How to exchange one large apartment for smaller apartments? Let's take into account the main thing. in 2021

This step is possible only in relation to municipal real estate in which people live on the basis of a social tenancy agreement or a previously issued warrant. The Russian Housing Code has Article 72, which establishes general rules for the exchange of apartments.

In particular, a person occupying housing under a social rental agreement has the opportunity to exchange for an apartment of the same status. This requires the consent of the landlord represented by the local authority, as well as other persons living in the apartment. If minors are registered in the living space, you need to obtain approval from the guardianship authority.

Part two of the above-mentioned article of the Housing Code states that family members of the tenant have the right to raise the issue of exchanging an apartment for other housing, also used for social rent. If there is a dispute between people regarding the premises, it will be resolved in court. This means a forced exchange of an apartment.

If the housing is privatized and belongs to several people, it is impossible to forcibly exchange the apartment. There is an infringement of property rights.

The legislation does not provide for the exchange of a municipal apartment for privatized housing - these are two forms of ownership. We need to complete the privatization process and then deal with the deal.

The procedure for forced exchange of an apartment

Housing can be owned by one citizen or several, if we are talking about shared ownership. Moreover, in both cases, the persons who are the owners of the premises have the right to freely dispose of the object at their own discretion.

There are often situations when one large family or even several families live in one apartment. Improving living conditions is a long process, so some citizens prefer to choose the exchange of living space.

It is possible to carry out such a transaction with the consent of all co-owners of the property. However, it is difficult for several relatives to reach a compromise. In this case, a forced exchange of the apartment is carried out through the court. In this case, housing must be owned by individuals.

There are 2 ways to exchange existing residential premises:

through barter;
by selling the property.

The forced method is a longer process than exchange by voluntary consent of the co-owners of the property, requiring the preparation of documentation for going to court and participating in the proceedings.

Conventionally, the procedure for the forced exchange of a privatized apartment can be divided into the following stages:

collection of documentation required to go to court;
competent execution of the corresponding statement of claim for the forced exchange of real estate;
appeal to the district court and obtain the judge’s opinion.

The reason for applying to the judicial authority may be the impossibility of further cohabitation of citizens in the same living space, unacceptable behavior of one of the co-owners or residents, as well as the inability to reach an agreement voluntarily (peacefully).

It is worth noting that it is possible to exchange not only privatized housing, but also property acquired in another way. However, exchanging privatized premises for non-privatized (that is, municipal) premises is impossible.

An exception is the deprivatization of the first apartment or the conduct of a privatization procedure in relation to the second object.

Procedure

Due to the fact that one of the parties in the forced exchange of square meters is the state represented by the municipality, the procedure indicated is slightly different from the general one.

According to the Housing Code of the Russian Federation, a forced exchange must include the following actions:

You must obtain permission from the municipal authority.
If you have the landlord's consent, you will need to go to court and write a corresponding statement indicating the reason for the appeal.
The court must certainly provide certified evidence that attempts were made to agree on the exchange of the apartment, but all of them were rejected.
If the judicial authority made a positive decision, taking the plaintiff’s side, then further actions consist of finding housing for exchange.
After finding the appropriate housing, an exchange agreement is drawn up with the participation of a representative of the municipality. Copies of the agreement must correspond to the number of participants in the designated procedure.

Options for forced exchange of an apartment.

How to file a claim correctly

Drawing up a statement of claim to the court regarding the forced exchange of municipal housing is one of the main aspects, since the desired result will depend on this. Therefore, it is best to entrust the preparation of such a document to a specialist who knows all the subtleties and possible nuances. A sample statement of claim can be downloaded below.

But in any case, the application must contain the following information:

passports of the defendant, applicant, as well as persons who are interested in this;
designation of the judicial authority that will consider the case;
detailed information about the living space that is the object of exchange;
it is necessary to indicate the reasons for going to court;
one of the main components of this document will be to provide information about proposed options for solving the problem that has arisen;
it is imperative to indicate the fact that there is a refusal to voluntarily exchange housing;
record the list of attached documents;
Finally, indicate the date the claim was filed, as well as the signature of the applicant.

