Risks for the buyer when buying an apartment by inheritance

Last update: 09/30/2020

Question:

I am buying an apartment that was previously inherited by the Seller. What are the risks for me here, and how can I protect myself from them?

Answer:

Buying an apartment received by inheritance is one of the riskiest options for purchasing housing on the secondary market. But protection for the Buyer here, although not guaranteed, is still there. Let us explain in more detail.

Why is dealing with inheritance so risky? This problem is as old as time. They fought over a rich inheritance back in prehistoric times, and they still fight to this day. Even kings and princes did not disdain such showdowns, not to mention simpler people. Therefore, the risk of getting caught in these squabbles is always present for those who have their eyes on the inheritance. Even if it is a stranger – the Buyer. After all, if the court recognizes the right of the newly-minted heir, then the completed transaction for the purchase and sale of an apartment becomes invalid (for more information about invalid transactions, see the Glossary at the link).

Is it possible to return the deposit or advance payment for an apartment if the Buyer changes his mind about buying it - see the note at the link.

The law allows heirs to claim their rights even if they missed the deadline for accepting the inheritance (6 months). That is, if for a long time they did not appear at all and did not make themselves felt, and then suddenly emerged from oblivion with demands for recognition of their rights. It is this unexpected surprise that is the main risk of buying an inherited apartment . The newly-minted heir just needs to explain to the court that he did not know about the death of his beloved relative, or did not have the opportunity to declare his rights earlier.

The danger for the Buyer of such an apartment is aggravated by the fact that inheritance rights are based on family relationships , and these same relationships are not always directly reflected in the documents. In other words, the deceased testator may have more than a dozen relatives, but from the available documents only the closest ones are visible - the spouse and children. The rest can only be guessed at.

For example, how can an outsider find out that Uncle Vasya, who has passed into another world, has an aunt in Voronezh, a long-forgotten brother in a village near Kaluga, and a naughty nephew from Berdichev? Even experienced detectives, not to mention ordinary lawyers or realtors, are not always able to calculate this.

How to be? How do experienced realtors buy inherited apartments in practice? How to assess and reduce the risk of such a transaction?

What is better to buy - a resale or a new building? What is the main advantage of buying an apartment in a new building - see this article.

Here you need an understanding of the principles and procedure for inheriting real estate (apartment). The buyer is recommended to read a separate Glossary article about this (follow the link provided).

The main point is that only those apartments received as an inheritance are purchased, in which the probability of risk of challenging inheritance rights is quite low. What does it mean?

This means that the Buyer needs to understand who and under what circumstances , theoretically, can make their hereditary claims to the apartment in the future, including knowing the order of inheritance by law and the possibility of inheritance by will (see the link to the Glossary above). Then the circle of potential applicants for the inheritance may narrow significantly, and the risk of purchasing such an apartment may decrease.

How you can exchange your apartment for another - 3 ways. See the link.

Features of real estate inheritance

Inheritance of property is regulated by Chapter. 61-65 Civil Code of the Russian Federation. You can inherit real estate by law or by will. In the first case, there is a sequence of heirs:

1. First priority: children, parents, spouse of the testator (Article 1142 of the Civil Code of the Russian Federation).
2. Second: brothers, sisters (full and half-blood), grandmother, grandfather (Article 1143 of the Civil Code of the Russian Federation).
3. Third: aunts, uncles (Article 1144 of the Civil Code of the Russian Federation).

There are also successors in subsequent stages: great-grandmothers, great-grandfathers, children of nephews or cousins ​​(Article 1145 of the Civil Code of the Russian Federation).

The principle of distribution of heirs according to priority is very simple: the property is accepted by the first-order successors, it is distributed between them in equal shares. If there are none, the successors of the second, third or subsequent stages enter into the inheritance.

With a will everything is simpler. A person can indicate anyone in it, not necessarily a relative, and then the property will go to him. But there are people who are entitled to a mandatory share in the inheritance, even if a will is drawn up, and they do not appear in it (Article 1149 of the Civil Code of the Russian Federation). These include disabled or minor children, spouse or parents of the testator. They can receive at least half of the share that would be due to them by law.

