Division of a non-privatized apartment during divorce

Status of a non-privatized apartment

Any apartment or residential building has its own owner. Such owners may be:

• citizens;
• organizations;
• urban or rural settlement, region or state.

Legal entities have their own housing stock, residential premises from which are distributed among citizens in need of housing. In this case, the residential premises do not become property, but are transferred for indefinite use under a social tenancy agreement.

Previously, citizens could not obtain ownership or buy an apartment; they only had the right to use residential premises provided to them by the state or the organization in which they worked. Now the situation has changed dramatically: the state provides free apartments only to certain categories of citizens:

• for the poor;
• children left without parental care upon reaching adulthood;
• those who lost their housing as a result of natural disasters or catastrophes.

Currently, there remains a small number of residential premises that citizens have not yet privatized for a variety of reasons; in such cases, the state still remains the owner of the housing, giving those registered there the right to indefinite use of apartments in the status of a tenant.

This status allows residents to use the apartment for living, but not to dispose of it in full, as full owners of privatized residential premises.

There is another category of apartments that citizens use under a social tenancy agreement: departmental housing. Such real estate is provided to employees of individual organizations for the duration of their work in the institution that owns the residential premises.

The legal basis for using departmental housing is similar to state housing, but there are differences: a citizen can use an apartment only as long as he works in the institution; after dismissal, he is obliged to leave it.

Non-privatized apartments used under a social tenancy agreement are divided into two different housing stocks:

1. Social housing. The apartment is provided to certain above-mentioned categories of citizens who have the right to do so.
2. Specialized. Such residential premises include departmental apartments, housing for military personnel, as well as those provided to refugees, displaced persons and other categories of citizens.

How to divide a non-privatized apartment

In practice, the division of a non-privatized apartment means the division of personal accounts. The new Housing Code prohibits dividing personal accounts, so direct division of such apartments has become impossible. The motivation for this ban is the fact that separate personal accounts make apartments a kind of communal apartment, which was common practice in the early Soviet period.

Therefore, in the event of a divorce between spouses living in a non-privatized apartment, there are three options for division, which were discussed above. Let us dwell in more detail on the most acceptable of them - privatization, further division in shares or through sale and division of funds. The spouses will have to carry out several step-by-step actions before they can share the living space.

The first stage will be privatization. The first thing to be done in the privatization process is to obtain the consent of all family members. For minor children, such consent is given by their legal representatives. Then the remaining documents must be collected and an application for free transfer of ownership of the residential premises must be submitted. The application is submitted to local authorities or the Housing Policy Department. The best option would be to register the residential premises as common property.

Further actions of the spouses can occur in two ways.

1. Allocation of shares in kind. With this option of division, from one residential premises, privatized into common ownership, two (or more) real estate objects are allocated, each of which will have its own owner. In fact, a separate apartment becomes communal, with each owner having his own room (several rooms), and premises that cannot be divided (common areas such as a kitchen, bathroom, hallway, etc.) remain in the common use of each of them owners.
2. Sale of an apartment and division of proceeds. Not every privatized apartment can be divided in kind; for example, when dividing a one-room apartment, this is impossible. The only option remains: to sell the residential premises, subsequently dividing the money received for the apartment equally.

This option is not possible if the family has minor children and the spouses do not have alternative housing. The guardianship authorities will not give permission to sell the apartment.

Before starting the division of a non-privatized apartment, it is advisable for spouses to think about everything and weigh: what result will suit each of them. Then, based on the chosen section option, in order not to make annoying and sometimes irreparable mistakes, it is better to seek advice from a specialized specialist, taking with you the following documents:

• certificate of registration and composition of family members;
• a copy of the social tenancy agreement;
• a detailed plan of the apartment (you can provide a hand-drawn plan, the main thing is that it shows all the available rooms, the location of windows, doors and the area of ​​​​each room).

Non-privatized apartment rights of those living in the Republic of Belarus inheritance

» How to divide an inheritance September 09, 2020

Inheritance of a non-privatized apartment

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Inheritance of a non-privatized apartment is the prerogative of a certain circle of persons (the list of persons and the conditions for receiving an inheritance are stipulated by the norms of the current legislation).

Inheritance of real estate without privatization

According to the law, the privatization procedure is considered to be a mechanism for transferring state property into the personal property of an individual.

Real estate is considered the official property of the person living in it only after registration of the right to a residential property (registration of privatization). If such a procedure has not been carried out, potential heirs may experience a number of difficulties when registering the apartment as an inheritance under a will or by law.

If the testator dies before the completion of the privatization procedure, the residential property retains the status of state or municipal property. Accordingly, according to the law, the deceased is considered the tenant of the property, but not its owner.

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Who has the right to inherit a non-privatized apartment by law

The right to inherit an apartment belongs to a circle of persons recognized as the direct heirs of the deceased.

According to the law, the heir has the right to petition for the inclusion of residential premises in the inheritance estate.

To successfully implement this process, it is necessary that the following procedures be completed before the death of the testator:

1. Before his death, the testator submitted an application for privatization of the real estate property to the relevant registration authorities.
2. Before the moment of death, the testator provided the relevant authority with a complete package of documents.
3. At the time of the testator’s death, there is no fact that the application for housing registration has been withdrawn.

If the above circumstances exist, the heirs can include the non-privatized apartment in the inheritance estate (in accordance with Resolution of the Plenum of the Armed Forces of the Russian Federation dated August 24, 1993 No. 8).

It should be noted that the circumstances under which the testator died before state registration or before the execution of an agreement for the transfer of a residential property into his ownership are taken into account.

Actions after the death of a citizen

According to the law (in accordance with the provisions of Article 672 of the Civil Code of the Russian Federation), family members of the tenant of the residential premises who lived in the apartment together with the testator have the right to live in the premises after the death of the testator (the main tenant).

Any of the relatives has the right to enter into an agreement for an apartment with the authority that provides housing from the state fund. Accordingly, the heir of a deceased citizen can act as a full party to a contract for non-privatized real estate and retain the right to live in the apartment.

You cannot obtain the right to a non-privatized apartment

The right to privatize real estate is given to a citizen not on the basis of inheritance, but under a social tenancy agreement. It should be taken into account that an heir who does not live in the same premises as the testator does not have the right to claim to inherit non-privatized living space.

Also, residential areas are classified according to the law and a category of objects is identified that are not intended for registration of ownership. Regardless of the presence of a will, heirs cannot register ownership of the following objects:

1. Residential premises recognized as unsafe.
2. Apartments in dormitories.
3. Housing on the territory of closed military cities.
4. Premises included in service establishments.

Privatization of rental housing

To begin the procedure for privatization of real estate, the heir of a deceased citizen who has entered into a social tenancy agreement is required to contact the registration authorities (the application is sent to the place of residence).

The interested party is required to fill out a standard application form and provide authorized persons with a package of documents confirming his rights to the property subject to privatization.

The citizen is required to provide the following documentation:

1. Russian citizen passport.
2. Applicant's registration papers.
3. Extract (certificate) for a real estate object from the BTI.
4. Housing order.
5. Social tenancy agreement (under a social tenancy agreement the document must be drawn up by the applicant).
6. Extract from the house register. The document must contain information about the citizens living in the premises.
7. A power of attorney (the document must be certified by a notary), required by a representative acting as a party to a social tenancy agreement.

Consideration of an application for housing privatization

The package of documents collected by the heir is reviewed by the registration department. Authorized law enforcement agencies are checking the documents for accuracy (inquiries are made to the relevant authorities).

If no controversial issues arise, the heir appears at the registration department and draws up an agreement for the privatization of the apartment and the transfer of real estate into personal ownership.

The applicant takes legal ownership of the property only after drawing up and officially registering the contract. All information about the procedure is entered into the Unified Register and the apartment becomes the full property of the heir.

Will for a non-privatized apartment

The testator has the right to bequeath as an inheritance both property that is personally owned and property that is at disposal or may be received in the future.

