Does the court have the right to seize your own apartment? Seizure of an apartment for utility debts

What is an apartment?

An apartment (based on the position of the modern legislator) is a certain type of living space, which consists of several rooms and has an external exit.

An apartment in a residential building can be owned by the citizens living in it, or owned by the municipality, or owned by other persons.

In any case, as provided for by the current constitutional and civil legislation, a citizen must keep his property in a suitable condition.

At the same time, eviction from an apartment (for example, for non-payment of utility bills) is not possible if the citizen does not have other housing.

However, this does not prevent the specified utility services from seizing housing by registering the debtor citizen, for example, in ... a “communal apartment.”

Seizure of apartments for non-payment: main stages

Let us briefly consider the procedure for imposing such an arrest.

When a debt for utility bills arises, the property owner must be warned several times about the illegality of his actions. If a citizen continues to ignore the legal requirements of the management company, then in this case a claim for forced collection may be brought against the owner of the specified property.

The court, having examined the documents presented by the parties, may decide to seize the apartment for debts. Let us note right away: if the housing has been privatized, then arresting the apartment is not possible. In this case, the debtor will simply be disconnected from utilities - this means the termination of the provision of water supply, electricity, gas supply, and sewerage services (for example, in some regions, utility services install a special plug on the debtor's sewer system).

Practical example.

Let us give, perhaps, an example of the worst situation. The citizen has not paid his existing debts for several years. They sent him letters several times asking him to repay the debt. However, the citizen ignored all the demands made...

In this case, the procedure for collecting existing debts will be as follows:

Firstly, an appeal to the judicial department by the management company. Documents confirming the fact of lack of payments are usually attached to the submitted claim to the court;

Secondly, having received a court decision, the management company turns to the bailiffs

. The citizen is officially warned of further adverse consequences. He is given 3 months to improve the situation.

Thirdly, if the debts have not been paid, the bailiffs, having arrived at the place, seize the apartment for debts on utility bills.

Can a bank seize property?

This preventive measure is often applied to individuals who have accumulated debts on loans, utility bills, taxes and fines. Moreover, if the creditor bank cannot prove the fact that the debtor has property, then the court has the right to reject the filed claim. Therefore, at the stage of considering a loan application, credit institutions request documentary evidence of ownership of movable or immovable property. Although they do not always require it to be registered as collateral.

Before the seizure begins, the bailiff notifies the creditor, the debtor and the bank if the accounts will be seized. The property owner is obliged to provide access to the appraiser if this requirement is established by the bailiff. The arrest procedure is documented. The text contains the details of the claimant, debtor, witnesses and bailiff.

The buyer will face not only the problem of getting his money back. Such actions are a real crime. In accordance with Art. 312 of the Criminal Code of the Russian Federation, criminal liability is provided for illegal transactions with seized property. Before buying an apartment that is under arrest, you should seriously think about the consequences.

The owner of a residential premises is obliged to bear the costs of its maintenance, in particular, to pay for utilities. Since utility costs do not seem so impressive, citizens often ignore their responsibility, which is why they accumulate debt amounting to tens of thousands of rubles. In the future, such residents will face seizure of their apartment for utility debts.

When exactly can they take away the apartment for debts?

Citizens are usually interested in one more question: is it possible to take away an apartment for debts?

Let us immediately note that such a probability exists if:

The apartment was purchased with a mortgage. As follows from judicial practice, cases of repossession of residential premises for mortgage debts have recently become the most frequent;
the cost of purchased housing is equal to the amount of debt (for example, for utilities).

Remember that with a debt for utility bills of 100 thousand rubles, it is impossible to imagine a situation with the seizure of an apartment. The amount of debt must be significant: if an apartment costs 3 million rubles, then the total debt must be at least 80 percent of the above amount.

Today there are not only many debtors in Russia, but very many. 16 million people fell below the poverty line. About the same number are approaching it, it’s a matter of time. Naturally, many are concerned about the housing issue. For example, banks constantly threaten their problem borrowers that they will seize the apartment

in case of non-refund.

If a minor lives in an apartment that is being seized for debts

Bailiffs take away an apartment for debts in which a minor lives only with the permission of guardianship officials. Similar situations are possible if the child is not registered in the seized living space or has a share in the ownership of other real estate.