This is where the danger lies: citizens who are entitled to a mandatory share can show up at any time.

There are other features of inheritance that need to be taken into account:

1. The testator has the right to impose a testamentary refusal on one or more legal successors (Article 1137 of the Civil Code of the Russian Federation). For example, write a will stipulating the right of another person to live in an apartment for life. The heir will become the owner, but he will be obliged to provide living space for the use of another person, and he will have to live with him. In the future, real estate can only be sold under the DCT with the right of lifelong residence, but some sellers are silent about this right.
2. The period for entering into inheritance is 6 months from the date of death of the testator, but can be extended if the heir proves that he did not know and could not know about the death of the testator, or there were good reasons for missing the specified period.
3. There may be several wills, but the last one has legal force.

Note! Both individuals and legal entities can be called upon to inherit (Article 1116 of the Civil Code of the Russian Federation).

Risks under a will

Special mention should be made of the troubles that threaten the buyer of an apartment inherited by will.

Some people are confident (mainly due to the assurances of unscrupulous or insufficiently knowledgeable sellers in inheritance matters) that a will provides high guarantees to the purchaser of inherited property. On the one hand, this is true. Some wills narrow the circle of possible successors, distribute the inheritance among designated persons, significantly reducing the time required to register property and eliminating the cause for inheritance disputes.

The act of last will of the previous owner of the property does not always contain clear instructions regarding the heirs and the amount of shares due to them. Sometimes its subject is only the exclusion of certain persons from the circle of legal successors or other orders that are not essential for the buyer. Thus, the presence of a will does not increase the reliability of the transaction, but, as practice shows, on the contrary, it gives additional reason to doubt the purchase of inherited real estate.

Risks of purchasing a bequeathed apartment:

1. Contestability of a will. An act of posthumous expression of will of a citizen may be declared invalid* in court at the initiative of any successor from the current line of inheritance by law.
2. Availability of additional orders of the testator. The most unpleasant thing for a new owner of a living space is a testamentary refusal. It is expressed in granting a certain person the right to reside in an inherited apartment for a certain period of time or for life. Moreover, this right is not canceled upon alienation of property, that is, the new owner may have an unwanted neighbor in the purchased housing.
3. The existence of legal holders of an obligatory share of inheritance. This category of successors cannot be deprived of inherited property even by will - they have the right to claim half of what they could have received by law in any case (unless they are declared unworthy heirs). These may be disabled father, mother, spouse, children and dependents of the testator who, for good reasons, were unable to timely declare their rights to the apartment.

* - a will is invalid if the testator at the time of its preparation:

• was deprived of legal capacity;
• was in a state of short-term loss of the sense of reality of what was happening (due to intoxication with chemicals, severe stress, affect);
• was under psychological and/or physical pressure.

Among the risks that are practically impossible for a potential buyer to analyze is the possibility of recognizing the heir as unworthy. Even a successor who was appointed by the testator himself may be deprived of his rights; according to the law, he does not have any advantages over the successor.

The grounds for declaring an heir unworthy may be as follows:

• incriminating him of illegal actions in relation to the testator, his expression of will, as well as other heirs in order to increase the inherited profit;
• failure to fulfill alimony obligations in relation to the now deceased (in cases established by law).

How do you enter into inheritance?

The short procedure for entering into inheritance looks like this:

1. The testator dies, certificates are issued.
2. The heir turns to the notary with an application for entry into the inheritance, a death certificate and documents confirming the relationship (in case of inheritance by law).
3. The notary accepts documents and, if necessary, requests additional information.
4. After six months, a certificate of inheritance is issued. With it, the assignee goes to Rosreestr and registers ownership of the apartment.

Six months are given just so that all the heirs have time to declare themselves. But this is not always the case, so buying an inherited apartment can be a risky proposition.

