Is it possible to deprive the owner of a share in an apartment?
Content
Shared management of real estate is one of the types of joint ownership of living space. It is possible to deprive the owners of an apartment on the basis of the law. If there is no consent from the owner, the procedure is carried out through the court or through the purchase of the owner's share.
Deprivation of a share in an apartment
Shared ownership of residential premises is a method of owning real estate that involves “dividing” an apartment between citizens into several parts.
The number of owners is not limited; everyone's interests are protected equally; It is impossible to deprive a person of the right to a house without legal grounds. Can an apartment owner lose his share? Yes.
Options for depriving the owner of a share in an apartment?
- Consent of a participant in shared ownership to renounce living space. The parties negotiate all the terms of the transaction, prepare a package of necessary documents and, after completing the registration steps, receive the papers.
- Deprivation of property rights based on a court decision. Let's say there are large debts on rent or debt to bailiffs (the owner of the apartment has been deprived of parental rights, he has obligations to pay child support, which he does not fulfill).
- The redemption of an insignificant share is forced. This is a last resort measure used if the owner refuses to sell it voluntarily.
How to force a share buyout?
It is possible to deprive the owner of a share in an apartment or house through forced redemption, subject to the following conditions:
- part of the apartment is insignificant;
- cannot be isolated in nature;
- does not affect the general right to use the house.
The legislator does not specify which share is considered insignificant; the courts, when considering a case, must themselves determine this size. Practice proceeds from the fact that it should be less than the established limit per person (this indicator is determined by the constituent entity of the Russian Federation independently).
When making a decision, judges are guided not only by the area of the room, but also by the following factors:
- ownership of the apartment was obtained as a result of a transaction that did not imply the citizen’s abandonment of the house (inheritance);
- the owner of the apartment acquired his share knowing that there were other owners, further coexistence with whom was not possible for him.
In order to buy out a share, you need to know the market value of the property. Therefore, when going to court, it is better to have the results of the apartment assessment in hand and offer reasonable monetary compensation to the defendant.
How to deprive the right to an entire apartment?
In a privatized apartment, the owner can be deprived of rights only on the basis of the provisions of Art. 235 of the Civil Code of the Russian Federation, namely:
- the house is under mortgage;
- collection of property due to debts;
- relinquishment of ownership;
- destruction of real estate.
A citizen cannot be forcibly evicted if he does not have alternative living space. In the case of a mortgage, this rule does not apply. Since the home is pledged and if there is systematic debt and compliance with the conditions specified in the loan agreement, eviction is carried out in accordance with the procedure established by law.
As for obligations to the bank, it is necessary to negotiate and make a decision on debt restructuring and shifting the frequency of payments for a certain period. As a rule, credit institutions meet borrowers halfway and draw up a new payment schedule.
When abandoning property, citizens should be careful when signing documents. For example, we are talking about relocating residents of dilapidated and dilapidated houses into new buildings.
Some construction organizations enter into a social rental agreement with them. In fact, the person is left without an apartment, since it is impossible to return, and the new property does not belong to the right of ownership.
If there is a debt for utility services, the house management company has the right to file a lawsuit for forced collection of funds or eviction. In this case, you can also ask for a deferment of payment by providing evidence of objective insolvency.
What is important for the court when considering a case?
In order for the apartment owner to lose his share by court decision, it is necessary to collect evidence that there are grounds for this.
When issuing an act, the court will pay attention to the following points:
- Apartment area. Is there a room or other premises in the property that is approximately equal in size to the part being forcibly purchased? If it does not exist, then termination of ownership is virtually impossible. For example, in an apartment with 1 room.
- Circumstances of acquisition of ownership. If the property was acquired under a purchase and sale agreement and the remaining persons gave their consent to the new tenant moving in, then the court will refuse to deprive the owner of the apartment. When it comes to inheritance, donation, that is, a situation where the new owner was in bondage, then if there is objective evidence, deprivation of ownership of part of the property is quite possible.
- Availability of other living space. The court will deprive a person of a share in an apartment if he has a place to live. This may be a house in another region. The main thing is that the room is suitable for habitation.
All evidence is assessed in its entirety. Witness testimony will not have priority over documents.
The question of whether it is possible to deprive the owner of an apartment or a share in it should be answered positively if there are grounds specified in the law.
However, a homeowner who wants to evict a neighbor must understand that this is a long process and fraught with difficulties in paperwork. Seeking help from professionals will be useful and will save time and money.
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