In the process of drawing up a will, a citizen can bequeath any property (privatized and non-privatized, cash deposits, and so on). Moreover, the document may not indicate each immovable object separately.

The main role in the process of drawing up a will is given to the legal capacity of the owner - the citizen must be of sound mind and fully capable.

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Inheritance of a non-privatized apartment

Inheritance of a non-privatized apartment is possible in accordance with the law only for a certain category of citizens who are directly specified in the laws of the Russian Civil Code. The same legislative act also provides for the rules for the transfer of such property.

Only direct heirs have the right to claim inheritance of non-privatized housing and participate in the preparation of relevant documents.

To do this, it is necessary to take several steps even before the death of the main tenant of such premises. A written application for privatization of such an apartment must be submitted to the property registration department. The main tenant of this residential premises needs to take care of all the paperwork and begin the process of its privatization.

Inheritance of a non-privatized apartment by law occurs in the case where all documents were submitted by the tenant before his death, but the registration process was not completed, and the premises were not transferred into personal ownership.

The lawyers of the Pravoved service will be able to correctly understand the situation. RU, whose advice can be obtained by phone on the website or by contacting them online.

Legal advice on Russian legislation

Category selection

I would like to know who will inherit the unowned apartment. There are 7 people registered in this apartment. That is, after the death of the person to whom this apartment is registered. It can be inherited by all 7 registered people. Or only the one who first starts the system.

June 22, 2020, 11:30 Evgenia, Moscow

Hello If the tenant of a non-privatized apartment has died and there are also 2 sons of the deceased registered with him (one of whom is temporarily registered in another place) I would like to know the right of inheritance of this housing?

April 29, 2020, 00:12 Irina, Yaroslavl

Have a question for a lawyer?

GOOD MORNING. PLEASE TELL, our apartment is not registered, the real tenant has died, three people are registered in the apartment. Can my grandfather bequeath his part of the apartment to someone without the consent of other residents.

November 24, 2020, 07:58 luydmila, Ulyanovsk

My son, 12 years old, is registered in an apartment with his mother-in-law (his father died 5 years ago). The mother-in-law categorically refuses to privatize the apartment. 1. In the event of her death, what will happen to the apartment? 2. Is it possible to privatize part of the apartment (thereby.

October 10, 2020, 00:10 Irina, Moscow

Hello, my dad died and he was registered in the apartment, along with my mother, his brother and his two daughters, the apartment is not privatized, who will get my dad’s share of this apartment? And another question is that he (the father) owns the apartment in this apartment.

July 28, 2020, 22:38 Nastya, Tula

Situation: a 2-room apartment is NOT privatized; the following are registered in it: a grandmother, her daughter, a grandson and a granddaughter. The grandson has a wife who is not registered in the apartment, but will soon give birth to a child. Her daughter and granddaughter have not lived there for 10 years, although they are registered. Grandson s.

July 11, 2020, 22:29 Evgenia, Noginsk

Good evening. I have a problem. The apartment was not privatized. The documents for privatization were submitted, but then a week later the grandmother died. We went to pick up documents. but they said there was not enough certificate from the administration. It was only registered.

April 20, 2020, 21:37 Oleg, Volgograd

Good afternoon There are two apartments, one privatized 1k.sq.m. and the 2nd non-privatized 2k.kv. one belonged to my grandmother, the other to my great-grandmother, after their death in 2000, my mother was supposed to become the heir, as the only heir, but in 2014 my mother.

April 02, 2020, 00:07 Sergey, St. Petersburg

The father lives in a non-privatized apartment. I live with my mother in another house with registration. Will I inherit my father's home? Or is it necessary to privatize the apartment?

December 09, 2020, 18:37 Anastasia, Belgorod

Please tell me, my father and his brother were registered in the apartment. The father died, the apartment was not privatized. Do I (his daughter) have the right to a share in this apartment?

November 25, 2020, 23:55 Olga, Moscow

My grandmother had an apartment and she did not have time to privatize it before her death, her son (the brother of my deceased father) remained registered in the apartment. My sister and I took care of my grandmother for a long time and buried her with our own money, and now my son.

July 25, 2020, 12:10 Svetlana, Kameshkovo

Hello, please tell me, my stepfather died, and he was left with a credit card debt of 54 thousand, the bank calls and says that the debt should be paid to those who entered into the inheritance, but I did not enter into the inheritance, but there was nothing left from him.

13 June 2020, 13:51 Vladimir,

After the death of my grandfather, there was a non-privatized apartment left, no one was registered in it. I am a grandson. I was previously registered in this apartment. Can I somehow register it in my name or privatize it?

01 June 2020, 21:40 Andrey, Saransk

Good afternoon After the death of my parents, I was left with a three-room apartment in Moscow, the apartment was not privatized, it was municipal. There are two “main heirs”, me and my sister. According to registration: I am registered with my 19-year-old son and my sister with two children, 10 years old and 4 years old.

May 12, 2020, 16:21 Julia, Moscow

Hello! The deceased father was registered in Norilsk, the apartment was not privatized, so it went to the state. Can I claim it, or compensation from the Norilsk plant regarding this apartment?

March 31, 2020, 05:30 Olga Karyanova, Chernogorsk

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How to inherit a non-privatized apartment

It happens that a citizen (himself or with his family) lives in a non-privatized apartment and dies without having time to privatize the premises.

Any real estate - apartment, garage, land - becomes private property only after state registration of ownership rights and receipt of appropriate supporting documents. Only in this case can the owner dispose of the property, including transfer it by inheritance (by law or by will). If the privatization procedure was not carried out during life, the heirs may face a number of difficulties in connection with the further ownership and disposal of housing.

The housing and civil legislation of the Russian Federation stipulates the rules for living in non-privatized residential premises and the procedure for transferring rights to it after the death of the tenant to relatives. This article will help you understand the legal intricacies of this complex and controversial issue.

Is it possible to bequeath and transfer a non-privatized apartment?

According to Article 1112 of the Civil Code of the Russian Federation, the inheritance includes property that belonged to the citizen by right of ownership at the time of death. It is logical that property that did not belong to a citizen cannot in any way be included in the inheritance mass. That is why a non-privatized apartment cannot be bequeathed or inherited by law - it is owned by the municipality or the state with which the deceased citizen entered into a rental agreement for residential premises. Relatives and dependents of the deceased cannot apply for state or municipal housing.

Real estate only becomes the property of the citizen living in it when he goes through the privatization procedure (transferring municipal or state real estate into private ownership) and registers ownership with the Rosreestr authorities.

What to do if a citizen-tenant died before he could privatize the housing? To regulate such fairly common cases, additional legislative norms are applied that allow relatives to retain the right to use residential premises and even acquire ownership of it. Let's look at them below.

Who is the heir if the apartment is not privatized?

So, if the testator died without privatizing a municipal or state apartment, none of the heirs can lay claim to this property - neither by law nor by will.

What can the tenant's heirs count on? There are two legal ways to resolve a real estate issue:

The circle of persons who can become heirs of the apartment if the court rules in their favor is determined on a general basis. Thus, if the tenant during his lifetime drew up a will, which determined the circle of heirs, the persons mentioned in the will, as well as dependents entitled to an obligatory share (minor children, disabled children, parents, spouse) can file a claim with the court. If the will was not drawn up or was declared invalid, the circle of applicants for the inheritance is determined according to the law - in order of priority.

The order and procedure for receiving a non-privatized apartment as an inheritance

After the death of a person living in a non-privatized apartment, his relatives have two options for acquiring ownership of the residential premises.

The order of actions of relatives depends on whether they lived together with the tenant, whether they were indicated in the social tenancy agreement as family members, and also on whether the privatization procedure was at least started during their lifetime.