Title insurance when purchasing an apartment

Advance agreement for purchasing an apartment

Buying an apartment by inheritance: risks for the buyer

What are the risks when buying an apartment by inheritance:

1. The seller may not inform about the testamentary refusal, which is entrusted with granting the right of lifelong residence to another person in the apartment. The buyer will buy the property and will be its owner, but this person can show up at any time and live in the living space legally.
2. The seller may be recognized as an unworthy heir after the sale of the apartment.
3. People who are entitled to an obligatory share will appear.
4. Citizens who did not have time to enter into an inheritance may appear and file an application to restore the deadline.

Note: these risks are typical for real estate inherited less than three years before sale. Three years are indicated for a reason: this is the general limitation period, which begins to be calculated not from the moment of death of the testator, but from the moment when the plaintiff learned about his right to inheritance, provided that he had good reasons for missing the deadline, but they disappeared no more 6 months before going to court for restoration. Good reasons mean serious illness, illiteracy, helplessness and other factors related to the personality of the plaintiff. The maximum limitation period is 10 years from the date of death of the testator.

If more than three years have passed

If more than three years have passed since the registration of property rights on the basis of an inheritance certificate, the risks are reduced, but they still exist. It is unlikely that a person will appear who has the right to permanent residence in the apartment, but the sudden appearance of heirs who did not know about the inheritance is quite possible.

If the apartment was received by will

Before purchasing real estate, you need to clarify how it was received - by law or by will. In the latter case, there are also risks for the buyer. There may be other heirs who are entitled to a mandatory share. But here it all depends on how much time has passed since the registration of the seller’s property rights.

There are several other factors:

1. A will may be declared invalid if it can be proven that it was drawn up by an incompetent testator or under physical or psychological pressure.
2. It is possible for a stranger to live on the basis of a testamentary refusal, which is not always disclosed to buyers.

Lawyer's advice: when buying an inherited apartment or house, it is better to seek comprehensive support from a lawyer or realtor who can check the property for legal purity.

If the apartment was received through hereditary transmission

Inheritance transmission occurs if the successor dies after submitting documents for inheritance. Then the property passes to his heirs by law or will.

The risks here are the same as in other cases. The inheritance can be contested.

Statute of limitations when filing a lawsuit

The statute of limitations depends on the reasons for filing the claim:

1. Restoration of the deadlines for entering into inheritance - 6 months from the end of the reasons for their omission (Article 1155 of the Civil Code of the Russian Federation).
2. Challenging a will – 1 year from the moment when a citizen learned or could have learned about a violation of rights (Article 181 of the Civil Code of the Russian Federation).
3. Recognition of a will as void – 3 years from the date of death of the owner (Article 181 of the Civil Code of the Russian Federation).
4. The maximum statute of limitations is 10 years from the date of opening of the inheritance (Article 196 of the Civil Code of the Russian Federation).
5. Application for allocation of the spousal share – 3 years from the moment the spouse learned of the death of the husband/wife.

Fraudulent schemes

Some of the situations presented below are difficult to call fraud from a legal point of view, but they can add problems to buyers:

1. The seller hides the legatee - a person who has the right to live in the inherited apartment on a permanent basis.
2. An agreement between an heir and another person entitled to an obligatory share. Taking advantage of the buyer’s ignorance of the laws, they can act like this: the legal successor inherits the apartment and sells it. Next, another heir is announced, who is entitled to the obligatory share, and applies for the restoration of the terms. In their opinion, the buyer must pay compensation for the share, but the law states otherwise: it is compensated by the heir.
3. Cancellation of power of attorney. The heir issues a notarized power of attorney for another person, then immediately revokes it. An authorized person sells an apartment on behalf of the principal, who then presents everything as if he is a victim of deception.

The most dangerous thing is a deal with a black realtor. He can force a person to draw up a will on him using criminal methods, and then kill the testator and sell the apartment. If the legal heirs show up and challenge the will along with the transaction, the buyer will be in an extremely unfavorable position and will lose the property.

Schemes and tricks of apartment scammers

The Russian real estate market is replete with scammers. Almost every day new, increasingly sophisticated methods of deception appear. Moreover, it is possible to recognize the catch after months and even years.

