go live in an apartment, this also happens. If possible, try to peacefully negotiate an exchange with your father. But it will take a lot of money for additional payments on both his and your part. After all, he believes that the aggressors have come and are surviving. Does he love his grandchildren? Try to play on this. And look for him, at least for a small family, but for separate housing. Having at least a room, save up and eventually exchange it for more. Talk directly to the judge that she is! will advise.