The procedure for registering ownership of a share in an apartment.

home

›

Real estate transactions

›

Features of registration of ownership of a share in an apartment.

Most citizens strive to individually own real estate. However, shared ownership is still relevant. Often this type of ownership is a consequence of inheritance by several successors or division of jointly acquired property. Transactions involving real estate that are in shared ownership are considered complex.

Let's talk about how the process of registering ownership of a share in an apartment occurs and how you can sell or donate such an object.

When selling an apartment owned by one owner, there are practically no problems with paperwork. After all, you don’t need to ask anyone for permission to make a transaction.

In accordance with Art. 244 of the Civil Code of the Russian Federation, shared ownership is property that is owned by two or more persons with the size of each person’s share determined.

Shared ownership can be ideal and real:

ideal - the distribution of shares is not tied to a specific part of the residential premises;
real shared ownership implies the allocation of a specific part in the apartment to each co-owner.

The process of state registration of real estate is enshrined in Art. 42 Federal Law No. 218 dated July 13, 2015. In accordance with paragraph 2 of the article, registration of the distribution of shares is carried out exclusively upon the application of all owners. The application is written on the basis of a document that contains information on the detailed distribution of the size of the parts or on the basis of a judicial act.

Independent distribution of shares is allowed. The owners, by prior agreement, decide which part of the apartment will belong to each of them.

Apartment owners do not own the right to a specific part of the residential premises. Each participant can own and use that part that corresponds to the size of his share. The owner has the right to allocate in kind a share that is in common shared ownership.

What transactions with shares require a notary?

The registration of a shared ownership agreement for an apartment is carried out with the involvement of a notary.

On July 31, 2021, amendments were made to the Federal Law “On State Registration of Real Estate”. Now, if one of the owners wants to sell or donate his part, he is obliged to contact a notary.

When registering a transaction with a share in an apartment, the notary:

Prepares a purchase and sale agreement or deed of gift.
Checks the absence of encumbrances on a residential property.
Notifies co-owners of the upcoming transaction (if they refuse to receive notification from the initiator of the process).
Checks the capacity of the parties.
Facilitates registration of the agreement in Rosreestr.
Enters data into the notary register.

If the property is in joint ownership (that is, the shares in the apartment are not determined), it will not be possible to sell or donate your part until the owners transfer them to shared ownership. Need to:

Determine the method for establishing shares (by agreement or through the court).
Conclude an agreement on the division of property or obtain a court decision.
Prepare documents for registration.
Register ownership of a share in the apartment through the MFC or Rosreestr.

MFC employees do not have the right to refuse to accept papers if there are inaccuracies. The multifunctional center is an intermediary, so its employees can only point out errors and recommend ways to correct them. An authorized person can register the right.

Privatization and inheritance of an apartment

Privatization is the free registration of an apartment into private ownership, which was previously provided by the state under a social tenancy agreement.

In the process of inheriting privatized housing, it is necessary to take into account that privatized objects are the personal property of a citizen. That is, it is subject to the rules established for personal property. The spouse of the deceased cannot claim the spousal share.

Possible options:

The apartment was privatized by the testator alone. In this situation, he is the sole owner of the residential premises, even if he was married at the time of privatization. After his death, the apartment is fully included in the inheritance property.
The apartment was privatized by several owners. In this case, the inheritance includes only the share that belonged to the deceased.

In order for an apartment to become part of the inherited property, it is necessary for the testator to complete the privatization procedure and register ownership in Rosreestr. Otherwise, the heirs will have to deal with the re-registration themselves.

By will

To register the rights to the deceased’s apartment under a will, you must:

Contact any notary office in the country with the death certificate of the deceased to find out whether a will was drawn up.
Find out where exactly it is stored.
Visit the notary's office where the will is kept.

The right to register an apartment as an inheritance is given to the persons specified in the will. The testator can assign the premises to relatives, friends, strangers, legal entities or the state.

Without a will

If the deceased owner has not executed a will, then the property of the deceased passes according to law. In this case, only relatives of the testator can claim the apartment.

The Civil Code establishes 7 lines of heirs. Each successive successor can claim the property only in the absence or refusal of all heirs of the previous order.