The bailiff has the right to take away an apartment for having debts, even if a minor lives in it. But he can do this only with the consent of the guardianship and trusteeship authorities.

Most often, a positive decision on this issue is made if the child does not have a residence permit in this apartment, or if he has ownership rights to another piece of real estate.

In what cases is it possible to seize an apartment for debts?

Of course this worries people. Many people believe these lies, and go into even greater debt trying to pay off. But in reality, everything is not so scary, we decided to summarize the information and find out when the apartment will be seized

bailiffs is legitimate, but when collectors are just trying to intimidate.

Let's immediately clarify that it is almost impossible to seize an apartment, if it is the only housing. But it is quite possible to make an inventory of the property located in it. The list of things subject to collection by FSSP employees can be found here.

Seizure of a mortgaged apartment

Let's start with the bad, a mortgage is the only way to lose your home, even if it is your only one. The bank will easily take such property. The debtor can only influence the price for which the living space will be sold.

To do this, you need to contact a licensed company and carry out. Moreover, their specialist must be ready to justify the examination in a trial.

Otherwise, the apartment will be sold at a price below the market and the borrower will still owe the bank.

Rent debt

If the housing is privatized, then the apartment is seized

cannot take place. The debtor will simply have his water, electricity, gas, etc. turned off.

If the apartment is municipal, then the debtor will be moved to worse conditions, but will not be kicked out onto the street, as with a mortgage.

We previously raised this issue in the article “”.

Important

: today management companies actively cooperate with collection agencies, so don’t be surprised if they call you and ask you to pay. Moreover, collection methods are no different from bank debts, and sometimes become even worse. This is not surprising, because the debtor can be manipulated by threatening to seize the only apartment.

Remember, the apartment will NOT be taken away due to utility debts.

Common property of spouses

If during the marriage the spouses acquired an apartment, then it is considered joint property. It doesn’t matter whether both spouses register there or just one. Ownership will be divided in half.

What does this mean? If there is only one place to live, then nothing. If one of the spouses still has a place of residence, then his share may be seized for debts in court.

Important

: if property was given to one of the spouses during marriage or was inherited, then it is not considered jointly owned.

The apartment is not the only place of residence

Yes, it’s no secret that many people have several apartments, not just one. Theoretically, they could be arrested for debt. But here it is necessary to take into account the amount of debt. It should be commensurate with the cost of housing.

If you have a debt of 100 thousand rubles, then seizing your apartment is out of the question.

Bottom line

Seizing an apartment is a last resort and in practice only works with mortgage debts. In other cases it is simply not applicable.

Only bailiffs, and not collectors or a bank, have the right to seize anything from a debtor.

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In recent years, many citizens have been late in paying utility bills, late on loan payments, and failing to fulfill other financial obligations, as a result of which, if the situation worsens, the risk of losing real estate increases, which may be preceded by the imposition of encumbrances on it in the form of seizure. Since the legal awareness of the population is at a low level, in most cases the citizens themselves aggravate their own situation and end up having problems due to their own inattention.

When considering the seizure of an apartment, it should be noted that this is possible for the occurrence of large debts to utility services, a bank, and for some other offenses that have led to legal proceedings. The essence of the arrest is that until it is lifted, the owner of the property has no right to enter into any transaction regarding it. He cannot sell such an apartment, rent it out or rent it, exchange it, bequeath it or donate it. At the same time, the owner and his family do not lose the right to reside and register in such living space.

What is also important to consider is that property can be seized even because of the debt of one co-owner, if his share is not allocated separately.

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Seizure of the debtor's property by bailiffs: what does the law say?

All these measures are taken either with the aim of returning the debt to the creditor, or as an incentive to force the defendant to pay the debt. Among such measures, seizure of property is used. What does it mean? Let's figure it out.

In what cases and who can seize property?

Seizure based on a decision of a judicial authority, which specifies the amount or certain objects.
Seizure to secure property.
Seizure based on a court ruling, which provides for further seizure and sale of property.

If a person has several residential premises in common shared ownership, the bailiff can seize the share in one of the apartments. To do this, the bailiff applies to the court to seize the debt to pay off the debt. The judge allocates the share that belongs to the person “in kind”, i.e. indicates in the decision which specific part of the apartment belongs to the debtor, its area and purpose. Having received the relevant document, the bailiff draws up a deed and a decree of seizure for the subsequent sale of the property.

