How to exchange a municipal apartment between relatives in 2022

The exchange of a privatized apartment through the court or municipal housing is a problem of problems. A lot of people want to change their apartment, and there can be a variety of reasons for this. For example, the couple decided to divorce, the child has grown up and wants to live separately, etc. What is important to know and how to win such disputes on housing issues? When does a forced exchange of living quarters occur?

ATTENTION: You can’t figure this out without consulting a lawyer on housing issues.

Procedure

In most cases, owners agree to exchange an apartment voluntarily. If one of them does not agree, then you need to go to court.

The procedure for exchanging an apartment through the court:

municipal and privatized apartments are subject to exchange;
an application is drawn up listing the reasons for the exchange;
necessary documents are collected;
if the exchange is carried out due to indecent behavior of one of the residents, evidence must be provided;
At the court hearing, the judge listens to the plaintiff and defendant and makes a decision.

If one of the parties does not give its consent to resolve the problem through the courts, then the living space can be sold or rented out.

Barter agreement

Barter is an action that involves exchanging a privatized apartment for a privatized one, both without additional payment and with a possible additional payment by one of the parties, depending on the terms of the agreement.

One way or another, barter allows you to deal with the housing situation much faster and achieve the desired result.

As you know, a barter agreement, like any other agreement, has its own nuances, which will also need to be discussed separately.

Here you can download the most popular samples:

Standard barter agreement;
Agreement for the exchange of equivalent apartments;
Contract for the exchange of residential buildings with additional payment.

Read more about drawing up an exchange agreement here.

Required documents

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

List of documents for apartment exchange:

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

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

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

Sample statement of claim

RIA Real Estate

For homeowners, in order to move away from one living space, it is enough to profitably sell their existing property and buy two smaller apartments with the proceeds, with or without additional payment. For social housing tenants, this issue is much more difficult: from the extremely limited supply of municipal apartments, they need to find options for exchange that will suit all residents.

For homeowners to move away from one living space, it is enough to profitably sell their existing property and buy two smaller ones with the proceeds, with or without additional payment.

Forced exchange

Living together situations are different. Some live in peace and harmony, others cannot live even a day together. To avoid conflict situations, forced exchanges are carried out.

Causes:

inappropriate behavior of one of the apartment owners. For example: drunken parties, scattered garbage, etc.;
they cannot reach an agreement during a divorce;
scandals in the family.

Exchange without consent is impossible. If it is received, then one of the owners goes to court.

Procedure for forced exchange of an apartment through the court:

Step 1. Write an application and collect documents;
Step 2: Papers are filed with the district court;
Step 3: The judge sets a date and time for the hearing. All witnesses are heard and arguments are presented;
Step 4. The judge makes a binding decision.

Collecting the necessary evidence and legal papers is a guarantee of a quick resolution of the dispute in court.

Documents for forced exchange of an apartment through the court:

a copy of the landlord's written permission to exchange;
a copy of the certificate of right to use living space;
certificate of family composition;
a copy of the divorce certificate;
statement;
check for payment of state duty.

The list of documents for the court is supplemented by an extract from personal accounts and a housing plan.

When divorcing with a minor child

Divorce is not a difficult process if the couple does not have children. If they exist, the law takes their side in divorce and division of property. It is not possible for parents to leave a child without housing. The one with whom the minor remains has the right to demand a larger share of the occupied living space.

A simple option for dividing common living space is for the child to have a share before the divorce. The minor's share is added to the share of the parent with whom he remains. The remainder belongs to the second parent.

If, during a divorce, parents want to sell a home in which a minor child has a share, they will not be able to do this. Only when replacing one home with another with the same square meters can the home be sold.

The court protects the rights of a minor child during parental divorce and provides him with favorable conditions for further residence.

What to do with registered residents?

The legislation of the Russian Federation does not prohibit the owner from exchanging living space with the residents registered in it. Their consent is not required for this. When purchasing housing, the new owner receives it along with the registered residents. It is impossible to evict a minor without the consent of the guardianship authorities.

How to discharge a person from an apartment if he does not live there?

Step 1. Write a statement of claim. The reasons for eviction are indicated, evidence is provided that the person has not lived in the living space for a long time and does not pay utilities;
Step 2. File it in the district court;
Step 3: A hearing is scheduled. The failure of the defendant to appear allows the plaintiff to win the case;
Step 4. The court makes a decision.

To get answers to individual questions, you can contact our lawyer on the website. He will look at the situation and tell you how to act.

Sample statement of claim

Refusal

When does the court refuse to force the exchange of a municipal apartment? Arbitrage practice:

the living space is controversial, unsafe or subject to demolition;
we are talking about moving a seriously ill person into a room in a communal apartment;
this social rental agreement is in court proceedings for amendment or termination;
one of the apartments was declared unsuitable for occupancy.

It becomes clear that this kind of dispute is a very difficult matter and does not always end in success .

Before starting any action, you should contact a law firm or lawyer's office for detailed advice, only after that you can start talking about filing an application with the court.

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Is it possible to exchange public housing?

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

Procedure:

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

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

Sample statement of claim

Legal advice for defrauded shareholders:

Details

Protecting the rights of shareholders in Novosibirsk

Checking the DDU Collection of penalties Court with the developer
Lawyers and advocates for the protection of the rights of shareholders. Litigation with the developer, termination of the contractual agreement, recovery of damages, fines and penalties from the developer.