Completion of privatization started by the testator during his lifetime

So, according to established legal practice, a sufficient basis for inheriting a non-privatized apartment can be the intention to privatize, which the tenant expressed before death. According to the law, intention is…

Even if after this death occurs, according to Resolution of the Plenum of the Supreme Court of the Russian Federation No. 8 (“On some issues of the application by courts of the law “On the privatization of housing stock in the Russian Federation”) of August 24, 1993, the heirs have the right to petition for the inclusion of a non-privatized apartment in the inheritance estate and inheritance on a general basis. When considering the case, it must be taken into account that the employer submitted (and did not withdraw) the application and all the documents necessary for privatization, but did not have time to complete the procedure before death.

As mentioned above, in such cases there is a high probability of a dispute arising with the state or municipal body that owns the apartment - it will have to be resolved through the court.

Conclusion of a social tenancy agreement by relatives of the deceased

Even if the tenant of the apartment did not apply for privatization during his lifetime, relatives still have the opportunity to continue living in the apartment and even purchase it as property. The basis for this is the provisions of housing and civil legislation.

According to paragraph 2 of Art. 69 of the Housing Code of the Russian Federation, the tenant of the apartment and his family members have equal rights and obligations in relation to the owner of the residential premises (state or municipality). If family members lived in the apartment together with the tenant, then on the basis of Art. 672 of the Civil Code of the Russian Federation, they have the right to live in residential premises even after his death.

Thus, guided by the norms of civil and housing legislation, it can be argued that family members of a deceased tenant have the right to use and own housing, and this right is indefinite for them. Moreover, this right is retained even for those who have ceased to be a family member, but continue to live in the apartment (for example, if the husband and wife divorced, but the ex-wife did not change her place of residence and lived with her ex-husband in the same apartment until his death).

Important point! The right to live in an apartment arises only for persons who are members of the family of the deceased, specified in the social tenancy agreement. The right to live in an apartment does not arise on the basis of being a relative (including first-degree heirs).

For example, if a grandmother and granddaughter lived in a non-privatized residential building, then after the death of the grandmother the granddaughter retains the right of residence. But her mother is the daughter of her grandmother, who, although she is a relative and heir of the 1st stage, does not receive such a right, just as she cannot become an heir to non-privatized housing.

What should family members do after the death of the employer?

The algorithm of actions is determined by Article 82 of the Housing Code of the Russian Federation: it is necessary to make changes to the rental agreement for residential premises, according to which one of the family members of the deceased (with the consent of the remaining family members) will acquire the status of a tenant. This will preserve the family’s right to live in residential premises, the right to dispose of it, as well as other rights provided by law. For example, subject to general consent, family members can accommodate other persons in residential premises in accordance with Article 69 of the Housing Code of the Russian Federation.

In addition, according to Federal Law No. 1541-1 “On the privatization of housing stock in the Russian Federation” dated July 4, 1991, they can submit an application for the privatization of an apartment and, after the expiration of the appropriate period, register the non-privatized apartment as private property. According to Articles 1 and 2 of the law, privatization is the free transfer of an apartment from the housing stock of the state or municipality into the private property of a citizen who uses it on the basis of a social tenancy agreement.

Consequently, privatization and acquisition of private ownership of an apartment after the death of a relative occurs not on the basis of inheritance, but on the basis of a renegotiated social tenancy agreement.

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Not fully privatized apartment as an inheritance.

— In March 2020, my aunt died. As it turned out, she made a will in which she appointed me as the heir to her apartment located in Minsk. This apartment was purchased by my aunt under a privatization agreement with an installment plan for 40 years. On the day of her death, the apartment was not fully paid for. Question: can I obtain a certificate of inheritance for this apartment?

— As can be seen from Article 1032 of the Civil Code of the Republic of Belarus, inheritance is carried out according to a will and law. It should be noted that, according to the current legislation of the Republic of Belarus, inheritance by will has a “priority” character: inheritance by law takes place only in cases where there is no will or does not determine the fate of the entire inheritance, as well as in other cases directly established by law.

At the same time, according to paragraph 1 of Article 1041 of the Civil Code of the Republic of Belarus, a citizen can bequeath all his property or part of it to one or more persons, both included and not included in the circle of heirs by law, as well as to the Republic of Belarus and its administrative territorial units.

Consequently, in full accordance with the above principle of freedom of will, your aunt indicated you, her niece, as an heir in her will.

Further, according to paragraph 1 of Article 1040 of the Civil Code of the Republic of Belarus, a will recognizes the will of a citizen to dispose of his property in the event of death.

At the same time, as far as can be seen from your appeal, there was an agreement on the privatization of the apartment between your aunt and the state. Thus, on the day of death, your aunt was indeed the owner of the inherited property - the apartment. In this connection, within the framework of the will, she had every right to dispose of the specified residential premises at her own discretion.

However, as can be seen from your appeal, the said privatization agreement included a condition on payment in installments for the cost of the privatized residential premises for 40 years. It should be noted that this was done in full compliance with the current housing legislation of the Republic of Belarus (namely, according to paragraph 1 of Article 144 of the Housing Code of the Republic of Belarus, payment for the cost of privatized residential premises can be made in installments up to forty years, subject to making an initial payment in in the amount of at least ten percent of the residual value of these residential premises subject to payment).

At the same time, the existence of such a condition in the privatization agreement does not prevent the inheritance of the apartment after the death of your aunt.

Thus, according to paragraph 1 of Article 1031 of the Civil Code of the Republic of Belarus, as a general rule, during inheritance, the property of the deceased (inheritance, hereditary property) passes to other persons unchanged as a single whole and at the same moment (universal succession).

According to paragraph 1 of Article 1033 of the Civil Code of the Republic of Belarus, the inheritance includes all the rights and obligations that belonged to the testator at the time of opening the inheritance, the existence of which does not cease with his death.

Finally, according to paragraph 1 of Article 1086 of the Civil Code of the Republic of Belarus, each of the heirs who accepted the inheritance is liable for the debts of the testator to the extent of the value of the inherited property transferred to him.

Therefore, you have the right to receive a certificate of inheritance for the apartment that your aunt bequeathed to you. However, you must understand that by assuming the rights of an heir with the specified property, you also inherit your aunt’s obligation to the state, which existed on the day of her death, to pay the cost of the privatized apartment: you will have to pay that part of the amount that your aunt did not have time to repay during her lifetime .

And in this part, it should be remembered that according to paragraph 2 of Article 144 of the Housing Code of the Republic of Belarus, if regular installments are not paid within one year, the local executive and administrative body, organization that is a party to the purchase and sale agreement for privatized residential premises, has the right to take legal action terminate this agreement.

My personal advice: thus, you have the right to receive a certificate of inheritance in relation to the apartment bequeathed to you by your aunt.

At the same time, it is necessary to keep in mind that according to paragraph 1 of Article 1069 of the Civil Code of the Republic of Belarus, in order to acquire an inheritance, the heir must accept it.

According to paragraph 1 of Article 1070 of the Civil Code of the Republic of Belarus, acceptance of an inheritance is carried out by submitting to the notary at the place of opening of the inheritance an application from the heir to accept the inheritance or his application to issue a certificate of the right to inheritance.

According to paragraph 1 of Article 1071 of the Civil Code of the Republic of Belarus, an inheritance can be accepted within six months from the date of opening of the inheritance.

In this regard, it is important for you not to miss the deadline for accepting the inheritance after the death of your aunt.

Also, as noted above, you must remember that in this case, by inheriting an apartment, you also inherit the obligation to pay to the state the remaining outstanding cost of the specified residential premises at the time of the aunt’s death.

It is important to know: based on my work experience, I would like to draw your attention to the fact that often small details and insignificant information that clients do not attach importance to can significantly influence the course of events, and sometimes even change it radically.

Tatyana Semeshko, lawyer of the Minsk Regional Bar Association, managing partner of the law firm “Your PRIVATE LAWYER”

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Non-privatized apartment as an inheritance

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Instructions for dividing a non-privatized apartment between relatives

Let's look at both options for this section in more detail. It should be borne in mind that there are no alternative methods, because in fact a non-privatized apartment belongs to the state and residents only have the right to live in it.