If a person has problems paying utility bills, credit or other payments, there is a fear that he and his family may be kicked out onto the street for debts. And not groundless. Since the arrest of an apartment with subsequent eviction is one of the means aimed at repaying the debt.

Who can seize an apartment?

For example: A citizen did not pay alimony for a long time, the total amount of debt was 800 thousand rubles. The debtor had no other property except the apartment where he lived. When re-sending requests to reg. authorities, from the response received from the Federal Reserve System, the bailiff learned that the debtor had inherited another property. The official issues a decree to seize the apartment so that the debtor cannot sell it, and sends it to the Federal Reserve System. Because He now owns two residential premises, and the cost of one of the apartments is about 900 thousand rubles, the bailiff draws up an act of arrest for its subsequent sale.

Whether bailiffs can seize a share in an apartment depends on the size of the debt. If it is commensurate with half (or another share) of the value of the property or the debtor has no other liquid property, the arrest seems completely legal.

Another difficulty is associated with collecting debts from the debtor if the housing is still under construction, for example, under an equity participation agreement. Before the object is put into operation, the apartment is not considered real estate, so it is impossible to seize apartments in a building under construction.

Purchase and sale of seized housing

Property registered in the name of the debtor's relatives does not officially belong to the debtor, even if only he uses it. So this will not be a concealment, unless the debtor gave it to relatives after the court decision on the collection of funds was made.

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At the same time, restrictions on actions related to purchase and sale, donation and will will concern only the share of the debtor. The remaining owners of residential premises have the right to make transactions with their property without any restrictions.

Do bailiffs have the right to describe the property of relatives

civil servants can be shown receipts certifying the purchase of luxury goods by another person;
the defaulter can enter into a rental agreement with the owner of the apartment, which lists all the property that does not belong to the defendant, but is located on the premises;
relatives can draw up an agreement for storage of their property on the territory of the debtor’s living space;
a gift agreement will help in resolving the issue, when the debtor gives away his own property to relatives and friends;
Spouses are advised to draw up a prenuptial agreement.

The debtor certifies the correctness of the information entered in the act with his signature. From the moment the act is drawn up, a 10-day period begins to run for appealing the actions of the bailiff, as well as for excluding the seized property from the inventory and seizure act. Seized property may be excluded from the act if it does not belong to the debtor, is pledged, or is property the seizure of which is prohibited by law. Exclusion of things from the act is possible only in court, by sending an appropriate reasoned statement of claim.

If the bailiffs seized property disproportionate to the debt

Hello, I have a question: can bailiffs take away a debtor’s phone, car or TV if the debtor has a debt of 4,000 thousand rubles. Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try looking here:

The value of the seized property exceeds the amount of debt

If the court has taken an interim measure in the form of seizure of the defendant’s property, establishing only its total value, then the specific composition of the property subject to seizure and the types of restrictions in relation to it are determined by the bailiff according to the rules of Article 80 of the Law on Enforcement Proceedings. In cases where the debtor prevents the execution of a judicial act on the seizure of property under a judicial act on the seizure of the debtor's movable property, including by refusing to accept the seized property for storage, the bailiff has the right to transfer the seized property for safekeeping to members of the debtor's family , the recoverer or the person with whom the territorial body of the FSSP of Russia concluded a storage agreement, taking into account the requirements established by Article 86 of the Law on Enforcement Proceedings. 41.

To remove restrictions from your home imposed for large debts on utility bills, you need to pay the bills, and then take the receipts to the housing and communal services (management company) and to the FSSP. Once funds arrive in the accounts of utility companies and energy suppliers, the seizure will be lifted.

If the restriction was introduced at the initiative of FSSP employees, after transferring money to an organization or individual, the owner with receipts in hand must go to the bailiff service. After the issues related to the financial claims against him are closed, the official lifts the arrest from the home.

How to remove an arrest

The data uploaded by Rosreestr to the website does not contain complete information. In particular, in the column about restrictions it may be indicated that there are restrictions on a given property, but there will be no explanation of what exactly they are. To clarify the situation, an extract from the Unified State Register is required.