First of all, the official spouse of the deceased, children, parents, and adoptive parents are included. If the testator had dependents at the time of death (supported relatives, wards, disabled cohabitant), then they can claim a share in the property on an equal basis with other recipients.

According to the law, the apartment is divided between recipients in equal shares. That is, if there are five heirs, then each of them has the right to 1/5 share.

Necessary documents, registration procedure.

Registration of property is carried out on the basis of title papers:

contract of sale;
deed of gift;
certificate of inheritance;
the court's decision.

You can register ownership of a share in an apartment through Rosreestr or at the MFC at your place of residence. Required:

Passport (if the citizen is under 14 years old - birth certificate).
Title document.
Receipt for payment of state duty.
Statement of the established form.

This is the standard package. Depending on the transaction, additional information may be required.

Limitation of the rights of heirs to a privatized apartment

Inheriting a privatized apartment has its own characteristics. In accordance with the law, the rights of heirs may be limited on the following grounds:

the right of a citizen who has formalized a refusal to privatize;
the right to an obligatory share in the inheritance;
the right of the testator to establish a testamentary refusal.

Let's take a closer look.

Refusal from privatization

When privatization is completed, every citizen registered in it at the time of submitting documents to the district administration receives the right to a share in the apartment. The following citizens are excluded:

who used the right to privatization as an adult;
who voluntarily renounced the right to privatization.

Persons of the first category do not receive the right to an apartment, since they used their opportunity earlier. And citizens who issued a refusal, although they had the right to a share, receive a lifelong right to live in an apartment.

Moreover, the right is retained even if the owner changes. That is, if an apartment is inherited, then the successor receives a room with a permanent tenant, who cannot be evicted.

Mandatory share

Another limitation is the right to a mandatory share. If there is a will, disabled and minor dependents of the deceased have the right to ½ share of the property due by law.

The testator is obliged to protect their interests in the will. If he has not done this, then the obligatory heir may apply to the court to allocate the obligatory share from the inheritance.

Mandatory heirs include:

children under 18 years of age;
children (disabled or pensioners);
parents and adoptive parents (disabled or pensioners);
citizens who were supported by the deceased for more than 1 year, lived together with him and ran a common household.

Example. Ilya privatized the apartment. A year later he got married. And after the death of his sister, he took custody of his 3-year-old niece. When Ilya died, his niece was 10 years old. The man left a will in which he planned to give everything to his mother. Thus, the niece, as a compulsory heir, received the right to a 1/6 share in the apartment. The rest went to the mother. Ilya's wife was deprived of her inheritance.

Testamentary refusal

The testator can independently set restrictions for heirs. To do this, it is necessary to formalize a testamentary refusal. This is a property condition that the heir must fulfill or he loses his rights to inheritance.

In relation to a privatized apartment, a popular restriction is the granting of the right of lifelong or temporary residence to a person established by the testator.

Example. Valentina drew up a will in which she transferred her apartment to her son. But she established a will in favor of her disabled daughter. To obtain ownership of the apartment, the son had to give his sister the right to live in his mother’s apartment for life.

Inheritance of an apartment in joint ownership of spouses

Inheritance of a non-privatized apartment

Registration of shared ownership during purchase and sale.

Legislation primarily protects the interests of co-owners. Therefore, the process of selling a share in an apartment has its own specifics.

The first thing you need to do is offer to sell your share to one of the owners. A template for a notice of sale of a share in an apartment can be downloaded on the Internet. To take into account all the legal subtleties, it is better to involve a lawyer.

An offer to sell can be conveyed in several ways:

Personally for signature.
By telegram.
By registered mail with notification.

Within a month from the date of receipt of the notification, the co-owner must provide a written response. Failure to respond to an offer or putting forward additional conditions on the part of the opponent is regarded as a waiver of the primary right to purchase. Only when this condition has been met can you begin to search for a buyer.

Almost always, registration of the purchase and sale of a share in an apartment is carried out through a notary. The exception is cases when all owners simultaneously sell shares under one agreement. However, even in this situation, many require notarization of the consent of the parties. The costs associated with hiring a notary in this situation fall on the shoulders of the buyer.

