Part of a house: how to buy and register it
Part of a house costs less than a whole one, but it raises more questions. We explain how a share differs from a separated part, why co-owners must be notified and what to check before signing at the notary.
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A share and a separated part are not the same
In listings, “part of a house” can mean two different things, and almost everything depends on which.
- A share in common ownership, for example half of a house and plot. Legally there is one house with several owners, and particular rooms belong to each only by agreement.
- A separated part: part of a house registered as a separate property with its own entrance, floor area and, ideally, its own plot.
The Cadastre extract shows exactly what is for sale. That decides how the deal is done, whether the neighbours must be involved and how easy it will be to sell or mortgage your home later.
Co-owners' right of first refusal
When a share is sold, the law protects the other co-owners. Under Article 195 of Armenia's Civil Code, when a share is sold to an outsider, the other participants in shared ownership have a right of first refusal to buy it at the same price and on the same terms. The exception is a sale at public auction.
- The seller notifies the other co-owners in writing of the intention to sell the share to an outsider, stating the price and other terms.
- For real estate, the co-owners have one month from receiving the notice to buy the share.
- If they decline or do not buy within that period, the seller may sell to anyone.
- If the right is breached, any co-owner may within three months ask a court to transfer the buyer's rights and obligations to them.
This right cannot be assigned to anyone else, and the same rules apply when a share is exchanged rather than sold. The lesson for a buyer is simple: without proof that the co-owners were notified and declined or let the deadline pass, buying a share is risky.
Can the house be divided?
Property in shared ownership can be divided, or a share can be separated from it, by agreement between the co-owners (Civil Code, Article 197). If they cannot agree, the matter goes to court. Physically dividing an old house is not always possible: it needs separate entrances, separate utilities, sometimes a new layout and new documents. So before buying, find out whether a division is possible at all and what it would cost.
What to check before the deal
- What is registered: a share (exactly how much) or a separated part with its floor area.
- Who the other owners are and whether they are in any court disputes.
- Whether there is a written agreement on how the house and yard are used: who has which rooms and which part of the yard.
- Whether the entrance and the electricity, gas and water meters are separate or shared.
- Encumbrances on the whole house: mortgage, seizure, utility debts.
- How the land is registered: a share in the plot, a separate plot, or not registered at all.
Registration
The sale contract is signed at a notary, after which ownership is registered with the Cadastre Committee. Make sure the contract states the exact size of the share or the floor area of the separated part, as well as your share in the land plot. Ask the notary in advance which documents your case needs, for example the co-owners' refusals or the consent of the seller's spouse.
Key takeaways
- Check in the Cadastre extract what is for sale: a share in a shared house or a separated part.
- When a share is sold, co-owners have a right of first refusal: one month from written notice.
- If that right is breached, a co-owner has three months to sue for transfer of the buyer's rights.
- Check the usage arrangement, separate meters and land registration before signing at the notary.