Special services resell the debtor's property. If the proceeds are not enough, the bailiffs will seize any income of the debtor. This could be wages, pensions, government benefits.

After the court's decision, the writ of execution is handed over to the bailiffs.
Next, a start date for enforcement proceedings is set, and a copy of the decision is sent to the citizen.
If the debtor wishes to pay the bills, the enforcement proceedings are cancelled. In case of refusal to pay the debt, a resolution is created to search for the individual and information about the property he owns. To do this, bailiffs make inquiries to government agencies to find out about the citizen’s availability of real estate and vehicles.
If the debt of an individual is more than 10,000 rubles, then a ban on leaving the country for six months comes into force. When the period expires, the bailiffs can extend the arrest an unlimited number of times.
If real estate is discovered, it is seized. The same applies to a vehicle, accounts and bank deposits. All funds found are written off as payment of debt.
If the amount found in the accounts could not cover the main debt, then the process of seizure of property begins. To do this, it is assessed, seized and resold at a low cost. The proceeds are transferred to the borrower.

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How to behave during a visit from bailiffs?

All bailiffs work strictly within the law. Today there are legal rules that exclude the ability of bailiffs to deprive debtors of their own homes. However, this does not exclude the fact that the citizen will still have to pay his debts.

Hello Svetlana! A seizure of real estate can be imposed by a bailiff both in order to ensure the execution of a writ of execution containing demands for property penalties, and in execution of a judicial act to seize the property of the defendant.

In this case, the bailiff is obliged to be guided by Part 2 of Article 69 of the Law “On Enforcement Proceedings”, which allows foreclosure of property in the amount of the debt, that is, the seizure of the debtor’s property, as a general rule, must be proportionate to the volume of the claimant’s claims. For example, the seizure is disproportionate in the case where the value of the seized property significantly exceeds the amount of debt under the writ of execution in the presence of other property that may subsequently be foreclosed on. At the same time, such an arrest is permissible if the debtor has not provided the bailiff with information about the presence of other property that can be foreclosed on, or if the debtor does not have other property, its illiquidity or low liquidity.

When a decision in a civil case comes into force, a writ of execution is issued. With this document, the plaintiff goes to the bailiff service, which, on its basis, initiates enforcement proceedings.

Overlay Information

Not only its owner, but also any outside interested party can find out about the arrest of an apartment for debts independently. The easiest way, if you need a paper document, is to order an extract from the Unified State Register of Real Estate (USRN). In this case, there is no need to submit any package of documents along with the request; it is enough to present your passport and a receipt indicating that the state fee has been paid for the service. The cost of the service depends on who makes the request (individual or legal entity), as well as on the form in which the finished document is needed (paper or electronic).

You can submit a request for an extract:

At the Rosreestr branch, processing takes a maximum of three days;
Through the Multifunctional Center - two days longer than in Rosreestr;
By sending a request by mail, the delivery time of a registered letter in both directions is taken into account;
Submit an electronic request via the Internet.

The arrest is imposed by decision of the court or bailiff. This could be an encumbrance for debts on utility bills, a bank claim, or alimony debts. In the case of banks, they do not have the right to independently impose any restrictions on property, just like any other body.

Law on seizure of property

If the equipment has a guarantee, and there is data indicating that it is the property of the debtor. For example, if a washing machine is registered to a relative, then the bailiffs do not have the legal right to seize it.
Not all things can be recovered - the bailiffs must leave the minimum necessary for living. TV, laptops and other similar office equipment may be confiscated, but the stove and refrigerator must be left behind. The same applies to furniture - if three people live in an apartment, at least three chairs should remain. All these points are prescribed by law, and bailiffs have no right to violate them.

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What do bailiffs not have the right to take?

Personal items used by the debtor, namely the wardrobe (sweatshirts, dresses, trousers, etc.), are not subject to seizure. The exception is items considered luxury items - for example, items made from expensive fur or expensive designer clothing.

The new Law on the obligation of parents to provide housing for children after a divorce will amend Article 86 of the Family Code of the Russian Federation, which previously only stipulated obligations to pay alimony for the treatment and rehabilitation of a child after a divorce.

The question of whether the bill will be adopted remains open. Many State Duma chairmen oppose his approval. But, if the law does come into effect, then the debtor who owns one piece of real estate will repay the debts through the arrest and sale of the only home.