If one of the owners of the residential premises is a minor child, the transaction cannot be formalized in simple written form. It will not be possible to register such an agreement in Rosreestr without the participation of a notary. In addition, the sale of part of the real estate that belongs to a minor is carried out with the permission of the guardianship and trusteeship authority.

From February 1, 2021, the notary sends certified papers for state registration. The parties have the right to refuse this service. You can apply for state registration through government departments. Many people are interested in the cost of registering the purchase and sale of a share in an apartment through the MFC. The documentation submission procedure itself is free. All that is required from the applicant is to pay the state fee (its amount is 2000 rubles).

Buying with a mortgage.

You can take out a mortgage not only to purchase an apartment or house. The purchase of a room in a communal apartment or a allocated share can be carried out using borrowed funds.

Not all banks agree to lend to a client who is planning to buy a share in real estate. If the borrower already owns ⅔ parts of the apartment and wants to purchase the last part, there are practically no problems with issuing a mortgage. If we are talking about a room that is jointly owned by several citizens, the likelihood of refusal increases several times.

A common reason for refusal to apply for a mortgage is the inability to realize the collateral in the event of force majeure circumstances. In addition, banks refuse to issue loans to clients due to the dilapidated condition of a residential building or due to doubts about the legal purity of the transaction.

Legal blog

05/02/17, Deineka E.R., Chief lawyer of LLC “AN “TRIUMPHAL ARCH”

Real estate lawyers often have to deal with documents for real estate that actually represent part of a residential building and an adjacent land plot, and according to the documents are registered as:

1) apartment and separate land plot;

2) share of a residential building and a separate land plot;

3) share of a residential building and share of a land plot;

4) part of a residential building and a separate plot of land;

5) part of a residential building and a share of land.

Lawyers understand perfectly well what issues arise when preparing transactions for the sale of such objects, including the issue of application of certain rules of law.

Thus, when the owner sold real estate properties registered as part of a house and ½ share of a land plot, the question previously arose about the relationship between the norms of the Land Code and the Civil Code. Thus, in accordance with clause 4 of Article 35 of the Land Code of the Russian Federation, the alienation of a building or structure located on a land plot and belonging to one person is carried out together with the land plot. Whereas, in accordance with clause 1 of Article 250 of the Civil Code of the Russian Federation, when selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have a preemptive right to purchase the share being sold at the price for which it is sold. That is, based on the above norms, in order to sell the plot it was necessary to make an offer to sell to another co-owner of the land. But the share of the land plot was sold together with part of the residential building, which was an independent object of ownership.

Considering that in accordance with paragraphs 1, 2 of Art. 552 of the Civil Code of the Russian Federation, under an agreement for the sale of a building, structure or other real estate to the buyer, simultaneously with the transfer of ownership of such real estate, the rights to that part of the land plot that is occupied by this real estate and necessary for its use are transferred, it can be assumed that if the subject of sale and purchase is directly part of the building, then the shared owner of the plot will not have a pre-emptive right to purchase part of the building, since the main subject of sale - part of the building is not shared ownership, and the transfer of the share in the right to the land plot is carried out by virtue of the requirements of the law.

However, it is unlikely that Rosreestr would not have sought the consent of the co-owner, so the owner in this situation decided to alienate these objects by selling part of the house and donating a share of the land plot.

Currently, legislators have corrected this conflict by making appropriate amendments to the Civil Code of the Russian Federation. Federal Law No. 171 of June 23, 2014, paragraph 1 of Article 250 of the Civil Code of the Russian Federation, added a second exception, when there is no need to contact the co-owner. In addition to public auctions, this is the sale of a share in the right of common ownership of a land plot by the owner of a part of a building or structure located on such a land plot or by the owner of premises in the specified building or structure. These changes came into force on 01/01/2017.

If part of a residential building is designed as an apartment,

Owners have difficulties with land registration. Let us consider this case using the example of one court decision.

Ms. S. filed a lawsuit against the City Administration. Khimki on declaring illegal the refusal to provide a land plot under a purchase and sale agreement, and the obligation to conclude a land purchase and sale agreement. In support of her claims, she indicated that she is the owner of a three-room apartment located in a house located on this plot of land.