Voluntarily

If all family members agree, then there is no problem as such, be it exchange or privatization. In the first case, everyone helps as much as they can, in the second, everyone collects money to register the property as private property. There will be virtually no expenses, apart from the obligatory payment to the treasury, to obtain your property. The only expense: for state registration of new owners. It costs 2000 rubles.

Through the court

The option of litigation looks more complicated. In addition, it will cost much more. This approach is relevant in cases where one or more family members do not agree with the exchange or do not want to participate in privatization, but want to receive their share. Regardless of the essence of the claim, the basic principles remain almost identical.

Procedure

1. Appraise real estate from a licensed company. This is necessary to determine the cost of the claim and the amount of state duty.
2. Draw up a statement of claim (see sample below).
3. Send it with the attached documents to the court.
4. Wait for a decision.
5. Act in accordance with the decisions of government authorities.

Documentation

The court must provide:

• Statement.
• Receipt for payment of state duty.
• The plaintiff's passport or other identity document.
• Documents relating to the privatization or exchange of real estate.

It is recommended to attach as much documentation as possible, even if from your point of view in this case this or that paper is not required. The defendant has the right to do the same.

When drawing up a statement of claim, you should be guided by Article 131 of the Code of Civil Procedure of the Russian Federation. In this case, it is especially important to describe in detail all the features of the planned section, including even small details. We offer a sample statement of claim for a standard division of an apartment, but it is easy to supplement it with the necessary information.

statement of claim for the division of a non-privatized apartment between relatives

Expenses

The size of the state duty directly depends on the cost of the apartment (Article of the Tax Code of the Russian Federation). It cannot be more than 60 thousand rubles or less than 400 rubles, and the rest depends on the price. If, according to the appraisal report, the property costs more than 1 million rubles, then you will have to pay 13.2 thousand rubles + 0.5% of any amount over 1 million. In the unlikely event that housing is valued at less than 1 million, the payment will be 5.2 thousand rubles + 1% of any amount over 200 thousand rubles.

Example : The Kuznetsovs plan to deal with the division of a non-privatized apartment in court. In their locality, such real estate costs 900 thousand rubles. The state duty will be 1% of 700 thousand + 5.2 thousand rubles = 7 + 5.2 = 13.2 thousand rubles.

In addition to these expenses, you need to pay for real estate appraisal (up to 5 thousand rubles) and for re-registration of property rights (during privatization) - 2 thousand rubles.

Privatization of housing

When deciding how to divide a municipal apartment between relatives, you can come to the conclusion that privatizing the apartment is a very good option. The tenant and all members of his family registered in the apartment can participate in privatization, provided that nothing was previously privatized by them. Those persons who do not want to participate in privatization can issue a written refusal from a notary. Minors cannot refuse to participate in privatization. In this way, their rights are strongly protected.

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An important question is: how are shares in the apartment distributed? The answer is simple: equally. Those who refused privatization have the right to live in residential premises.

Difficulties arise if one of the tenant’s family members does not want to participate in the privatization of the apartment, but also does not want to write a refusal to privatize. There is only one way out in such a situation - to go to court. The courts do not always oblige a refusal or participation in privatization, but there are no other options.

By privatizing municipal housing, the tenant and his family members become the owners of the apartment. That is, the apartment is divided into shares. This is not a way out of the situation if people do not want to live together and use common shared property.

In such a situation, it is necessary to make some more transactions:

• draw up an agreement on the procedure for using housing, establishing who will live in which room;
• complete the purchase and sale of shares in an apartment, making sure that the residential premises have only one owner;
• sell the apartment and divide the proceeds in proportion to shares.

There are a huge number of options. It is difficult to say which of them is the most promising. Each specific situation must be analyzed separately, taking into account all the nuances.

It is difficult for an unprepared person to make a choice between all the available options and to objectively evaluate the pros and cons of each. A qualified lawyer who professionally deals with real estate division issues can come to your aid. He will assess the situation, identify all its subtleties, determine which of the division options is the best, and help competently carry out procedures aimed at dividing property.

Methods for dividing an apartment between owners

Despite the impossibility of allocating shares and actually dividing a non-privatized apartment between several people, there are still a couple of options for how one property can be distributed among several potential owners.

Exchange

This, on the one hand, is the most logical and understandable option, and on the other hand, the most unrealistic. Its essence is that residents independently look for similar housing suitable for exchange. Next, an additional agreement is concluded to terminate the lease of existing property and new lease of new housing, based on the number of residents.

Example : The Kuznetsov family lives in a non-privatized two-room apartment with the wife’s parents. They want to live separately and offer to exchange one two-room apartment for two one-room apartments. One of them will go to the married couple, the other to the wife’s parents.

Unfortunately, the amount of non-privatized housing in the country is extremely limited and most of it has already been distributed among families. As a result, choosing a suitable property so that it is not only suitable for exchange, but also available is almost impossible.

Privatization

This is already a more accessible, although more expensive option. If in the first case the problem lies in the search for suitable housing and the family does not bear the actual expenses, then in the case of privatization, you will have to pay a round sum (based on the terms of the contract). Immediately after privatization, the apartment becomes private property. When registering such real estate, it is recommended to immediately divide it into shares according to the number of new owners, so as not to pay twice for making changes to the register.

Is it possible to divide a non-privatized apartment through the court?

During a divorce, there are often situations where mutual accusations and an already tense atmosphere do not allow spouses to make correct and informed decisions. Nobody wants to give in; there is no agreement on any issue. What remains is an attempt to solve the problem through the courts.

But if when dividing a residential premises that is jointly owned by spouses, everything is more or less clear, then the division or exchange of a non-privatized apartment is a rather long and complex process, since the court must take into account the interests of all family members. This is especially true for families where there are minor children or other incapacitated family members. In such cases, the court involves the guardianship and trusteeship authorities to participate in the process.

Of course, with a certain persistence and desire, it is possible to divide a non-privatized apartment through the court, but most often this division does not happen the way the plaintiff would like; legal proceedings last for years and require the investment of huge funds, effort, time and nerves. As a result, the division will occur according to one of the options described above, since there are no others.

The best way to avoid problems with the division or exchange of a non-privatized apartment is the help of a specialist. Usually, when such or similar situations occur, people who are inexperienced in legal matters are at a loss and do not know where to start, who to contact, or what documents to collect. Sometimes they take many unnecessary and incorrect steps, some of which are subsequently difficult, and sometimes impossible, to correct.

An experienced lawyer is always ready to offer several options for getting out of this situation; all you have to do is choose the most optimal one for you.