The features are that:

Seizure and subsequent sale of real estate in which not only the debtor is registered, but also a minor citizen, is possible only with the consent of the guardianship and trusteeship authorities.

Seizure of an apartment is an encumbrance of the subject’s right to dispose of property. Restriction of rights to real estate is classified from partial, when the owner is temporarily (until the cause is eliminated) cannot carry out actions to alienate housing, to complete, when the court makes a decision to sell the property at auction to pay off the debt.

Online self-inquiries

To find out information about the presence or absence, you don’t have to leave the house at all. Using Internet services that provide the same information as when submitting a request with a personal visit to Rosreestr. So, for example, anyone interested can go to the official website of a specific district court at the location of the property and see if there are any registered court cases against the owner of this property. If there is no such information, then there is no arrest on the property either. However, it should be taken into account that information on such resources does not always and not always appear promptly.

The above-mentioned extract from the Unified State Register can also be ordered remotely online. It is best to do this through the official portal of Rosreestr or the government services website. By law, this information is open access, so anyone can find it out.

On the selected resource, you should find and click the desired section, then fill out the electronic request form, indicating the email address and passport information about the requested person. The request is processed only when the state fee has been paid (the details are sent immediately to the specified email address with further instructions).

The court's decision

When interested in information regarding whether an apartment has been seized for debts, you also need to know by whom and how it is imposed. In particular, it is important for the owner of the seized property to understand this.

The court imposes encumbrances at the initiative of the plaintiff and the statement of claim filed by him, along with documented grounds. This measure is applied to the debtor, in particular, when there are assumptions that the owner of the apartment can somehow get rid of the apartment (sell, exchange, transfer in another way), as a result of which it will be difficult to collect the debt.

The court considers the filed claim on the day it is filed, after which the papers are registered and copies are sent to the defendant. According to the received writ of execution, which is given to the plaintiff, the latter has the right to go to the bailiffs to execute the decision immediately. The judicial authority also independently sends information about the encumbrance to Rosreestr.

Thus, an apartment can be seized very quickly, which will immediately be recorded in the Unified State Register of Real Estate. Such a record will make any transaction impossible until the arrest is completely lifted. At the same time, restrictions will also have to be lifted through the courts.

What can bailiffs do?

One bailiff with an official working week of 40 hours can have up to 4 thousand debtors at work. Usually, bailiffs try to do everything possible: look for bank accounts, apartments, cars, pick up household appliances from the debtor’s house, send a writ of execution to the accounting department at the place of work. But this is not always enough if there is nothing to take from the debtor.

Yes, I'm paying off my credit card. 25% is deducted from your salary. Today I come and say that my salary has been deducted, but the debt in public services has not changed. The bailiff says let me describe the phone for 500 rubles. I answer that I’m paying from my salary. This is a measure of compulsory collection. What does it have to do with compulsion if I pay?

What happens? The debtor is obliged to pay some amount of money to the claimant. According to the Law “On Enforcement Proceedings”, bailiffs have the right to foreclose on property. In such a situation, it is very important to know the answer to the following question: is it possible to make real estate transactions in the presence of enforcement proceedings?

The bailiff or court has established a ban on registration actions. According to the Civil Code of the Russian Federation, ownership of real estate passes from the seller to the buyer only after such a transfer is registered with the Rosreestr authorities. Namely, these actions are prohibited. That is, the parties can come to an agreement, sign an agreement, transfer money and property. But they will not be able to implement the last stage, which is mandatory for real estate transactions.
A bailiff or court has seized the property. If a ban on registration actions does not give the right to register the transfer of rights in Rosreestr, then arrest is a broader concept. The bailiff, in the event of a seizure, has the right not only to prohibit the debtor from disposing of the property, but also from using it.
The presence of property as collateral. A typical example: a mortgage. This encumbrance is registered in Rosreestr at the moment when the loan agreement is concluded. It is important to know that it is possible to foreclose on a mortgaged property, even if it is the debtor’s only home.

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Responsible bailiff

Bailiffs have the right to seize real estate, referring to the sheet, which states that appropriate measures will be taken to secure the claim, after its consideration by the court. The arrest is registered by the Federal Registration Service without delay. The bailiff is obliged to initiate proceedings within twenty-four hours or abandon this procedure.