Unfinished construction

Legal advice from a lawyer in case of construction delays

Termination of DDU

Termination of DDU through court, collection of money, losses, fines

Claim against the developer

How to properly file a claim against a developer, what can you demand?

Where to look for options?

How to properly exchange such living space? Where can I find suitable options? There are several ways to search for options.

If you are already fully committed to this procedure, we suggest that you familiarize yourself with the main methods of searching for a potential second party to the transaction.

If you want to save money and not pay for real estate services, you can try your luck in searching for options. Give appropriate advertisements about the search for an exchange option, look for relevant offers.

When you find offers for sale, offer the owners an exchange. In the absence of a ready-made database, much more time will be spent searching for the other side of the transaction, but money will be saved.

Contacting a real estate office is a guarantee of saving time and selecting several options.

Realtors need to pay a fee for their services, as a rule, this is a fixed fee or a percentage of the transaction. But considering that options are selected in a matter of days, this is not such a big expense.

It’s good if the desire to implement the plan is joint. But what to do if one of the owners takes a negative position, and the mutual search for compromises comes to naught?

Where to start designing?

The main reasons for exchanging municipal real estate:

Consent of the actual owner of the property - a government agency.
Approval from all residents of the said property.
If such an apartment is inhabited by minors and incompetent citizens, the approval of the guardianship and trusteeship authority is required.
Availability of the necessary documentation confirming the absence of debts for utilities, as well as papers confirming the right of residence.
If there is no social tenancy agreement or warrant for the apartment, it is necessary to register them in the relevant municipality.

The exchange of a municipal apartment with the presence of utility debts from housing and communal services is approximately possible.

But to carry out the procedure, it is necessary to obtain the consent of the actual owner - the government body.

In this case, the presence of debt may serve as grounds for refusal.

According to Art. 73 of the Housing Code of the Russian Federation the following municipal housing is not subject to exchange:

One of the real estate objects is in private household ownership on the basis of sole, shared or joint ownership.
The people living in the apartment do not have a social tenancy agreement or a property warrant.
The property has been seized or has legal claims from third parties.
A non-privatized apartment is not suitable for living in and is included in the list of property subject to demolition as dilapidated or emergency housing.
The residential premises are in need of major repairs with the need to evict the residents.

At the same time, according to Art. 51 p.

4 of the Housing Code of the Russian Federation (Housing Code of Russia), if there are chronic violations in a person’s life system, the municipal body is obliged to provide members of his family with another property or evict the patient, including for compulsory treatment in a specialized institution.

In case of violation of the rights of a minor child, the barter agreement will be declared invalid, and the penalty from the perpetrators will be determined in court.

A non-privatized apartment can only be exchanged for similar municipal or state housing.

Then the exchange can be made in relation to several real estate objects.

In the case of a seriously ill or infected citizen, the procedure for acquiring several residential premises becomes the only acceptable and permitted by law.

Exchange properties must meet the minimum requirements that apply to residential properties.

At the same time, the building in which the purchased object is located should not be in disrepair and subject to demolition.

Exchange of non-privatized real estate: where to start the procedure, where to go and the subsequent procedure:

Agree on a possible exchange with the municipality, confirming the response with written permission.
Obtain approval from all co-owners of the property, including minors and incapacitated citizens. The consent of the residents is secured by the corresponding clause of the exchange agreement.
Obtain permission from the guardianship and trusteeship authority for children and incapacitated citizens. Approval is issued based on the examination performed.
In case of purchasing several apartments, coordinate the transfer of each object with potential successors.
Conclude an exchange agreement regulated by Art. 558 of the Civil Code of the Russian Federation and the Housing Code of the Russian Federation. Legal registration and support of the document is similar to the registration of a purchase and sale agreement.
Submit the completed sample for consideration to a subordinate government agency (state unitary enterprise, municipal unitary enterprise, federal state unitary enterprise or other unit). The processing time is from 1 to 3 months.
Obtain permission to exchange property and conclude a new social tenancy agreement or issue a warrant for an apartment (termination of old documents on the right of use is carried out automatically).

An exchange agreement covering non-privatized housing is not subject to mandatory registration with RosReestr.

Entry into the state real estate accounting database is made on the basis of a petition from the municipality.

When drawing up an exchange agreement, all citizens living in the specified housing who have reached the age of 14 must be present at the municipal authority.

List of documents

First, you need to notify all homeowners of your intention.

If the owners agree, it is necessary to obtain written consent from them.

Remove the encumbrance from the living space, that is, sign out the unauthorized occupants. Prepare your papers. After this, you can contact a real estate agency or independently begin searching for a buyer or person for the exchange.

Once you have found a suitable option and the owner also agrees to your property, you need to choose a method for completing the transaction and fill out the document. It is best to carry out this action in the presence of a notary with appropriate certification.

In addition, your transaction number must be entered by the notary into the appropriate register. This will allow you to protect yourself from a legal point of view from unauthorized actions on the part of your opponent.

Timing and cost

The standard time frame for processing such a transaction at the Federal State Register Service is seven working days. However, if we are talking about a transaction between two cities or even regions, or it is complicated by certain factors, the time can be extended to one month.

The service of registering property rights does not require payment of a state fee, but requires payment of the appropriate tax according to the details of the state budget. For citizens permanently residing in our country, the amount will be 13 percent, for foreigners – 20 percent.

The tax payment document must be provided along with other documents when submitting to the Federal Registration State Service.

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