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Hello! Please, I beg you to help! prevent the seizure and appropriation of our apartment in Minsk, in Serebryanka! tel.80447496838 What to do in the Republic of Belarus if they are planning to take over our apartment in Minsk through the court, in 2021 through my mother’s roommate? Where I made APPEAL requests to all authorities!!! Sent on 09.07.20 sent appeals to all authorities: THE OFFICE OF THE PROSECUTOR GENERAL, TO THE MINSK PROSECUTOR'S OFFICE, MINSK REGION, TO THE SECURITY COUNCIL, KGB, EVEN TO THE PRESIDENT SENT HER APPEAL TO HELP IN CONDUCTING THE PROCEEDINGS WITH THE MOTHER'S COHAMBER AND HIS ALL ACTIONS YAY!!! JUST IGNORE EVERYTHING AND INACTION!!! DECIDE FOR YOURSELF AS YOU WANT!!! JUST REPRESENTATIONS WILL BE EMAILED!!! To requests where no one from the management reacts in any way, after the publication of my appeal, they took for consideration my application at the Prosecutor General's Office about the appeal of citizens by Yuri Viktorovich Karpitsky, as well as at the Minsk City Prosecutor's Office, but only as long as the registration number is there, everything is under consideration, where they said the secretaries would respond by email within 5 days or after 5 days to my appeal through the website “about citizens’ appeals”. NO ONE WILL BE CONSIDERED, THEY ONLY SAID THIS OVER THE PHONE!!! I called on 09/10/20 and asked if there would be a check, they said that they would write to the post office and contact the COURT!!! WHERE A CHECK IS NEEDED AND NO ONE WANTS TO HELP SOLVE THE ISSUES AT ALL!!! I really hoped that they would help me solve it!!! I DON’T EVEN KNOW IF THIS PROBLEM WILL BE TAKEN TO CONSIDER AND SOLUTION, BUT IT TURNS OUT THAT IT WILL NOT!!! THEY ANSWERED ME THAT THIS WILL BE THEIR SOLUTION!!! WHAT IS WRITTEN IN INFORMATION SOURCES ABOUT PROTECTING YOUR RIGHTS AND YOUR PROPERTY WITH THE HELP OF A SECURITY SYSTEM! OUT OF THE QUESTION!!! NOBODY! NOBODY! NOBODY! IT WILL NOT CONTRIBUTE TO THE TERMINATION OF FRAUDULENT ACTIONS EVEN AT THIS LEVEL OF THE TAKEN AND APPROPRIATION OF OUR PRIVATE PROPERTY!!! WHERE THE ENTIRE CRIMINAL SCHEME HAS BEEN DISCOVERED! NO ONE CAN STOP AND CHECK THE MOST IMPORTANT THING! AND IF THERE IS A CHECK, THIS PERSON WILL BE COVERED!!! It’s just that NOT a single law works at all when I apply! I sent it through the official website and email to everyone I could from senior officials, even to Karl Marx, 38. A terrible situation with this roommate, where in fact he has now made himself UNWALKING AND RECEIVED A CONCLUSION THROUGH THE HOSPITAL, where over time through the court they will make him insolvent and incompetent, everything is completely blocked and this roommate, with such protection, is with his brother, a lawyer with great connections in Gomel and Minsk!!! TO TAKE AN APARTMENT FROM THE PROTECTIONLESS IN MINSK, WHERE THEY HAVE LIVED ALL THEIR LIFE AND HERE FOR THE NEEDED PERSON!!! OF COURSE, NO ONE WILL EVER SAY SUCH ACTIONS AND THINGS OPENLY, IT WOULD BE A CRIME! WHO JUST WANTED OURS! SO MANY APARTMENTS IN MINSK! ESPECIALLY, FOR SUCH PEOPLE EVERYTHING IS POSSIBLE FOR FREE OR A MINIMUM %!!! AND HERE WITH RESIDENTS WHO ARE PURPOSELY LEADING THROUGH THE BANK INTO DEBT THAT THEY ORGANIZED THEMSELVES! RUNNING OUR FAMILY AND DESTROYING OUR PRIVATE PROPERTY SINCE 1978!!! IT'S A SCARY SITUATION WITH SUCH ACTIONS BY SUCH PEOPLE WHO HELP HIM!!! NEVER SUCH A SCHEME WILL EXIST ALONE! ONLY THESE ARE ALL UNPROVABLE ACTIONS IN MY WORDS! Especially the fact that the mother’s partner, under someone’s leadership, has been processing apartments since 1996 with his bank documents, adding additional notarial powers without the knowledge of the one on whom everything is entrusted! The main thing is that she does everything according to the law, drawing up some of the documents and making another person responsible, now my mother. HOW TO STOP THIS ALL FOR OUR FAMILY AND OUR APARTMENT IN MINSK?! And after all, the woman with whom she previously lived as a partner did not just hang herself! The appeals that I am sending TO THE SUPERVISOR AND CONTROL AUTHORITY DIRECTLY SO THAT THEY ARE CONSIDERED AND STOPED! MAYBE THEY WILL JUST WRITE THAT EVERYTHING IS GOOD! I DON'T KNOW HOW TO PREVENT ALL THESE ACTIONS BY THIS COMMUNITE? And if there is a check, then a military pensioner at 59 years old! WILL DEFINITELY BE COVERED, BECAUSE HE CAN’T DO EVERYTHING INDEPENDENTLY AND REGISTER PURPOSELY FOR CERTAIN ACTIONS, AND ESPECIALLY IN ADVANCE, RIGHT 2 YEARS BEFORE CERTAIN ACTIONS!!! FOR MORE THAN A MONTH, THEY HAVE BEEN GUARDING IN EXPENSIVE CARS IN THE YARD WITH MOGILEV AND GOMEL NUMBERS, WHICH WILL DIRECTLY TAKE PART IN ALL THESE ACTIONS! SHOWING THAT THEY WILL DO EVERYTHING POSSIBLE, DEMONSTRATIVELY SHOWING THAT THIS APARTMENT IS NEEDED! IT MAY BE RELATED TO CONTRACTS, ETC. SO INCREDIBLE TO OUR APARTMENT!!! EVERYTHING IS JUST REALLY UNPROVENABLE! TELL US HOW TO REPORT THAT THE APARTMENT HAS BEEN occupied SINCE 1978 BY US SO THAT WE STOP DESTROYING AND RUINING IT?! HOW IS IT POSSIBLE IN THE COUNTRY TO STOP THE ARBITRARY CONTESTATION OF AN APARTMENT through the cohabitant mother and sister?! WHERE NO ONE CAN HELP WITH A WORD AT ALL!!! AND THIS IS FOR PRIVATE PROPERTY! THEY JUST WANT TO ORGANIZE A TRIAL THROUGH ME!!! WHERE WE DON'T NEED COURTS AT ALL!!! IT IS IN QUESTION WHETHER THE GOVERNMENT AUTHORITY WILL TAKE CONTROL AND STOP ALL THE DOCUMENTS OF THE CHAMBER WHICH IS EXECUTED FOR THE MOTHER! ESPECIALLY UNDER THE BANK POWER OF ATTORNEY, WHERE NOTARIAL ACTIONS AND POWERS WERE ADDITIONALLY ASSIGNED TO THE MOTHER! WHERE HE DIDN’T EVEN TELL THE MOTHER AND PURPOSELY MADE AN ADDITIONAL DOCUMENT FROM THE NOTARY ATTACHING IT TO THE BANK POWER OF ATTORNEY! SO THAT MOTHER WOULD RESPONSE WITH HER APARTMENT IN MINSK! SINCE THROUGH THE COURT HE WILL BE MADE UNSOLVENT AND INCOMPATIBLE! WHEN WILL YOUR DAUGHTER HAVE A GUARANTOR FOR THE CONSTRUCTION OF A NEW HOUSING! THIS IS A FRAUDULENT ACTION OF A COMMUNITY PARTY! HOW IS IT POSSIBLE TO THE PROSECUTOR'S OFFICE, WHEN I APPLY ELECTRONICALLY, TO SOLVE SUCH ISSUES WITH DOCUMENTS AND STOP IF IT DOESN'T WORK AND THEY'LL JUST SIGN UP??!!! I AM WORRIED THAT THE SUPERVISOR AUTHORITY WILL NOT RESPOND IN ANY WAY TO MY APPLICATION TO TERMINATE ACTIONS WITH DOCUMENTS FOR THE MOTHER OF THE EXECUTED!!! I LEAVE INFORMATION EVERYWHERE AND ON ANY SOURCE ABOUT THE HELP THAT I WOULD LIKE TO HAVE WITH THIS COHAMBER! WHERE, THROUGH LAWYERS AND THROUGH THE COURT, EVERYTHING WILL BE WORKED OUT VERY BEAUTIFULLY, BECAUSE I DON’T KNOW WHAT I SHOULD DO, IF THERE IS ALSO THE PROSECUTOR’S OFFICE FOR THE COMMON PARTY AND DOESN’T STOP ANY OF THE ABOVE, THEN THERE WILL BE COMPLETE INSECURENCY IN EVERYTHING M! HOW IS IT POSSIBLE TO PROTECT YOUR APARTMENT IN THE REPUBLIC OF BELARUS FROM PEOPLE SUCH AS YOUR MOTHER'S COMMANDER, WHO HAS BEEN ENGAGED IN THE SAME METHODS SINCE 1996, BUT IN DIFFERENT WAYS!? AFTER IT HAS BEEN VERY POPULAR TO EVICTUATE AND SETTLE OUTSIDE MINSK THOSE WHO ALWAYS LIVED NEAR THEIR SOURCES, BUT WHO AFTER THEM ARE WANTED TO APPROACH AND SUBJECT EVERYTHING TO THEM!!! EVEN ALL CRIMINAL AND FRAUDULENT SCHEMES ARE DISCOVERED, JUST NEED TO BE CHECKED AND PROVED DIRECTLY BY COMPARING ALL ACTIONS, FACTS, DOCUMENTS, ETC. ALSO THE MOST IMPORTANT THING IS THAT HE IS NOT SITTING! FOR SO MANY YEARS! THESE ARE SIMPLY UNPROVEN ACTIONS! TO APPROACH OUR APARTMENT, WHICH WE HAVE ALREADY LIVED SINCE 1978, USING METHODS WHERE YOU KNOCK IN ADVANCE AND WARN MORE THAN HALF A YEAR!!! The main thing is that our roommate is consciously processing the apartment with a building savings agreement! I can’t even apply to have it checked properly! Nothing works and they can’t protect themselves and our apartment and do something!? It’s not ordinary people who are covering for him through his mother’s cohabitant, it seems to me for sure! I would really like the prosecutor’s office to really help and stop the actions! I'm very worried that I don't know what to do!!! How can you stop all the actions of a roommate at 59 years old, who will work through his sister on a new apartment under construction, where he will be a guarantor!? THERE IS EVEN A CONCLUSION FROM THE HOSPITAL THAT DOES NOT GO! THEY WILL MAKE THEMSELVES INCAPABLE AND INCAPTIVE!!! Really, how can you stop all this barbaric chaos!!!?? They do everything with their own people! Tell me, in this state does anything work for my requests and what am I doing wrong, where I’m just asking for assistance in terminating the building savings agreement and that everything will be blamed on my mother!? Squeeze and appropriate our apartment in Minsk, in Serebryanka!!! How to stop arbitrariness, where in reality NO LAW WORKS AT ALL!!! BUT ONLY ONE PROMOTION FOR SOMETHING! ASK FOR HELP FROM ALIENS!? COMPLETE INACTION OF EVERYTHING!!! WHERE THEY DON'T EVEN WANT TO PREVENT THESE ACTIONS!!! TO WHOM CAN I RETURN OUR APARTMENT AND FAMILY FROM DEBT AND RUIN IN EVERY SENSE OF THIS WORD?! After all, THEY DO ALL THIS CONSCIOUSLY, APPROACHING SOMEONE else'S PROPERTY FOR SOMEONE!!! MY GOD, HOW! HOW! HOW IS IT POSSIBLE FOR THIS ACTION TO BE STOPED!? THEY CAN CREATE AN APPEARANCE AS THE SECRETARY FROM ONE DEPARTMENT, WHEN HE GAVE A “BOOK OF COMMENTS AND SUGGESTIONS” to a personal reception with the prosecutor, a supervisory and control body! Where did they give the appropriate answer? In such a solution to the issue, there is complete helplessness for such actions! BARBARIAN AND INHUMAN CAPTURE OF OUR PROPERTY FOR SOMEONE THAT THE COBHAMBER WORKS WITH SUCH METHODS! THE MAIN THING IS THAT YOU WILL BE CLEAN BEFORE THE LAW!!! CONSCIOUS ACTIONS AGAINST PRIVATE PROPERTY IN THE REPUBLIC OF BELARUS, WHERE WE HAVE LIVED SINCE 1978 AND ESTABLISHED A NEW CONSTRUCTION FOR THE PURPOSE OF SETTLEMENT AND APPROPRIATION OF OUR APARTMENT??!!! At the state level, the squeeze out of the apartment where, according to the documents, he made himself clean, relieving himself of all responsibility!!! What should I do?! How to protect something that is very expensive and those who are supposed to protect want to squeeze it out?! I can’t wrap my head around flattery towards us (those (those)) who cannot defend themselves in every sense of the word and the forces are NOT equal, where you are simply NOBODY!!! NO ONE CAN HELP IN ANY WAY to stop all these actions, they will simply lead you very nicely to certain actions!!! WHAT CAN WORK IN THE REPUBLIC OF BELARUS TO PROTECT ITS RIGHTS AND ITS PROPERTY!!!?? TELL ME HOW!? AFTER OUR PERSON IS NOT SIMPLE!!! IN THE 21st CENTURY, WE ARE RESIDING IN OUR PRIVATE APARTMENT IN MINSK, IN SEREBRYANKA SINCE 1978 RESIDENCE!!! KNOWING AND SELECTING IN SUCH WAYS AND METHODS!!! NO CONSCIENCE AND HUMANITY AT ALL!!!WORSE THE 90S!!! GET THE APARTMENT BECAUSE I WANT THIS EXACTLY! AND ALL WITH RETIRED EARLY PENSION!!! THE LAWS ARE NOT WRITTEN AT ALL!!! THROUGH THIRD PARTIES, COHAMBER MOTHER AND SISTER!!! PLEASE HELP TO PROTECT FROM ALL THESE ACTIONS OF CLOSE PEOPLE WHO DO ANYTHING AND WORK BY METHODS WHERE THEY CAN’T ACHIEVE TRUTH AND JUSTICE!!!