If the sheet contains detailed information about which apartment is subject to restrictions, its cadastral number, exact location address, total area, owner details, the bailiff has the right to seize it immediately. If this information is not on the sheet, the encumbrance is imposed immediately after it is received from Rosreestr.

Guided by the current enforcement proceedings, bailiffs can conduct cases regarding the collection of payments for loans, alimony, compensation for damage, administrative fines, debts for housing and communal services, and so on. Any bailiff has the right to impose bans as a result of consideration of such cases independently, on his own initiative. Notification of the decision is sent to the debtor on the same day or to Rosreestr within the next three days.

Who can seize an apartment?

Such an application is considered within one day. The registration authority (Rosreestr) and the defendant are notified of the court decision. The writ of execution is sent to the applicant. Next, the document must be submitted to the FSSP. The court independently forwards the decision to the state registration service.

Arrest through court

In order to carry out enforcement proceedings, the bailiff has the right to impose an encumbrance on the debtor's property. If the court recognizes the fact of a violation, and the defendant is obliged to pay the plaintiff a certain amount, but the plaintiff did not apply for the imposition of an encumbrance to secure the claim, this can be done by an employee of the SSP.

the debtor is registered in the apartment;

the defaulter indicated the place of actual residence in this living space;

the defendant was previously registered;

actually lives and is registered in the territory of relatives.

If threats come from bank employees or debt collectors, this may lead to a criminal case for misconduct. The bank or other institution takes the unscrupulous borrower to court, and only after court hearings is the submitted decision made.

In what cases can a bailiff seize real estate?

The expression “My home is my castle” becomes unreliable. Due to legal aspects, employees of a bank or other credit institutions can take away living space in order to pay off accumulated debts. Let's look at the cases in which this happens.

On the website of the judicial authorities, look for information about the existence of claims against the owner of the property and decisions made on this issue. In the FSPP, inquire about the seizure by the executor of the home for debts.

The presence of bailiffs is allowed only in housing owned by the debtor.
Inventory of housing and confiscation are permitted only with the written permission of a superior bailiff.
Enforcement actions are not permitted at night or on weekends.

Conclusion

Within 10 days after receiving the writ of execution, the owner can pay off all debts, thereby preventing the apartment from being seized. During this period, the imposition of a ban is not allowed. If voluntary repayment does not occur, then the executor performs the following actions (Article 64 of the Federal Law “On Enforcement Proceedings”):

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Impossibility of arrest

Russian legislation provides a list of real estate that cannot be foreclosed on in the form of seizure of sale. These exceptions include:

An example is a situation where the plaintiff went to court against the defendant, who owes him fifty thousand Russian rubles. If the plaintiff demands to seize the defendant’s apartment, which costs two million rubles, the court will refuse to satisfy the claim, since the difference is too significant. If the defendant in the same situation owes the plaintiff more than two million, then the arrest of his only home is possible.

Story No. 4

I took out a loan to develop my business, but it didn’t work out and the debt to the bank remained unpaid. I don’t have my own property: I’m registered in my parents’ apartment. Bailiffs send letters to this address, which increasingly contain threats to seize property. I wouldn’t really want to shift my failures onto the shoulders of my father and mother; besides, housing is the only worthwhile property of the family. Losing him was not part of our plans. How to resist the actions of bailiffs?

Olga. Moscow

Not so long ago, registration guaranteed the right to square meters, so they could be arrested to pay off the debt. But the legislation has changed, now this record simply records the location of a person and makes it possible to use the apartment for living. But if a person is not named on the title documents, he does not own a share of the property.

However, there is no point in preventing bailiffs from visiting the apartment; they have the right to see what property belonging to the debtor can be seized. We are talking about any property that is not a means of primary necessity and an instrument of labor. Thus, if a person has two computers, one of them can be seized. As for the apartment, it is necessary to declare the absence of rights to it, make a note in the property inventory report, or apply to the court to exclude the property from the list of property subject to seizure to pay off the debt.

