The lawyer told when a Russian’s apartment can go to the state

Until the early 1990s, the entire housing stock in the Russian Federation belonged to the state, and residents were tenants of real estate on the basis of a social tenancy agreement. Russians received the right to re-register their housing as personal property only in 1992, when a free privatization program was adopted.

However, it is important for every owner to remember that in exceptional cases the reverse process is also possible, during which the privatized apartment is alienated in favor of the state.

What is single housing: legislative regulation

This is the place in which a person permanently resides. At the same time, the citizen does not have any other property that could serve him as a home. According to current laws, the only living space includes: cottages, rooms in communal apartments and other buildings suitable for permanent residence. They must fully comply with all necessary sanitary and epidemiological standards. In Russian legislation, this issue is regulated by 3 legal acts: civil and housing codes, as well as the law on enforcement proceedings in the Russian Federation.

Is the threat of an apartment being seized for debts real if it is the only place to live?

Until recently, people who owned only one room suitable for living did not have to worry that it would be taken away and sold at auction. At the moment the situation has changed somewhat. In 2021, a bill gained great resonance, if passed, the debtor’s home could be confiscated, even if it is the only one. This rule was never adopted. However, borrowers who have obligations to a credit institution should still closely monitor the situation. So, can a bank take away an apartment or a share in it for debts? This is possible in certain cases. When considering such cases, judges follow the law, but with some amendments. For example, if the debtor’s only home is a house, then part of the land plot can be seized and sold to pay off the loan. The borrower must provide evidence that he has no other property in which he can live. The court also has the right to make a decision on the relocation of a citizen who has debt obligations to the bank to a living space or room of unequal conditions.

Who can seize property

Regardless of the amount of debt to the creditor, only the court and bailiffs can impose restrictions on real estate. If the bank itself or the collectors threaten to take away your home for non-payment, this is only a psychological, intimidating measure of influence. They do not have such powers. Keep in mind that such actions on their part are illegal, and you have the right to file a lawsuit. Often, arrest does not mean seizure. The citizen still has the right to use the property, but some restrictions will come into force:

Real estate cannot be donated, sold, or transferred to third parties.
It is forbidden to rent it out.
You cannot register anyone or, conversely, deregister anyone.

Important note: if the arrest report states that the citizen cannot use the housing, then he will have to move out of it.

Escheat

If six months after the owner’s death there are no heirs and the apartment remains unclaimed, it goes into the municipality’s social housing fund. It can be given to those in need of housing under a social rental agreement. Such property in civil law is called escheat.

Heirs who show up later than six months can restore their rights to such an apartment. They will have to prove that they missed the deadline for entering into inheritance for a good reason, the lawyer explains. In this case, local authorities must return the apartment or provide compensation for it.

What documents must the bailiff present when they seize an apartment for debts?

When foreclosure of real estate, you are required to provide the appropriate court decision. Also, the bailiff will need to draw up an act with a mandatory inventory of the property. This document is drawn up in the presence of witnesses. It should reflect the following information:

information about all persons participating in this event;
name of property and/or rights to it;
preliminary assessment of the value of the seized object;
type and duration of restrictions on the use of this property;
note of seizure;
the judicial authority to which the property will be transferred for temporary storage;
a note explaining to the person who will receive the object the rights, obligations and a warning about liability for wasting someone else’s property;
comments from eyewitnesses present at the arrest.

After the act is completely filled out, it is signed by all citizens present at the seizure.
Read What bailiffs do not have the right to arrest: what property and things they cannot describe

Why is the only housing taken away?

Alimony, non-payment of a loan, accumulated utility bills, unpaid amount to a victim involved in an accident - there are a lot of options when a person becomes a debtor. We will answer the most popular questions regarding arrest for debts.

Can their only home be taken away during bankruptcy?

As a rule, banks take away the apartment if it is pledged. Such loan agreements are often drawn up if the borrower takes out a very large amount. Please note that the indication of property in the form of living space in the contract does not constitute its collateral. Only by signing an agreement registered with Rosreestr can the object be seized by the bank as material compensation for non-payment of the loan.