In resolving the dispute, the court of first instance took into account that the residential building in which the plaintiff's apartment by right of ownership is located is an apartment building and not an individual residential building, and came to the conclusion that the claim was rejected. By the appeal ruling of the Moscow Regional Court dated March 29, 2021 in case No. 33-5158/2017, the decision of the Khimki City Court of the Moscow Region dated September 29, 2016 was left unchanged.

In practice, there is an opinion that in such cases, apartment owners need to prove in courts that the residential building does not meet the characteristics of an apartment building, and the residential premises belonging to them (indicated in the technical documentation and title documents as apartments) are in accordance with Art. 16 Housing Code of the Russian Federation parts of a residential building.

However, the difficulty is that having defined the concepts of “residential building”, “apartment” and “room”, the Housing Code of the Russian Federation is silent about what should be understood as part of a residential building (Clause 1, Part 1, Article 16) and part of an apartment (clause 2, part 1, article 16 of the Housing Code).

Apartment

recognized as a structurally separate room in an apartment building, providing direct access to common areas in such a house and consisting of one or more rooms, as well as premises for auxiliary use, intended to satisfy citizens' household and other needs related to their residence in such a separate room (Article 16 of the RF Housing Code).

A key element of this definition is that the apartment provides direct access to the common areas of the apartment building.

Apartment building

a combination of two or more apartments that have independent access either to a land plot adjacent to a residential building or to common areas in such a building is recognized. An apartment building contains elements of common property of the owners of premises in such a building in accordance with housing legislation. (Resolution of the Government of the Russian Federation of January 28, 2006 No. 47 “On approval of the provision on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction”).

In accordance with clause 1 of Article 36 of the Housing Code of the Russian Federation, the owners of premises in an apartment building own, by the right of common shared ownership, the common property in the apartment building, including the land plot on which the house is located. That is, within the meaning of this norm, the owner of the apartment cannot become the owner of the plot of land under the house in which the apartment is located.

Rosreestr has also repeatedly expressed its opinion on this issue. Thus, according to Rosreestr, “registration of residential premises (including apartments) in an individual residential building for state cadastral registration and their subsequent introduction into civil circulation as independent objects of civil rights, in our opinion, contradicts the current legislation” (letter from Rosreestr August 11, 2021 N 14-06792/16).

“In our opinion, residential and non-residential premises in an individual residential building should not be registered with the state cadastral register as independent real estate objects (by analogy with apartments in an apartment building, rooms in communal apartments), except if such premises are a collection premises that form part of a residential building, meeting the characteristics of a residential premises (house) as an independent real estate object, including a block in a residential building of a blocked development. (Letter> Rosreestr dated August 26, 2016 N 14-07394/16)

Let's consider another example from judicial practice

Thus, Petrishcheva G.V., being the owner of an apartment in a three-apartment residential building and 45/100 shares of a land plot, filed a lawsuit against the administration of the Pervomaisky district of the Tambov region to recognize her apartment as part of a residential building with the aim of further acquiring ownership of part of the adjacent building land plot. Satisfying the claim of Petrishcheva G.V. and recognizing the apartment belonging to her as part of the house, the court of first instance proceeded from the fact that in accordance with the evidence presented, including technical documentation for the residential building, the apartment belonging to the plaintiff is structurally separate from the rest of the house as a residential premises, since it has no common with other apartments, internal premises, communications and engineering networks, has a separate entrance.

By ruling of the Supreme Court of the Russian Federation dated May 19, 2015 No. 13-KG15-2, the decision of the Pervomaisky District Court of the Tambov Region dated April 8, 2014 and the appeal ruling of the judicial panel for civil cases of the Tambov Regional Court dated July 2, 2014 were canceled, the case was accepted a new decision, which satisfied the claims of Petrishcheva G.V. The administration of the Pervomaisky district of the Tambov region refused to recognize the apartment as part of the house. The case was considered based on a cassation appeal from the owner of another apartment in the same building.