What are title documents and their types? The answers are here.

It is worth noting that in addition to the written application, you must provide additional documents, which are mandatory:

a document that is the basis for cohabitation (order or social tenancy agreement);
a certificate indicating the composition of the family, as well as all persons who are registered in the designated living space;
certificate of marriage or divorce;
certified permission from the owner of municipal housing, as well as co-owners;
refusal to carry out the exchange procedure;
cadastral, technical passport for housing;
certificate indicating the place of registration;
documentary evidence of payment of state duty;
extract from the personal account.

Required documents

To successfully complete the division process, a package of documents is collected and a statement of claim is written.

List of documents for apartment exchange:

ID cards of those living in the apartment;
documents that confirm ownership rights;
statement of claim;
certificate from the cadastral passport;
document confirming payment of all utilities;
certificate of personal account status;
birth certificate of minors;
notification of the upcoming change of guardianship authorities.

A statement of claim for the exchange of an apartment through the court must include:

Full name of the plaintiff;
Full name of the defendant;
marriage or divorce certificate;
information about children;
length of stay in the apartment and address;
information about the apartment: number of rooms, type, utilities;
reasons for exchange;
a document stating that voluntary consent was not obtained;
options for exchange;
request the court to exchange the apartment.

Arbitrage practice

The peculiarity of resolving such court cases is that the court can only recognize the need for exchange. This is what will be indicated in the decision.

All further actions related to choosing a method of exchange, selecting options, drawing up contracts and registering property rights are carried out by the owners themselves.

The court simply puts an end to the question of what is the future fate of the disputed apartment.

Interested in how to give a privatized apartment to the state in exchange for a smaller one? Read here.

Is it possible to inherit a privatized apartment without determining shares? Detailed answer in this article.

Foreclosing on the debtor's only home

The position of the courts is that when selling the above-mentioned residential premises, the debtor’s need for housing can be satisfied by the acquisition by the debtor’s wife of funds due to her from the sale of the disputed property of another residential premises, or by allocating funds for the purchase of housing from the bankruptcy estate, or by issuing funds to the debtor for renting other residential premises is not based on the law , since it directly contradicts the above norms and violates the constitutional right of the debtor and his family members to housing, making the implementation of this right dependent on the occurrence of certain events and actions of third parties. Resolution of the Arbitration Court of the Ural District dated June 25, 2020 in case No. A50-34786/2017

At the same time, the courts took into account the explanations of N.S. Utkina. and Utkin S.S., according to which the registration of their son at the address: Tver, st. Zinaida Konoplyannikova, was carried out with the aim of placing a minor child in an educational institution - secondary school N 53 - the nearest educational institution from the actual place of residence. The courts also established that the following people are registered and live in the named apartment: Utkina Valentina Nikolaevna (mother of the debtor), Utkin Viktor Mikhailovich (brother of the debtor) and his family (wife, daughter born in 2010). Resolution of the Arbitration Court of the North-Western District dated September 15, 2020 in case No. A66-18719/2018

In the first case, a shared apartment is put up for sale, each owner signs an agreement, and then the amount received is divided between them, according to the size of the share in the apartment. Subsequently, everyone decides their own housing issue.
During the exchange, apartment options are simultaneously selected for all owners. The barter agreement, and the transaction itself, are in many ways similar to a sale and purchase. The difference is that instead of money, the parties exchange real estate.

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According to the same code, the tenant (the actual owner of the housing under the contract) has the right to exchange living space. But only if all other tenants and the landlord (the municipality) who provided him with housing agree to this. The main legislative provisions for this type of exchange are presented in articles 72 to 75 of the RF Housing Code.

Is it possible to exchange public housing?