Does the amount of debt matter?

The answer to this question is unequivocal - yes. So, for example, if the debt is about 200-300 thousand rubles, which is much lower than the average market price, then the court is unlikely to rule in favor of the creditor.

Obligations for alimony payments

If there is a debt in payment of financial assistance to the child, there is also a risk of losing real estate. This is especially possible in situations where the unpaid amount is already quite large (equal or almost equal to the approximate cost of a citizen’s living space), and the alimony payer is trying in every possible way to hide his income. Often such people own apartments where the ex-wife lives and also has ownership rights, and she filed a lawsuit. The debtor's share may be seized and transferred to the claimant as compensation for non-payment of alimony.

Can an apartment be taken away for utility debts?

According to the Housing Code, if a citizen has not paid utility bills for 6 months or more, he will most likely be evicted from his home. To apply such sanctions to the debtor, 2 conditions must be met:

During the specified 6 months, no utility payments were made at all. If even a small part of the debt was repaid during this period, no one will be able to evict you.
The owner of the house should ignore any attempts from the management company to resolve the situation in a peaceful, civilized way - warning letters, notices of debts and fines, and others.

You can often hear the question for what debt on utility bills can an apartment be repossessed. As a rule, the amount in this case does not play a special role. If the owner has not made payments for more than six months, he has the right to evict him, no matter what debt has accumulated.

Seizure of a share in the right of ownership of housing

Article 446 of the Code of Civil Procedure of the Russian Federation states that it is impossible to withdraw a share when this is the only dwelling in which all family members have the opportunity to live. If the borrower has other real estate, the court will most likely rule in favor of the lender. When considering this issue, one must also take into account that shared ownership is not confiscated when a minor child is registered in such apartments.

Is an apartment taken away for debts on loans if it has a mortgage?

Mortgaged real estate is usually the subject of collateral. Therefore, it is definitely subject to confiscation. These sanctions are usually applied when there is a delay in payments of 3 months or more. The living space is confiscated, even if a small child is registered there.

Additional property present

According to current legislation, alienation of a single dwelling is prohibited. When a person has several houses, they can be seized and put up for auction without any problems.

If housing is more expensive than total debt

Very often, the value of real estate exceeds the amount of the loan taken and unpaid interest. In this situation, can they be evicted from the apartment because of the debt? Yes. For such cases, Russian legislation provides the following procedure. The property is put up for auction and sold at market value. All debts of the citizen are paid off with the funds received. If any money remains from the proceeds, it is returned to the former owner.

When a minor lives in the house

Even if a small child is registered in the apartment, such housing can also be taken away for lack of payment of financial obligations. True, this procedure is quite complicated. The only ones who have the right to give permission to evict children from home are the guardianship and trusteeship service. Before approving such actions, they must conduct a thorough analysis of the child’s living conditions, the state of the living space, and so on. Their decision is particularly influenced by the presence of a second home for a minor. Also a reason for eviction is a deed of gift addressed to a minor citizen. In this case, the housing is seized and put up for auction. Separately, you need to dwell on the living space, which was purchased using maternity capital. The fact is that such real estate belongs to all family members, including small children. Therefore, it will be very difficult for the competent authorities to realize such property.

When can an owner lose their home?

Since the owner has privatized the apartment, he is charged with maintaining the premises, as well as paying for services provided by various authorities. When the debt accumulates and the citizen cannot pay it off, the apartment is repossessed. This is legal only if the housing is not the only one owned.

The living space remains inviolable as long as the owner does not have serious debts for housing and communal services, as well as other payments that are required from the owner. If you have a large debt on alimony, a loan agreement or utilities, the risk of losing your apartment increases.

When property is purchased with a mortgage, a citizen may lose even his only home, since collateral restrictions are imposed on him. Until the mortgage is paid in full, the apartment is the bank's collateral.