Tatiana

::
Minsk

Is such an apartment divided as joint property?

Unfortunately, housing occupied under a social tenancy agreement cannot be divided during a divorce, since it is not the property of the spouses and does not belong to jointly acquired property.

The spouses are not the owners of this housing and did not own it jointly, as required by the provisions of the Family Code, establishing the legal regime for the property of the spouses. None of the spouses had any rights other than the right to use and reside in the non-privatized apartment.

However, there are several ways to divide the apartment in this case, or we will reserve the right to use it for the spouses.

Is it possible to divide a municipal apartment during a divorce?

Since only jointly acquired property can be divided during a divorce, a municipal apartment cannot be divided. However, this does not mean that former spouses are doomed to live together for life.

The law allows several options for the so-called “division”, which will help spouses improve their living conditions after the termination of family relations.

The provisions of Art. 36 of the RF IC on joint property of spouses. Neither the provisions on the legal regime of joint property of spouses, nor the division rules established by the RF IC can be applied to municipal (official) housing.

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In the usual understanding, by paying compensation or registering shared ownership, a municipal apartment is not subject to division.

What you need to know when dividing a non-privatized apartment

When using a non-privatized apartment, a married couple must remember several features of its operation and division:

1. If one of the spouses is not registered in the apartment, regardless of registration or lack thereof of the other spouse, he does not have any rights to this residential premises during a divorce.
2. If a husband or wife refuses to participate in the privatization of real estate, they lose all rights to the apartment.
3. When spouses divorce, they do not have the right to demand an exchange of living space from the owner of the apartment, no matter who he is, no one is obliged to provide them with separate housing. Former spouses look for any option for exchange or division on their own.

In case of divorce and division of joint property, non-privatized residential premises will in any case remain the property of its owner (state, municipal authorities, etc.) and is not subject to division.

The only acceptable option in the vast majority of cases may be the privatization of the apartment followed by division into shares or sale and division of the proceeds.

The exchange of non-privatized residential premises is unlikely, since the former spouses will have to find such exchange options that would suit both parties, and they can only exchange for the same non-privatized apartments.

How is public housing divided if there are children?

When dividing a municipal apartment with children living in it, former spouses may encounter a number of problems that hinder the process:

1. a minor child does not own a share in municipal real estate;
2. A child is deregistered only if new housing is provided, no smaller in size. He registers with one of the parents. The quality of the living space must meet the standards and not be worse than before;
3. If the parents did not comply with the above conditions, the exchange or other actions with state property are considered invalid. Violations are dealt with by the guardianship authority. During a divorce, if the child’s rights were violated, the court will restore him to his former residence address.