How the encumbrance is removed

In a situation where the owner did not inform the potential buyer in advance about the presence of restrictions, which became clear during the execution of the main contract, it is not always necessary to refuse such a transaction. First of all, the buyer needs to find out the reason for the seizure (sometimes, perhaps, the process of removing it is simply unnecessarily delayed). In addition, transactions become possible by mutual agreement of the parties. For example, a buyer purchases an apartment with housing and communal services debts, while the seller reduces the price of the property by the same amount. Of course, such agreements must be documented and preferably approved by a notary so that no problems arise. This caution is due to the fact that the debt must be repaid before the property is foreclosed on.

In the case of an encumbrance imposed at the initiative of the bank, bank consent must be obtained to sell the property. Next, the debt is either covered by the buyer before the purchase, or transferred to him, as the credit structure decides and as the parties agree among themselves.

In Rosreestr, the encumbrance is lifted on the basis of documentary confirmation from the body that imposed the arrest - that is, the court or the bailiff.

In case of simultaneous arrest by decision of the court and the bailiff

When a card is seized for a debt for housing and communal services or for other reasons, imposed by both the court and the bailiff, here we are most often talking about a situation in which the bank is also involved. When collecting debt on a loan, in addition to the claim, petitions can be sent in parallel to the bailiffs, who impose restrictions on the received bank application.

A situation arises in which two arrests are imposed on one single apartment at once, one of which is imposed by the court, and the second by the bailiff. The situation gets worse when such property can be sold (not all restrictions categorically prohibit the sale). However, it is quite possible to remove the burden.

To lift the restrictions, it is necessary to submit a corresponding request to both the court and the bailiff who imposed the arrest. Having received the decision of these authorities, an application is written and submitted to Rosreestr directly or through the Multifunctional Center, by post at the discretion of the homeowner. At the same time, the judicial authority itself sends a notification to the Federal Registration Service that the encumbrance on the apartment has been lifted. The bailiff sends exactly the same within three days. In essence, the procedure for lifting a restriction is exactly the same as for imposing an arrest.

Seizure of the share of one of the spouses in common property

It happens that part of the apartment of one of the spouses in common ownership is seized. The law allows the seizure of only the debtor's property if debt obligations can be covered by its market value, and strictly protects the equality of spouses and the boundaries of private property.

If the spouses have not divorced, therefore, the property has not been divided, and the owner of the apartment is the delinquent husband, then when a seizure is made, the wife will have to prove her right to half the living space. The law prohibits the imposition of burdensome measures on her share in the common property.

But if the debtor’s property, that is, half of the apartment, is not enough to pay off the debts, then the bank has the right to demand that the court seize the wife’s share as well. In this case, both spouses are responsible. But this procedure only applies if the debt is taken out for family needs, and not just for the husband’s expenses.

How to do the right thing

Encumbrance on housing is often an unpleasant surprise for potential buyers, since the owner, who does not want to pay, usually knows that restrictions are imposed on his property. If this turns out to be the case and the buyer does not agree with such a transaction, he should contact Rosreestr with an application to suspend the registration procedure. Of course, this is done in the case when the contract with the seller is signed and papers have been submitted to re-register ownership rights. You need to act quickly, since today the registration procedure takes a maximum of three days.

The buyer may demand not only a complete cancellation of the procedure, but also its suspension for a period of no more than three months (ninety days). During this time, the issue can be resolved and the re-registration of property rights can continue when everything is resolved.

If we are talking about an apartment that has been seized for the debts of one of the spouses, despite the fact that the property is jointly acquired, the optimal solution is for the second spouse to allocate his share of this property separately. This is done not only during divorce, but also in marriage. By this action, part of the housing will be preserved in the event that payment of debts is not expected and the property may be taken away.

How to protect your property from seizure for debts

If you use some cunning, you can save your property. There are certain schemes for this:

civil servants can be shown receipts certifying the purchase of luxury goods by another person;
the defaulter can enter into a rental agreement with the owner of the apartment, which lists all the property that does not belong to the defendant, but is located on the premises;
relatives can draw up an agreement for storage of their property on the territory of the debtor’s living space;
a gift agreement will help in resolving the issue, when the debtor gives away his own property to relatives and friends;
Spouses are advised to draw up a prenuptial agreement.

For spouses, a prenuptial agreement is the only right solution for the safety of their real estate or luxury goods. The method is not suitable if you have to determine a mortgaged apartment.