But not every debt can lead to home loss. To do this, the lender must have papers confirming the existence of the debt, and the amount must be comparable to the price of the apartment at market value. The creditor must also provide a court order to seize the premises.

What if the property is not owned?

Can bailiffs seize an apartment for debts when it does not belong to the borrower?
No. If the object is not owned by the debtor, no one has the right to seize property. The obligations do not apply to third parties. However, it is possible to seize the property located in this premises and belonging to the borrower. Read Do bailiffs have the right to seize a pension: is it possible to seize a pension account

If you do get evicted, what to do: expert opinion

The trial and the decision made not in favor of the client mean that the debtor is obliged to vacate the home. Evictions are handled by bailiffs. In the first case, the parties agree on a date for the voluntary transfer of keys. In the second, the procedure takes place in the presence of supervisory authorities (police, Ministry of Emergency Situations, prosecutors) and witnesses.

IMPORTANT! It will be possible to avoid the initiation of enforcement proceedings to foreclose on a mortgage if the citizen (defendant), after a court decision, is able to fully repay the debt to the bank within the established time frame. Also, at the initiative of the mortgagor, if there are good reasons for the delay, the court, upon application, may postpone the execution of the decision for a period of up to 1 year. If during this time the debt is repaid, the court decision will be canceled

To avoid being evicted for mortgage debts, you must independently notify the other party to the mortgage agreement in advance, always make contact with bank employees, do not try to evade payment, and provide official confirmation of loss of solvency. Most banks are loyal to such clients and make concessions, offering deferred or installment payments.

Recommended article: Can a mortgage be denied after approval?

In situations where the trial did take place, but the debtor does not agree with the verdict, you can always challenge the decision. You can appeal it in the appeal, and if necessary, in the cassation procedure.

If, nevertheless, the apartment is taken away for mortgage debts, legal experts advise:

try to negotiate with the creditor again;
until enforcement proceedings have begun, sell the apartment on your own and pay off your debts (but, with the permission of the bank -);
find an experienced lawyer and find a “clue” in the contract to file a counterclaim. This is especially true for situations where banks do not engage in dialogue and refuse assistance, for example, debt restructuring. The petition will help delay time, which will make it possible to find funds to pay off the debt and avoid eviction from the apartment for mortgage debts.

IMPORTANT! If the apartment is sold at auction, the money received goes to pay off the debt, interest, fines, and the remaining funds (if any) are handed over to the debtor client.

Situations when a bank sells an apartment for mortgage debts are a common occurrence. In order to protect himself and his family from forced eviction, the borrower is obliged to make payments on the debt and accrued interest on time and in full.

However, there are often cases when a client has difficulties with payment. After all, the mortgage amount is often an order of magnitude higher than the fees for regular consumer loans. To avoid ending up on the street, citizens facing temporary financial problems are advised to negotiate with a lender.

Rate the author

(
1 ratings, average: 5.00 out of 5)
Share on social networks

Author:

Mortgage specialist Maria Yurievna Sokhan

Date of publication May 13, 2020 May 13, 2020

Do bailiffs have the right to take away the husband’s property to offset the wife’s debt?

As already mentioned, the borrower’s debt does not apply to other people, so the property of the spouse, if the loan is not issued to him, cannot be confiscated. However, the creditor has the right to apply to collect the debtor’s share if the property belongs not only to the citizen, but also to his wife. When these are jointly acquired movables and real estate, an application for the allocation of a share to the borrower may be considered, which will then be confiscated as material compensation. If the husband’s apartment was simply seized for his wife’s debts, such actions are unlawful.

Do bailiffs have the right to describe the property of relatives

The SSP is authorized to describe only the real estate that is owned by the debtor. If a number of people live with the borrower and have certain items in the living space (household appliances, furniture, expensive dishes, etc.), the FSSP can make an inventory if they are not provided with evidence that all this does not belong to the debtor. The bailiffs don't take my word for it. Their task is to comply with the court decision, as well as to seize property that could maximally cover the amount of debt. To prove that certain items belong to relatives, it is necessary to provide contracts, receipts, checks, warranty cards and other documents.