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When completing the procedure, parents cannot ignore their child; they must include him in the share both before and after this age threshold. If these parameters are not met, the transaction will also be considered invalid.

Summarizing the above, we can conclude: registration in a municipal apartment does not give the right to it as personal property. Property claims do not depend on registration. After a divorce, the main tenant can evict the former spouse from the occupied living space.

If the other half is not registered in the apartment, after the divorce process she loses the right to live in it. When living together in the same territory after a divorce, both are obliged to pay personal bills in equal shares.

The best option for dividing state property is to privatize housing before the divorce process and then allocate parts of it to all family members. After the procedure, the owners deal with it at their own discretion. Privatization is impossible without the consent of all family members.

How to divide a non-privatized apartment in 2019

Often, such a division occurs when two spouses who lived with their parents or children divorce. Therefore, by contacting municipal authorities with a request to divide a non-privatized apartment, you can obtain a decision to exchange, for example, one two-room apartment for two one-room apartments. 3 Most often, such an exchange does not satisfy all family members. Therefore, a conflict arising on this basis may escalate into the refusal of one of the spouses to divide the non-privatized apartment into two. This risks the fact that the exchange can only be made through a long and protracted legal process, in which the arguments of both sides are taken into account. 4 A more labor-intensive procedure for exchanging a non-privatized apartment arises if persons who are incapacitated, limited in legal capacity, or minor family members of the tenant of the apartment live in it.

Exchange of a non-privatized apartment

What does “exchange of a municipal apartment” mean? This means that tenants must find two other non-privatized apartments to replace their non-privatized apartment, obtain the consent of the apartment owner (municipal or state) and make the exchange.

Despite the apparent simplicity of this method of solving the problem, it is incredibly complex. It is not so easy to find two small apartments of equal value and agree with the municipality on an exchange for one large one, conclude an agreement for the exchange of residential premises, or re-issue apartment rental agreements.

Moreover, the exchange of non-privatized apartments requires the mutual consent of the divorcing spouses. It happens that the tense relationship between husband and wife does not allow them to make informed decisions. If one of the spouses does not consent to the exchange, you will have to go to court.

And the legal battle over the exchange of a non-privatized apartment can be long and complicated. After all, the court will take into account the interests of both spouses. The process of dividing non-privatized housing can be especially difficult if incapacitated, partially capable, or minor residents - members of the tenant's family - lived in it. The guardianship and trusteeship authority will necessarily take part in the judicial process.

Features of the division of privatized housing between relatives

Or everyone can agree together, choose a suitable option that will suit everyone, and obtain the consent of the owner (the city of Moscow represented by the Department of Housing and Housing). Or in court, but this is almost impossible. A non-privatized apartment can only be exchanged for similar non-privatized ones. Important Pay for the answer Do you have an answer to this question? You can leave it by clicking on the Reply button Similar questions My 2-room apartment includes me, my mother, my brother and his 7-year-old daughter. Mom is the main tenant. The apartment is not privatized. My mother lives with her sister in a two-room apartment. They are the owners of this apartment (half belongs to my aunt, half to my mother). My father and stepmother each own half of the 2-room apartment. (Ownership certificates vary) Married. They each have one son.

Section of a non-privatized apartment

Unfortunately, the amount of non-privatized housing in the country is extremely limited and most of it has already been distributed among families. As a result, choosing a suitable property so that it is not only suitable for exchange, but also available is almost impossible. Privatization This is a more accessible, although more expensive, option. If in the first case the problem lies in the search for suitable housing and the family does not bear the actual expenses, then in the case of privatization, you will have to pay a round sum (based on the terms of the contract). Immediately after privatization, the apartment becomes private property. When registering such real estate, it is recommended to immediately divide it into shares according to the number of new owners, so as not to pay twice for making changes to the register. In this case, you can go to court if fulfilling this requirement is not possible.

• If relatives who have shares in such housing have heirs who do not live in this apartment, problems may arise for the remaining co-owners when registering ownership rights or selling.

When drawing up a statement of claim, you must indicate the circle of persons who have shares in this property, the legal status of each of them, and the reasons that led to the need to divide the apartment. If the purpose of the statement of claim is to protect the interests of minor children, you must first contact the guardianship authorities. A statement of claim for the division of privatized housing can be found on our website.

How is a non-privatized apartment divided?

As for forced division, the case will be resolved through the court, with the participation of guardianship (taking into account children), and you must look for division options taking into account the interests of minors.

But first of all, you will have to pay all debts for the apartment to your sister that fall to your share and move into the apartment (if your sister does not agree, then through the court). If you try not to pay, she may file a claim to recognize you as having terminated the right to use the housing (you do not live, you left voluntarily, you do not pay for housing) and you will lose what you had.

All residents are adults.

How to properly divide a non-privatized apartment between relatives

In the event of divorce, the ex-wife or husband will have to leave such an apartment. But, given the circumstances, the court may allow cohabitation for some time. Division of a mortgage The problem of dividing a mortgaged apartment is that the bank accepts as collateral only those shares of apartments that consist of an isolated room. It turns out that a share in a one-room apartment cannot be pledged. In the case of a multi-room apartment, the bank has the right to demand repayment of the entire debt at once, so as not to get involved with such low-liquid property. The situation is somewhat easier with a shared apartment between spouses.

What you need to know about dividing an apartment

Instruction 1 Before the entry into force of this Housing Code, it was possible to divide personal accounts in a non-privatized apartment, i.e. It was possible to divide a non-privatized apartment between two or more persons. Now this norm has been removed, which was motivated by the fact that the separation of personal accounts creates a semblance of communal apartments. Those who want to divide a non-privatized apartment now have the opportunity to exchange, for example, a non-privatized two-room apartment for two non-privatized one-room apartments. 2 Exchange of a non-privatized apartment is possible with the written consent of the landlord, i.e. the owner of the apartment, for example, the city, if the apartment belongs to him. Family members of the apartment tenant have the right to demand that he exchange the apartment for several apartments in different buildings, i.e. this means that one three-room apartment can be exchanged for three one-room apartments.

Pre-trial procedure for dividing a personal account in a municipal apartment

Residents in a municipal apartment can be co-tenants of the premises, or live as family members of the main tenant. Landlords of municipal housing will be local authorities. They are authorized to act on behalf of the municipality.

To figure out how to split the bill in a non-privatized apartment, you should find out whether the housing will be communal, with several isolated rooms, or an indivisible piece of real estate . In the first case you need:

• try to draw up a notarized agreement to determine the amount of payment for utilities;
• if the above document is drawn up, contact the EIRC with an application for division of the personal account;
• If the EIRC refuses, you should file a claim with the district court.

If residents do not live in a communal apartment, then they will have to follow the contractual procedure for determining the costs of maintaining the living space. The main thing is to agree on costs bypassing the courts. There will be no conflict when in a “communal apartment” families live in isolated rooms, with their own personal accounts.

How to divide a non-privatized apartment

But that was not the case: Article 35 of the highest normative legal act of the Russian Federation - the Constitution, while protecting the right of property, does not allow its forced termination. If the parties do not reach an amicable agreement, the court has the right to consider the degree of interest and necessity of this housing stock for the shared owners. If both parties are in the same conditions - they have no other housing, and are equally interested in the further use of the existing one - the court directs efforts to achieve a peaceful resolution of the situation.

If one of the owners does not live in this apartment and is provided with other housing, the court’s activities are aimed at maintaining fairness in the ownership of property by both parties. The court may terminate the property rights of such a homeowner. Attention Methods of dividing an apartment between owners Despite the impossibility of allocating shares and actually dividing a non-privatized apartment between several people, there are still a couple of options for how to distribute one property between several potential owners. Exchange This, on the one hand, is the most logical and understandable option, and on the other hand, the most unrealistic. Its essence is that residents independently look for similar housing suitable for exchange. Next, an additional agreement is concluded to terminate the lease of existing property and new lease of new housing, based on the number of residents. Example: The Kuznetsov family lives in a non-privatized two-room apartment with the wife’s parents. They want to live separately and offer to exchange one two-room apartment for two one-room apartments. One of them will go to the married couple, the other to the wife’s parents.