According to the conclusion of the judicial panel, “the main criterion for classifying a residential building as an apartment building is a collection of several apartments that have independent access to an adjacent land plot or to common premises, as well as the presence of elements of common property. At the same time, the presence of a separate entrance and capital partitions are not criteria for classifying a residential premises as a residential building or part of it. A qualifying feature of a residential building is the presence of rooms (not apartments) in it. The plaintiff’s reference to a violation of her rights in terms of acquiring ownership of a land plot adjacent to the house has no legal significance, since in accordance with paragraph 4 of part 1 of Article 36 of the Housing Code of the Russian Federation, the land plot on which the apartment building is located belongs to the common property of the house, owned by the right of common shared ownership to the owners of the premises in this house.

Thus, the owner of an “apartment” or a “share in a residential building” does not have the opportunity to register ownership of the land plot on which the residential building is located. The owner of a “part of a residential building” may become the owner of a separate plot of land occupied by part of a residential building.

How to draw up a share donation agreement.

Before you begin the procedure for registering a deed of gift, you need to prepare:

Legal documents.
Extract from the Unified State Register of Real Estate.
Certificate of family composition or extract from the house register.
Technical passport for the facility, floor plan and explication.
Passports of the donor and recipient.

If the transaction occurs between relatives, the donor must provide papers that confirm the degree of relationship.

Sometimes a notary may require a certificate from a psychoneurological dispensary. In order to confirm or deny the legal capacity of the parties.

Registration of a deed of gift for an apartment in shared ownership almost always goes through a notary.

Gift deed for a relative or child.

Drawing up an agreement to donate a share in an apartment to a relative or child has its own characteristics. Firstly, the degree of relationship affects the tax rate. If the transaction occurs between loved ones, there is no need to pay tax.

The legislation does not contain prohibitions regarding transactions with real estate that are transferred to minor children. There are only minor restrictions.

A person under 14 years of age is considered partially capable. Such a child cannot sign legal documents on his own behalf, so his parents or legal guardians act on his behalf. After a minor turns 14 years old, with the written consent of his parents, he can take part in the transaction process.

If all owners decide to transfer property rights to their shares to one person (a close relative or child), a gift agreement can be drawn up without involving a notary. And in simple written form.

In this case, documents for registering a share in an apartment for a child are submitted to the MFC or Rosreestr. The transfer of ownership will occur after their registration in Rosreestr.

An agreement for donating a share in an apartment to a child may be declared invalid if it contains the following conditions:

The donor allows the opportunity to withdraw his gift at any time.
The deed of gift contains requirements for the provision of services.
The object becomes the property of the child after the death of the donor.

The child has the right to refuse the gift and not sign the documents. In such a situation, the transaction will be considered imperfect and will not have legal force.

Features of donation to a non-relative person.

The owner of a part of the apartment has the right to independently dispose of his property. This means that he can give his share to anyone, including a stranger who is not related to him. Art. 575 of the Civil Code of the Russian Federation prohibits donating real estate or parts thereof to employees of educational organizations and persons holding public positions.

Due to the fact that the deed of gift belongs to the category of gratuitous transactions, it is not necessary to notify the other owners of your intentions. This rule does not affect the notarization procedure. If the remaining owners of shares in the apartment do not participate in signing the document, the gift agreement to a non-relative person must be certified by a notary.

The participation of a notary always requires additional costs from the participants in the process. In addition, donating real estate to a non-relative person implies mandatory payment of duties and taxes. If the recipient is unable to pay obligatory expenses, he has the right to refuse the gift.

Without paying the state duty, the transaction will not be registered in Rosreestr.

The papers that are provided for the deed of gift are standard. Sometimes the principal will have to provide additional information.

The procedure for inheriting a privatized apartment

The procedure for inheriting a privatized apartment can take place in 2 ways:

Actually. To do this, the heir must move into the apartment, pay for utilities, and carry out repairs. In this case, he does not have title documents for the housing, so he cannot sell or rent it out, but can use it for his residence. In order to subsequently re-register the property in his own name, the heir will have to contact a notary.
Through a notary. The best way to enter into an inheritance is to contact a notary office at the place of residence of the deceased. In this case, the heir will receive a certificate of inheritance rights, which will allow him to re-register the apartment in his name in Rosreestr. The disadvantage of this option is the significant costs that the heir will have to bear.

The procedure for inheriting a privatized apartment does not differ depending on the basis of inheritance. Therefore, heirs by law and will must act in the same way.

