Any citizen of the Russian Federation understands what property rights are, but few people know that property can be abandoned.
This opportunity is still little used in everyday practice, but experts believe that the relevance of this issue will increase every year.
Laws on relinquishment of ownership of an apartment
According to Article 235 of the Civil Code of the Russian Federation, the grounds for termination of ownership rights are:
- Alienation of real estate to any persons;
- Refusal of housing;
- Destruction of real estate;
- Loss of property rights according to law.
Civil Code of the Russian Federation Art. 236 states that refusal is carried out by announcing or taking actions that clearly confirm the person’s reluctance to dispose and use the property.
Voluntary renunciation indicates that the person has no claims to the property either now or in the future.
The law clearly prescribes that constituent entities of the Russian Federation and local municipalities cannot renounce property on their balance sheet. Accordingly, legal entities or individuals can formalize the renunciation.
The concept of deprivatization is the opposite action of housing privatization, that is, the annulment of ownership of housing and its return to the state. This process is regulated by the law of the Russian Federation, Art. 9.1.
Documents for deprivatization of an apartment
Owners resort to deprivatization of apartments for various reasons. This may be a reluctance to fulfill housing obligations, infringement of rights in the case of several owners, and the desire to get a new apartment when the old one is scrapped.
A citizen who has lost the prerogative to housing through deprivatization retains a lifetime opportunity to use it.
To deprivatize, you will need to collect the following package of documents and submit it to local authorities.
- Declaration of relinquishment of property;
- Copy of the passport;
- Copy of personal account;
- Originals of title documents;
- Technical passport for housing;
- Certificates of absence of encumbrances;
- Extract from the house register;
- Receipt for payment of the fee.
After submitting a package of papers, the local administration draws up an agreement on the transfer of the apartment into city ownership and submits it to the owner for signing. The procedure takes 1 month.
After signing the documents, the new owner is obliged to provide the former owner with a rental agreement for this housing within 15 days.
There are so many restrictions on relinquishing real estate.
The apartment is owned by several citizens. Deprivatization is possible only if all owners renounce their housing. If one of the owners is a minor or disabled, then permission for the procedure from the guardianship authorities will be required (see Housing for a child).
The renunciation procedure is available only to the privatization participant. If the apartment was received by gift, inheritance or purchased, then the deprivatization process is impossible.
After deprivatization, it will not be possible to return ownership of housing. The possibility of privatization of any other real estate is also lost.
Refusal of a share in a privatized apartment
The law gives owners the right to transfer their share in the apartment to another person.
The most common reasons for abandoning real estate are:
- registration of an apartment for one of the family members;
- the opportunity to improve living conditions (for example, participation in one of the government programs);
- unwillingness to accept the responsibilities of the owner.
It will not be possible to dispose of a share in a privatized apartment if the apartment is seized (Federal Law No. 229-FZ “On Enforcement Proceedings,” Article 80). The transfer of real estate in this case will be considered unlawful.
Procedure for relinquishing ownership of an apartment
You can get rid of real estate by submitting an application to the local government body at the location of your home. As soon as the application is accepted, the FGSRKiK Department registers the object, and the apartment acquires the status of ownerless property.
Part 2 Art. 236 of the Civil Code indicates that the recorded statement does not relieve the rights and obligations of the former owner in relation to the housing.
This means that the owner can at any time suspend the abdication procedure and declare his intention to remain the owner.
All prerogatives and obligations in relation to real estate are removed from the owner not with a statement of deviation, but with a confirmed act of acquisition of this property by another person.
To register an object with Rosreestr the following is provided:
- Declaration of refusal;
- Copies of documents confirming the ownership of the former owner;
- Technical and cadastral passport of the apartment;
- Information about the former owner (passport details and place of residence).
Verification of documents by Rosreestr takes 30 days from the date of submission of the application, after which the objector is provided with an extract from the Unified State Register of Ownerless Real Estate.
A year after the housing is registered, the transfer of ownership is registered by municipal authorities. From this moment on, the status of an ownerless object is removed from the apartment, and the former owner is released from liability and loses all privileges to the property.
Is it possible to refuse a donated apartment?
Is it possible to refuse a donated apartment? A real estate gift agreement is a gratuitous transfer of the subject of the agreement into the ownership of another person. The peculiarity of this transaction is that it is based on voluntary principles and the personal will of the donor and recipient. True, in a number of cases situations may arise when you can refuse or cancel such a transaction.
So, there are circumstances in which the donee does not need a gift from the donor in the form of real estate. As a result, he has the right to refuse the apartment. True, the only important point is that the transferred object or share in it should not be accepted by the donee.
In addition, situations arise when the donor can refuse to execute and cancel the transaction. In such a situation, a person can simply refuse to give someone an apartment, but he must have legal grounds for this. Similar circumstances that must exist in order to cancel a deed of gift may occur before the registration of the right to real estate takes place, or after registration (in court).
Due to the fact that the gift agreement is a two-sided transaction, in order to conclude it you will need to have consent from both parties. In a situation where, for example, the donee is against it being completed, it will not have legal force and will not be legally formalized properly.
Thus, the donee has the right to refuse to receive real estate as a gift, but only until he receives such property as personal property.