As a result, the buyer is left without money and an apartment. Contacting the police does not always lead to a positive result, since attackers carefully prepare the crime. Therefore, if you have the slightest doubt, it is better to refuse the deal.

The advantageous location of the house and the price of the apartment should fade into the background. After all, in the end you can lose everything.

Basic tricks of scammers when selling:

• alienation from the tenant registered in the apartment;
• making a transaction by proxy;
• malicious agreement with one of the heirs;
• deception of the owner during his lifetime, with the aim of registering a will for the swindler.

These combinations are successfully used by attackers in practice. Achieving justice in court is difficult, and in some situations impossible. It makes sense to analyze each scheme in more detail.

Secret lodger

The gist in a nutshell is this. A person who has the right to lifelong use remains registered in the apartment being sold. There is a conspiracy between him and the seller.

After the purchase and sale agreement is concluded, the citizen refuses to vacate the premises. Such swindlers demand monetary compensation or the provision of other living space from the new owner, justifying this by the fact that they have nowhere to live.

When a new owner tries to evict a citizen by force, he goes to court. In the lawsuit, the fraudster asks that the transaction be declared invalid or seeks the right to reside in the apartment.

Yes, the court, when making a decision, will oblige the seller to return the money for the apartment. However, in practice, swindlers claim that they no longer exist, and at the stage of enforcement proceedings they seek gradual repayment of the debt. In turn, the collection process will last for decades.

Naturally, this is not beneficial for the buyer. According to the law, a person cannot be discharged from an apartment if he has a lifelong right to use it.

In order not to fall for the trick, before concluding the contract, you need to ask the heirs for a certificate of all persons registered in the apartment. If necessary, preliminarily set the condition that all persons who have the right to use the residential premises check out. Persuasion, wait, disagree.

Registration by power of attorney

There is a possible risk of collusion between the seller and the trustee. Here's what happens. The attacker uses a fake power of attorney under which the contract is concluded.

Then the owner appears and begins to say that he did not give anyone the authority to alienate. As a result, the agreement is declared invalid and the apartment is returned to the rightful owner.

A power of attorney for the sale of an apartment must be notarized; otherwise, the document is fictitious.

Claims can only be made against the “fake” seller. However, at that time his trace, naturally along with the money, was lost. Here is such a simple scheme.

Conspiracy of heirs

This option is mainly practiced with the participation of legal heirs. Most often they are children of the deceased from different marriages. Everything is quite simple.

One of the heirs turns to the notary with documents within 6 months, while the other temporarily remains in the shadows. Subsequently, the businessman files a claim to restore the period for entering into an inheritance and recognizing the right to part of the property. The statement is motivated by the fact that nothing was known about the death of the parent.

The result is a redistribution of inheritance. The consequence for the buyer is the loss of not only part of the home, but also the money paid.

Therefore, again, it is useful to find out how many relatives the deceased has left in the first line. This is easier for lawyers to do due to the powers they have.

Black realtors

Basically, swindlers “work” on wills, since it is possible to write any person into them, not necessarily a relative. Criminals are looking for their victims from among the elderly, disabled citizens, as well as people leading an antisocial lifestyle.

The first stage is gaining trust, in the form of symbolic financial assistance, providing care at the everyday level, and regular soldering of the property owner. Over time, the citizen is gently but persistently forced to write a will.

After its registration, criminals take measures to ensure death. Moreover, at first glance there may not be any signs of crime. The rest is a matter of technology - entering into an inheritance and selling the apartment.

The plans of the attackers are violated by the relatives of the deceased, who contact the prosecutor's office and, after initiating a criminal case, prove unlawful intent. Then, through the court, the will and the subsequent sale and purchase transaction are declared invalid.

How to check heirs when buying an apartment?

The problem is that there is no way to check the inherited apartment when purchasing. You can only track the history of the transfer of ownership and refuse the transaction if the property was inherited less than 10 years ago - the safest period after which it will not be possible to challenge the transaction.

Legal advice: to minimize risks, it is advisable to have the DCP certified by a notary. he will check the legality of the transaction, and if there are problems with the documents or other heirs, he will refuse notarization. This is a reason for the buyer to refuse the deal.