Algorithm of actions:

Contact a notary office.
Submit an application and documents.
Pay the fee.
Obtain a certificate of inheritance rights.
Re-register the apartment as your own.

Let's look at each stage in more detail.

Where to contact?

An application for acceptance of inheritance is submitted to a notary office:

According to the last place of registration of the deceased. If there are several notaries in the city where the deceased lived, then you can specify a specific specialist based on the first letter of the deceased’s surname.
If the testator did not have permanent registration at the time of death, then the application is submitted to the notary at the location of the privatized apartment.

What documents to collect?

When contacting a notary, you must prepare:

civil passport of the heir;
death certificate;
certificate of last place of registration;
will or documents on family relationships;
privatization act;
extract from the Unified State Register of Real Estate;
receipt of payment of state duty.

In addition, the heirs need to prepare an application for acceptance of the inheritance. The form of this document can also be prepared by a notary, but in this case you will have to pay for legal and technical services for preparing the document.

The application for acceptance of inheritance includes:

name of the notary office;
applicant details;
document's name;
information about the death of the deceased owner;
information about his privatized apartment;
grounds for inheritance (will or family relationship);
list of other heirs (if any);
date and signature.

Sample application

What deadlines are given for registration?

The following deadlines are established for heirs to assume rights:

According to the will – 6 months before the date of death of the deceased.
1st stage - 6 months from the date of refusal of the heirs under the will, and if there was no will, then from the date of death of the testator.
2nd and subsequent stages - within 3 months from the date of written refusal or from the date of expiration for the heirs of the 1st stage.
By right of representation - together with the heirs of the succession to which their parents belonged.

If the successor missed the deadline for a good reason, then he has the right to restore it by agreement with other heirs or in court.

What expenses will be required?

When registering a privatized apartment as an inheritance, there are the following nuances when paying the state fee:

If the heir was registered in the apartment of the deceased, then he is exempt from state duty.
If the legal successor was not registered with the deceased, but is his official spouse, parent, adoptive parent or child, then he pays a fee of 0.3% of the cost of housing. The limit amount is 100,000 rubles.
Other heirs pay 0.6% of the cost of the apartment. The maximum duty is RUB 1,000,000.

The cadastral value of the apartment is taken as the basis for calculating the state duty. You can obtain a certificate of cadastral value through the MFC or on the Rosreestr website.

Additionally, the notary sets a tariff for payment of legal and technical services.

For re-registration of property in Rosreestr after inheritance, the heirs will have to pay another 2,000 rubles.

Additionally, it is necessary to mention the payment of property taxes. From the moment of death of the testator, the tax is accrued in the name of the heir who has assumed the rights.

How to re-register inherited housing?

The final stage of inheritance is the re-registration of the apartment in Rosreestr. On the one hand, the successor is already the legal owner after receiving a certificate of inheritance rights. On the other hand, the transfer of rights must be registered with Rosreestr.

Although the law does not provide for liability if the heir does not apply to Rosreestr, the legal successor will not be able to sell or rent out the property.

To apply to Rosreestr you will need:

passport;
certificate of inheritance rights;
death certificate;
privatization act;
extract from the house register.

A receipt for payment of the state fee is not required. But the heir must pay the fee before filing the documents. Otherwise, the documents will be returned without consideration.

Re-registration takes 5 – 7 days. Specialists make changes to the Unified State Register and issue an extract to the new owner.

Rules for privatization after the death of the owner

There are cases when the testator dies before completing the privatization procedure. Since the ownership right is not properly registered, the apartment cannot be included in the inheritance.

To correct this, the heirs must go to court. The law provides for the possibility of including housing in the inheritance in the following cases:

privatization was completed, but the testator did not have time to register ownership in Rosreestr;
documents for privatization have been submitted to the administration, but a response has not yet been received.

The district administration will be the defendant in the process. The judge will satisfy the claim if no violations are identified during the registration process:

housing is not in emergency condition;
the testator has not previously participated in privatization as an adult;
housing can be privatized.

Even if the documents were not completely collected by the testator, the court will satisfy the applicants’ demands, since from the submitted application it can be concluded that he wanted to privatize the apartment.