This is due to the fact that the gift agreement is recognized as completed in fact from the moment the real estate was transferred (the basis is the act of acceptance and transfer). At the same time, the donee is not obliged to talk about the reasons why he decided not to enter into this agreement and receive the apartment as a gift.
In addition, you must understand that you can refuse the gift in full. It is not possible to refuse only a share of a gift (just as it is impossible to accept a certain share of it). Also, you will not be able to refuse the gift in favor of third parties. In this case, you will need to receive the gift and become its owner, and only then donate the property to a third party.
If you want to read whether you can donate an apartment after death, follow the link.
Share link:
Registration of inheritance rejection
Situations arise when the heir does not want to accept the property registered under the will and his prerogative is to write a renunciation of the apartment or share in it in favor of a certain person or without indicating such. In the latter case, the property is distributed among the remaining heirs according to their order.
For example, the will indicates three first-order heirs and each of them has the right to 1/3 of the property. If one of them rejects the inheritance, its part is divided equally between the remaining two.
Application options:
- Unconditional refusal - when a specific person accepting the inheritance is not indicated;
- For the benefit of another person.
Applications are written and certified in a notary office. It is possible to issue a power of attorney to carry out transactions for another person, but it is necessary to indicate in the power of attorney the right to submit a waiver of real estate.
It should be remembered
In cases where abdication is carried out by minors or persons incompetent, the procedure is carried out only with the consent of the authorized bodies confirming that the interests of the wards are not infringed.
By accepting an apartment, a person accepts all obligations regarding it. It is unacceptable to divide the inheritance, and having received real estate, it will not be possible to waive the debts on it.
When a “sub-designated” person is indicated in the will, the inheritance is rejected in his favor, and the transfer of property to other persons is considered unlawful.
A refusal made on a voluntary basis cannot be undone.
Refusal of the privatized share
If you decide to renounce part of the privatized home, you should write a statement in which you indicate the reason for the refusal. You should know that this document must be certified by a notary. You are also required to provide your personal and contact information and home address. In the event of voluntary renunciation of part of the home, the applicant cannot renounce in favor of anyone else. Relatives who also claim it have the right to distribute parts of the apartment. If you renounce privatization, there will be no other opportunity to receive your part of the living space. In 2021, the law provides for only three ways to give up a share in an apartment, regardless of how the owner of the share became its owner. Two of them are often used, and the third only theoretically exists in current legislation.
It is worth remembering that if the transaction was completed in accordance with the law, then it will no longer be possible to return everything to its original state.
In any case, you cannot do without a document that confirms the legality of ownership of the share. This rule is general, regardless of whose benefit the refusal is issued. Only after receiving this document is a corresponding agreement drawn up, depending on the specific situation. You can give up your share in a privatized apartment at any time when the owner wants it. The exception is the case when the property is under arrest.
This is important to know: Agreement on the redistribution of shares in common shared ownership
You can draw up a deed of gift only with the permission of the person you are going to gift. There is no need to obtain the consent of other owners. Before starting to draw up a gift agreement, it is necessary for a BTI employee to take a control measurement of the apartment. The transaction itself is carried out by a notary and submits the relevant documents for further registration to the FS GRKK branch. Upon completion of the procedure, the donor does not have to pay personal income tax, but the state fee will have to be paid. In case of refusal of inheritance, the potential recipient of the property loses all opportunities to obtain rights to the apartment or its share. He will not be able to live in it or dispose of it.
Relinquishment of ownership rights to a share in an apartment
A person who has a share can get rid of it by drawing up a deed of gift or an apartment purchase and sale agreement. To do this, you need to call a BTI representative and get a new technical passport. The remaining homeowners must give permission for the transaction to take place.
With the collected documents, they turn to a notary, who will draw up the necessary agreement for the recipient. Then the transaction is registered in a specialized center and a certificate of receipt of ownership rights is issued by the person to whom the share is transferred.
When the property is not privatized, a refusal to privatize is written and officially certified by a notary.
In a situation where part or all of the apartment is inherited, but the documents have not yet been drawn up, a renunciation is written in favor of another person or the rights to the inheritance are simply not declared, which leads to the automatic transfer of your share to other recipients after 6 months.
How to give up a share in an apartment in favor of another owner
Hello, in this article we will try to answer the question “How to give up a share in an apartment in favor of another owner.” You can also consult with lawyers online for free directly on the website.
Refusal by a husband (or wife) of a share in an apartment is another fairly common case. A special form of regulation of property relations is provided for spouses. We are talking about a marriage contract. In it, spouses can register who and what will belong to the property (current and future). And in this case, the apartment is purchased only for the wife/husband. No refusals or other paperwork.
And how to give up a share in an apartment in favor of a relative? The procedure is performed in a standard way. If property is transferred to close relatives, for example, to a parent, then the recipient does not have to pay tax on the income. In other cases, it is necessary to contribute 13% of the cadastral value of the share to the budget. This is a personal income tax. According to the law (Article 575 of the Civil Code of the Russian Federation), property cannot be given on behalf of minors. There are often cases when the owner has a desire to give up part of the living space in favor of another. But not everyone knows how to correctly implement this intention. To understand all the nuances, it is recommended that you read this article.
This is important to know: Agreement on determining shares in an apartment: sample