Inheritance

Inheritance is represented by a complex of material and intangible obligations and rights transferred from the person who previously owned them, that is, from the testator to the inheritors within the framework of legal succession. Following this procedure, the person accepting the property of the deceased is transferred to all his rights and obligations of the relative, with the exception of those that are considered non-transferable due to their legal content, for example, copyright .

In addition, the inherited composition may include any objects, for example, a car, as well as things that have restrictions on their circulation, which can only be obtained with a special permit for the use and maintenance of such property. Unlike this category of items, items prohibited for circulation under no circumstances can be included in items intended for heirs.

At the same time, rights and obligations related directly to the personality of the deceased, such as alimony rights or obligations, are not given to persons accepting the inheritance.

There are two separate types of inheritance - by law or by will. The first type is based on the transfer to heirs of property that was not bequeathed by the deceased in the event that he did not draw up a will.

Each family member of the deceased belongs to a specific queue established by law. They can receive an inheritance only if relatives belonging to the previous line are absent, have formalized a refusal of the inheritance, or have lost the right to it.

Articles on the topic (click to view)

Official rating of lawyers and firms providing legal support for apartment purchase and sale transactions
Ownership of common property in an apartment building
Federal Law 159 on the specifics of the alienation of real estate
How to legally install vestibule doors on a staircase landing?
The procedure for recognizing housing as unsafe, unfit for habitation and subject to demolition
Conditions for privatization of the local area of low-rise apartment buildings
Time frames for eliminating housing and communal services accidents: standards for malfunctions, accidents, breakdowns

Items transferred under this category of inheritance are divided in equal shares among all relatives of the deceased.

In the Russian Federation, there are several queues for receiving an inheritance:

I includes spouses, parents, children and their offspring;
Ko II – siblings, grandfather/grandmother;
to III – relatives uncle/aunt, cousins;
to IV – great-grandparents;
to V – offspring of nephews, brothers/sisters of grandmother/grandfather;
to VI - grandchildren of nephews, child of cousins, uncles/aunts;
to VII - stepsons, step-parents;
to VIII - disabled dependents.

Inheritance of the second type occurs when the testator draws up an official will, formalizing a unilateral transaction regarding the disposition of a person's property after death. This document comes into force after the opening of the inheritance.

The testator can indicate in the document specific persons and those things from his property that are due to them, and also note after what period individual items must be given. In addition, the maker of the will has the right to note persons whom he wishes to exclude from the number of inheritors by law.

What will happen to the apartments after seizure?

As a rule, apartments seized for debts are put up for auction. The sale of real estate repays the borrower's debt obligation. Sometimes banks try to complete the procedure without bidding. They do this through their distressed asset management. In such cases, the cost of the property is usually indicated at 20-30 percent below the market price. This is done in order to get rid of the burden as quickly as possible and receive financial compensation.

Arbitrage practice

As mentioned above, only justice authorities are able to seize or foreclose on housing space. They also have the power to decide to allocate to the person from whom the property was confiscated another premises (of unequal price and conditions) suitable for living. Thus, the citizen will not be deprived of the constitutional right to housing, but the debt will also be repaid.

How to protect your property from seizure for debts

Many owners go to some tricks to protect themselves and be sure that bailiffs will not seize their house or apartment. For example, you can draw up a deed of gift, which implies the gratuitous transfer of an object to a third party. Often such transactions are made with relatives or close and trusted friends, whom there is no reason not to trust. The next option is a purchase and sale agreement. The agreement can include a clause according to which the property sold by the debtor is transferred to him for temporary use. However, according to the documents, the owner is already another citizen. Well, the last of the most popular options is concluding an agreement for the rental of real estate with the obligatory indication of all valuable items. Although the borrower remains the owner, when the bailiffs arrive, a document will be in force stating that another citizen has the right to use the housing. Note! When concluding donation or purchase/sale agreements, the transaction must be registered with Rosreestr.