Fraud in the sale of apartments received by inheritance

The simplest thing you can expect from a fraudulent seller is a forgery of a will. Therefore, you should not be lazy to consult a notary about the authenticity of the presented document.

Also, scammers often slip potential buyers fake gift or sale agreements . A request to Rosreestr will help you understand these issues.

There is another “interesting” fraudulent scheme. A distant relative, neighbor, or even a “casual” acquaintance begins to show signs of attention and care to an elderly person with housing. Then the “caring comrade” is fraudulently given a general power of attorney. And when the old man dies, the apartment is immediately sold. And of course, scammers do not warn conscientious buyers that they will face problems with the heirs of the deceased owner.

There are still “black realtors”, transactions with whom do not promise anything good. So it is better to avoid buying an apartment if it is known that it was recently inherited.

When can a purchase or sale not be challenged?

The buyer will not have to return the money for the apartment or pay part of the share to a sudden heir if he proves that he is a bona fide purchaser. This means a purchaser who did not know and could not know about possible heirs or illegal acquisition of real estate by the seller.

In addition, there is paragraph 42 of the Resolution of the Plenum of the RF Armed Forces dated May 29, 2012 No. 9, which often plays a decisive role in legal proceedings:

“If, when accepting an inheritance after the expiration of the established period in compliance with the rules of Article 1155 of the Civil Code of the Russian Federation, the return of the inherited property in kind is impossible due to the absence of the corresponding property from the heir who accepted the inheritance in a timely manner, regardless of the reasons why it was impossible to return it in kind, the heir, who accepted the inheritance after the expiration of the established period has the right only to monetary compensation for his share in the inheritance (when accepting the inheritance after the expiration of the established period with the consent of other heirs - unless otherwise provided by a written agreement between the heirs). In this case, the actual value of the inherited property is assessed at the time of its acquisition, that is, on the day the inheritance is opened (Article 1105 of the Civil Code of the Russian Federation).”

In other words, after the sale of an inherited apartment to a suddenly appearing heir, the seller, not the buyer, will compensate his share.

Unpleasant situations in which the buyer may find himself

The buyer may find himself in a problematic situation that is difficult to resolve:

• The seller hides information about the citizen who has the right to reside in the inherited apartment.
• The heir, who is entitled to an obligatory share, missed the deadline established by law for entering into the inheritance. After selling the apartment, he submits an application to the court to restore the terms.
• Sale of an apartment by power of attorney, which was canceled by the principal.
• The apartment is being sold by a person who inherited the apartment illegally.

Whatever the situation, the new owner of the property must prove that he is a bona fide purchaser.

According to Art. 68.1 of Federal Law No. 218-FZ of July 13, 2015, a bona fide purchaser has the right to compensation in the amount of the cadastral value of the property or in the amount of damage caused.

Statement of claim for restoration of the period for accepting an inheritance (sample)

Should I buy an inherited apartment?

You can buy an apartment that was inherited, but after carefully weighing all the pros and cons of the transaction:

This is secondary housing, and it usually costs less than apartments in new buildings

If more than 10 years have passed since the seller accepted the inheritance, the risks for the buyer are reduced to zero

People are wary of buying inherited apartments, and sellers often reduce prices slightly

There is a possibility of challenging the transaction. The apartment and money will most likely not be taken away, but the courts will have to waste time and nerves

If the seller lowers the price too much, this is a reason to be wary: perhaps he wants to get rid of the property as quickly as possible to hide legal flaws

How to buy an apartment received as an inheritance and not lose the property

Let’s figure out what are the pros and cons of a transaction involving property that was inherited by the seller.

Ownership of the property is confirmed by a certificate from a notary - a title document. Consequently, there are fewer risks associated with the identity of the seller and the property.

The overwhelming majority of these are apartments inherited from grandparents, elderly parents, located in “Khrushchev” buildings or houses that are decades old.

Main positive points:

• housing is usually without repairs, which the heirs want to get rid of quickly by selling it at a relatively low price;
• objects are often located in good areas of the city and on the first floors of buildings, which is convenient for the location of an office or store;
• the new owner, using the remaining money, independently carries out repairs in the apartment, including redevelopment.