The forced exchange of municipal housing through the court is provided for in Article 72, 8 of the chapter of the Housing Code of Russia. The tenant has the right to exchange municipal housing for any other with the same conditions. The exchange of municipal housing for privatized housing is prohibited.

Procedure:

search for housing for exchange;
collection of documents;
filing a claim.

It is impossible to exchange a non-privatized apartment if it is declared unsuitable for living. Major repairs and disrepair of the premises are the main enemies for exchange.

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The Armed Forces explained how to force the owner to sell a share in an apartment

It happens that the owners of one apartment turn out to be strangers to each other - a small part of the premises can pass to a stranger as a gift or by will. Usually the owner of a smaller part of the apartment is not against selling it, especially if he does not live in it - but at an inflated price. Is there a chance to oblige the intractable co-owner to sell his share at market value? This possibility exists, and the Supreme Court once again reminded us of it. The Supreme Court explained under what conditions the owner of the majority of the residential premises can forcibly buy out their insignificant share in the apartment from other owners.

The apartment was divided in court

If owners need to divide shares in an apartment, they have two ways: negotiate and enter into an agreement on the division of common property, or go to court to divide the property. Both possibilities are provided for in Art. 252 Civil Code. Sometimes it is impossible to allocate a share for one reason or another - for example, when it is too small. Then the owner has the right to receive monetary compensation from other property owners - of course, if he agrees to this. However, situations are also possible when the owner may be forced to take money, although he would prefer to retain part of the living space.

This usually happens when gift agreements are drawn up or real estate is transferred to several heirs - and on the one hand, the owners of the shares are persons who are related or in family relationships and jointly use this property, and on the other hand, someone who has an insignificant share in the common property and does not actually use the property, explains Oksana Stupina, lawyer at Khrenov and Partners . A similar situation arose in the case of the Kryuchkov spouses*, which reached the Supreme Court.

Ivan and Varvara Kryuchkov* and their minor daughter lived in a three-ruble apartment with an area of 66.4 square meters. m. Once the apartment was privatized equally between Ivan Kryuchkov and his mother, but later the mother decided to sell her share. As a result, the family, together with another relative (the owner of a 1/12 share), was left with only half of the apartment - in fact, they occupied two isolated rooms. The other half of the apartment belonged to Vladimir Zakharchenko, who bought half of the housing, as well as Inna Novichenkova* and Olga Zakharchenko*, to whom the man transferred a third of his share through a gift agreement.

Forced exchange of a privatized apartment

In this article we talk about typical options for resolving legal issues, but each case is unique. Take advantage of a free consultation specifically for your specific case, call right now by phone: (it's free)

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It should immediately be noted that the legislation does not provide for such a possibility. The Civil Code guarantees the protection of private property, so only its owner can dispose of an apartment. If he is alone, then none of those living with him will be able to achieve a forced exchange of living space.

The presence of several owners complicates the situation, since their rights are equal, and any transaction with common real estate must be carried out by mutual consent. Consequently, if at least one of the owners is against exchanging the apartment, the rest will not be able to achieve this even with the help of the court.

The way out of this situation is as follows: the owner who does not want to live in the disputed apartment must go to court so that his share will be allocated in kind (Article 252 of the Civil Code). Once his property has been identified, he can dispose of it as he sees fit. For example, sell to other owners, and use the proceeds to buy new living space.

Is it possible to exchange an apartment if one of the owners is against it?

How to exchange real estate if one of the owners is against it? If circumstances require it, rights can be achieved in court . True, the court may decide to compensate the unwilling owner for the cost of his part in monetary terms . After that, decide for yourself what to do with the apartment.

Purchase and sale . Sometimes citizens do not want to sign an exchange agreement. Some consider it unreliable, others expect an additional payment, but this clause is best described by the purchase and sale agreement. This is the reason for the use of this type of transaction.
Mena . Exchange of property in ownership - this type of transaction is used when it comes to apartments of equal value. This document sets out the basic terms of the transaction. The agreement is signed by the parties and formalized in the relevant government agencies.

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