A tenant has died: who owns the right to a non-privatized apartment?

The first of them is the ability to register anyone in an apartment, asking permission only from other privatization participants who also own shares.

To significantly reduce your labor costs and spend time on other important matters, it is better to use the help of a qualified realtor (lawyer). The specialist will independently visit all notaries and pay the mandatory state fees for you. His remuneration will be quite moderate.

The video story explains what deprivatization of housing is and how this procedure is implemented in practice. The same is true with repeated participation.

Citizens have the right to participate in privatization only once. The exception is minor citizens under the age of 14; for them, such a repeated right is enshrined in the Law.

If the child is the owner of the property, then eviction is possible after receiving permission from the guardianship authorities. And discharge is made only to an equivalent premises. If a minor is transferred to the custody of the state, an account is opened in his name, which receives compensation for the loss of the apartment.

But such housing can be privatized, unless otherwise provided by law. To do this, it is worth obtaining the consent of all citizens living in the house.

Housing is again transferred to the municipal housing stock and can be provided to persons who are entitled to social housing, taking into account legal provisions.

In this situation, you will need to redo all privatization documentation taking into account the new number of participants. Here privatization is suspended based on the will of its participants.

Expert opinion

Musikhin Viktor Stanislavovich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

In this case, the social tenancy agreement may be terminated with the tenant of a non-privatized apartment, after which he will have to look for other housing.

Based on the Housing Code of the Russian Federation, all of the previously mentioned categories of persons can draw up a social rental agreement in their personal name with the condition that their information is included in the original DSN.

But be that as it may, over time they acquire the status of full owners of this type of property. Therefore, from the moment of death of such an owner, the question arises, who can receive such property?

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual.

The privatization process can be suspended at any stage until the state registration of property rights.

Based on the Housing Code, all of the above categories of citizens have the right to draw up a social tenancy agreement in their own name, provided that their data is included in the initial DNS.

It is necessary to clarify who in this case are considered relatives of the tenant of the residential premises under the law. Based on paragraph 1 of Article 69 of the RF Housing Code, relatives include:

spouse (legal husband or legal wife);
parents (father, mother or legal guardians);
children (natural or adopted, but officially adopted);
other relatives, as well as disabled, disabled, minors or unemployed citizens who are dependent on the tenant of the apartment, moved in by him as his relatives and conducting joint household work with him (repairs, cleaning, buying groceries, and so on).

To implement the document, the consent of other family members or persons equivalent to them is required, as well as agreement with the landlord (municipal, departmental or other government body that is the owner of the premises).

If you fall into the list specified in step 1 of these instructions, then in 2021 you can choose one of the methods of inheritance we offer:

you can renew the social tenancy agreement for yourself instead of a deceased family member (see paragraph 2 of Article 82 of the Housing Code of the Russian Federation). This process is in no way related to inheritance and is provided here as an alternative course of action;
you can complete the privatization process that the previous tenant began (see paragraph 3 of paragraph 8 of Resolution of the Plenum of the Armed Forces of the Russian Federation No. 8 of August 24, 1993).

If the mother enters into an inheritance within 6 months of her death, then there will be no problems. The only thing is that if the uncle has heirs who have a mandatory share by law, then part of the apartment will go to them. These are minor children, the father is retired, etc.

Apartment as a source of income Having privatized an apartment, its new owner can legally use it to his own benefit. We are talking about renting or renting housing.

Of course, temporary residents can also be allowed into a municipal or state apartment, but demanding payment from them is fraught with unpleasant explanations with the police and other authorities.

The deprivatization of apartments in military camps is prohibited. However, determining whether departmental housing will be privatized or not can be quite difficult.

Russian laws protect apartment owners from illegal actions with their housing. But there are situations when the apartment must become the property of municipal authorities. It is worth finding out more about whether the state can take away a privatized apartment, and in what cases this is possible.