In the statement of claim, the plaintiff can immediately indicate a requirement for recognition of ownership of the apartment in court. Based on the court decision, it will be possible to register property rights in Rosreestr and no longer contact a notary.

If the deceased was just planning to contact the administration to formalize privatization, the court will refuse to satisfy the claim.

Legal services in St. Petersburg, Moscow for registration of shared ownership.

Not all citizens of our country have a thorough knowledge of the laws. Therefore, it is better to conduct transactions on real estate that is in shared ownership with the assistance of a lawyer.

Specialized lawyer:

Conducts a detailed legal analysis of the client’s situation.
Provides advice on the intricacies of the transaction processing procedure.
Will select a solution for the division of shared property.
Will assist in collecting documentation.

In addition, the lawyer will analyze the documentation that the client has in his hands and help protect his interests in court.

How is a privatized apartment divided by inheritance after the death of the owner?

The procedure for entering into inheritance varies depending on the relationship between the heir and the deceased owner. Let's take a closer look.

After the death of parents (father, mother)

Only the official children of the deceased have the right to inherit from their parents. That is, paternity and maternity must be registered in the registry office.

After the death of the father or mother, the inheritance is divided as follows:

According to the will. If a child is included in the will, then he receives the share specified in the will. If not included, then an able-bodied adult child is disinherited, and a minor or disabled child may claim a compulsory share in the deceased parent's property.
In law. Natural and adopted children are first-degree heirs. Therefore, the privatized apartment is divided between the children, the official spouse of the deceased, his parents and dependents who contacted the notary in equal shares. If the child is the only one who applied to the notary, then he receives the property in full.

After the death of a husband, spouse

When inheriting a privatized apartment, the wife does not have the right to allocate a marital share. Housing is included in the inheritance in full.

The wife receives the right to the husband's property:

According to the will. A wife can be an heir under a will if the husband indicated her in the will. A wife who is disabled or retired has the right to a mandatory share of the inheritance.
In law. Only the official husband has the right to the property of the deceased wife. If the marriage was dissolved in the registry office or the court decision on divorce entered into legal force, then the citizen receives the status of a former spouse and does not have the right to inherit by law as a first-priority heir.

After ex-spouse

After divorce, all mutual rights and obligations between the spouses cease. Therefore, the inheritance procedure differs from the previous one:

In law. The former spouse can be an heir only if he is recognized by the court as a dependent of the deceased. To do this, citizens must run a common household and live together for at least 1 year. In addition, the ex-spouse must be disabled and in need of financial assistance.
According to the will. The ex-spouse can make a will and include the ex-wife in it. In addition, if the will was drawn up during marriage and the citizen did not have time to rewrite it after the divorce, the former spouse retains the right to inheritance.

After grandmother's death

The grandmother is a close relative of the testator. Order of succession:

In law. The grandmother is the heir of the second stage. Therefore, it comes into force only in the absence or refusal of the inheritance of all legal successors of the first priority. The privatized apartment is divided in equal shares between all grandparents, brothers and sisters of the deceased.
According to the will. A citizen can make a will for his grandmother. In this case, she receives a share in accordance with her will. If the grandmother was recognized as a dependent of the deceased (she was under guardianship due to incapacity, alimony was collected), then she receives the right to a compulsory share.

Nuances

Due to inseparable housing improvements, you can not only ask for an increase in the share, another option would be monetary compensation for the invested funds. In this case, it will be necessary to initiate an assessment commission, the results of which will become the basis for compensation.

Privatization of an apartment by spouses is carried out into joint ownership and is subject to division after divorce, ½ part for each. If in court one of the spouses proves his investments in improving housing conditions from personal funds, then the shares can be divided in a different ratio . We wrote here about whether a privatized apartment is a jointly acquired property and how to allocate a share in it for spouses.

The court also takes into account the consent of the owners to an inseparable improvement by one of them.

However, proving agreement (disagreement) is problematic.

If at the time of privatization the rights of a citizen were violated, who subsequently received a smaller share or did not receive it at all, then it is better for him to file a claim to invalidate the privatization agreement. In court, it is necessary to prove violations committed during the privatization process.