The procedure for dividing a privatized apartment

Regardless of the essence of the claim, the basic principles remain almost identical. Procedure

1. Appraise real estate from a licensed company. This is necessary to determine the cost of the claim and the amount of state duty.
2. Draw up a statement of claim (see sample below).
3. Send it with the attached documents to the court.
4. Wait for a decision.
5. Act in accordance with the decisions of government authorities.

Documents The following must be submitted to the court:

• Statement.
• Receipt for payment of state duty.
• The plaintiff's passport or other identity document.
• Documents relating to the privatization or exchange of real estate.

It is recommended to attach as much documentation as possible, even if from your point of view in this case this or that paper is not required.

When partition is not possible

The state has the right to refuse both privatization and the exchange of real estate for the purpose of dividing it between relatives in the following cases:

• One of the family members has a more severe contagious disease.
• The housing used or planned as exchange is dilapidated and/or does not meet sanitary standards.
• Residents are planned to be evicted for their actions/inactions.

It is almost impossible to deal with the division of a non-privatized apartment between relatives without the help of an experienced lawyer. Before dealing with this issue, we recommend that you consult with professionals for a free consultation. If necessary, we will provide more significant support by taking on the preparation of documents or working with the judicial authorities.

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How is a non-privatized apartment divided during a divorce?

You can try to divide a non-privatized apartment in three ways:

• exchange;
• privatize and then divide;
• obtain the right to use.

Exchange of a non-privatized apartment

What is meant by the words “exchange of living space”? Citizens who have started such an exchange must find two different non-privatized apartments whose residents want to “move in” with each other, obtain consent to such manipulations with housing from these residents, as well as from the owners of all apartments (state or local municipality) and then exchange one , a common apartment for spouses into two separate ones.

Previously, when all apartments were owned by the state, this method was very common, some managed to carry out double or triple exchanges, and entire chains of families were built who wanted to exchange apartments in various ways.

Currently, the problem of exchange is much more difficult to solve, since there are fewer and fewer non-privatized apartments every year, and the number of possible options is decreasing. In addition to the relatively small number of remaining non-privatized apartments, to carry out the exchange it is necessary to obtain the permission of the owner, conclude an exchange agreement, and then conclude a new lease agreement for each apartment participating in the exchange.

But, first of all, the mutual consent of the former spouses is necessary.

So, both spouses agree to the exchange, in which case they must perform the following actions:

1. Find exchange options that suit everyone.
2. Conclude an exchange agreement with counterparties.
3. Obtain the consent of the owners of all apartments participating in the exchange for the exchange.
4. Terminate all social rental agreements on the basis of which all exchange participants use residential premises.
5. Conclude new contracts.

Verbal agreement to exchange is not enough. Each apartment owner must give a written response on consent or refusal to exchange within ten working days from the moment the applicant filed a request.

The grounds for refusing to issue an exchange permit may be:

1. Conflict situation between homeowners and tenants. This could be a change in the conditions of use of the apartment, the tenant’s debt on utility bills, the owner’s intention to evict the tenants, etc.
2. Recognition of one (or more) of the exchanged apartments as unfit for habitation.
3. Any of the tenants or lessors disputes the right to use the residential premises.
4. The building in which any of the exchanged apartments is located will soon be demolished, or a major renovation or redevelopment is planned.
5. As a result of the exchange, a situation will arise where citizens with certain serious illnesses, for which they need a separate room, will have to live together with other residents.

For example, spouses Ekaterina and Nikolai live in a two-room non-privatized apartment. Ekaterina’s mother, a disabled person of the second group, diagnosed with tuberculosis, lives with them. She occupies a separate room, since according to the law, patients with such a diagnosis require a separate isolated room.

The couple decided to get a divorce and exchange the apartment, but the only exchange option they could find was to exchange the two-room apartment for a one-room apartment and a dorm room. Neither option is suitable in the case of this family, since when moving to a one-room apartment or room, Ekaterina will be forced to live with her sick mother in the same room.

Important. If minor children live in one of the residential premises planned for exchange, the consent of the guardianship authorities to such an exchange is required.

Russian legislation specifies a number of requirements that apply to real estate exchanged, namely:

1. It is possible to exchange an apartment used under a social tenancy agreement only for residential premises with the same legal status.
2. All housing participating in the exchange must belong to the same housing stock. For example, exchanging real estate from a social fund for an apartment from a special fund is unacceptable.
3. It is impossible to exchange an apartment or room for part of the premises in another apartment, or for premises that are not recognized as residential (kitchen, bathroom or utility room).
4. Each of the exchanged residential premises must comply with all sanitary standards.
5. The law does not allow exchanging for an adjacent room; any of the rooms intended for exchanging must be isolated.
6. It will not be possible to exchange an apartment if one of the spouses is forced to move to a room or apartment that does not take into account the space standards for each family member.

For example, if a mother and children have to move to an apartment whose living space per person is less than the standard, guardianship will not allow such an exchange.

Privatization and subsequent partition

A more acceptable option for dividing a non-privatized apartment is its privatization and subsequent division. The conditions under which this is possible are:

• registration of both spouses in a divided apartment;
• participation in the privatization of one and the other, only in this case they will receive the right of common shared ownership of residential premises.

In situations where, in addition to the husband and wife, other relatives are registered in the apartment, they all have the right to participate in the program in equal shares, and if they all agree to privatization, each will receive their share of the property, and the subsequent division will be implemented in proportion to the shares all residents of the apartment.

Important. Privatization is possible only with the consent of everyone registered in the residential premises.

Of course, one of the spouses can refuse privatization (a written, notarized refusal is required), in which case the second spouse will receive the residential premises as their own property.

For example, the K. spouses, living in a two-room non-privatized apartment, decided to get a divorce. Elena K. suggested that her husband privatize the apartment before the divorce in order to divide it after the divorce. Denis K. categorically refused to participate in privatization, and when his wife said that she would then register the apartment in her own name, he replied: “Do what you want.” However, he gave a written refusal to privatize Elena.

Elena K. privatized the apartment, which subsequently became her private property. During the subsequent divorce and division of joint property, Denis K. no longer had any right to either the apartment or its share and was forced to rent housing for a long time.

Right to use the apartment

In accordance with the Housing Code of the Russian Federation, all family members of the responsible tenant have the right to use it after divorce, including the ex-spouse. This means the following:

• he can sublet it;
• demand exchange of living quarters;
• perform any actions with the residential premises that are available to the other spouse.

The only thing that can be changed after a divorce is the procedure for paying utility bills. After the divorce process, the second spouse is responsible for his share of the costs of maintaining the apartment and must comply with them. To do this, he can apply to the owner of the residential premises (landlord) with a request to divide the obligatory payments. In this case, the former spouses will receive two separate bills for payments, each will have to pay their part of the utility bills.

Important. A social tenancy agreement is concluded with one of the residents registered in the apartment, even if the spouses divorce.

Former spouses can enter into an agreement in which they agree on the procedure for using the real estate. In such an agreement, each spouse, if possible, is assigned a separate room, and a schedule or procedure for using utility rooms (bathroom, kitchen, loggia, storage room) is specified.

NON-PRIVATIZED apartment during divorce

My mother and I lived in a 2-room apartment. apartment. Later my mother died and I became the main tenant. She got married, registered her husband, and had a son. After 7 years, my husband found someone else. And now he’s going to register her and her child in my apartment. Demands to privatize it. Tell me, does he have any rights to my apartment? Moscow

Especially if the housing is municipal. The fact is that family members of the tenant of a residential premises under a social tenancy agreement have equal rights and obligations with the tenant.

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