It often seems to inexperienced buyers that if the property was inherited by the seller on the basis of a notary certificate, then everything is legally clear. But, unfortunately, this is not always the case. Let's talk about the pitfalls that await potential owners.

How to protect yourself when buying an inherited apartment?

To minimize risks, it is important for the buyer to follow several rules:

1. Carefully study the documents and history of the transfer of ownership. Information can be requested from Rosreestr.
2. Indicate only the real cost in the DCP. The seller may ask to indicate a reduced price there in order to reduce the tax amount. But if the deal is challenged, the buyer will receive only what is specified in the contract.
3. Buy an apartment if it was inherited at least 7 years ago. The likelihood of heirs appearing remains, but at a low level. If 10 years have passed, they will not be able to challenge the deal.

Note! It is advisable to indicate in the DCT that all financial risks in the event of litigation when other heirs appear are borne by the seller. This is already defined by law, but it is better to reflect such a clause in the contract.

Contents of the purchase and sale agreement

The contract specifies:

1. information about the parties to the transaction;
2. information about the object:

• Name;
• address;
• specifications;

1. title documents;
2. price;
3. method and procedure for calculation;
4. rights, obligations, responsibilities of the parties;
5. date of;
6. signatures of participants.

In the DCP, indicate the full cost of the property being purchased.

Write in the contract:

• the seller's responsibility for all financial risks in the event of litigation when new heirs appear;
• obligations of the seller, in the event of seizure of an apartment from the buyer by court, to buy him another apartment of similar cost, area, area of ​​​​location.

Sample contract for the purchase and sale of an apartment by inheritance

It is better to register the transaction with a notary. The notary will check all documents and submit them for registration. Registration will take up to three working days.

A state fee is required for notarization.

Buying an apartment after inheritance: step-by-step instructions

The purchase and sale of inherited real estate consists of several stages:

1. Obtaining a certificate of inheritance and registering the seller's ownership.
2. Search for a buyer, discussion of the terms of the transaction.
3. Conclusion of the contract, receipt of the deposit.
4. Submission of documents for re-registration of ownership in Rosreestr, possibly through the MFC.
5. Receipt of the final set of documents. It will be issued after 7 working days if the application was submitted to Rosreestr, and after 9 working days if applied through the MFC.

If the DCT is certified by a notary, he independently submits documents for registration; no fee is charged for this (except for the state fee). The registration period is reduced to three working days.

Contents and sample agreement

The DCT of the inherited apartment must include information about the parties to the transaction and other items:

1. The document on the basis of which property rights are registered - a certificate of inheritance.
2. Date of registration of the seller's ownership.
3. Information about the property: address, area, number of rooms, cadastral number.
4. A reference to the fact that the transaction does not violate the rights of third parties, and if they make claims, the seller bears responsibility.
5. A guarantee that the property is not encumbered.
6. Responsibility, rights and obligations of the parties.
7. Cost, payment methods and procedure.
8. Date of preparation and signature of the parties to the transaction.

Sample contract

Documentation

For the transaction, the seller must prepare:

• certificate of inheritance;
• extract from the Unified State Register of Real Estate;
• registration certificate;
• certificate of absence of debts for housing and communal services;
• extract from the house register.

The buyer will only need a passport.

These documents are submitted to Rosreestr along with the DCP in three copies, except for an extract from the house register and a certificate from the housing and communal services.

Expenses

The buyer pays a state fee for re-registration of ownership - 2,000 rubles. If the contract is certified by a notary, and certification is required by law, a state duty is paid for this in the amount of 0.5% of the transaction amount, but not more than 20,000 and not less than 300 rubles.

Note: notarization is required if the property of a child or incapacitated person is sold, or a share in the right of ownership to a stranger who is not the owner of the other share.

If the parties turn to a notary at their own request, instead of a fee, a tariff is paid in accordance with Art. 22.1 “Fundamentals of legislation on notaries”:

How to safely complete a transaction

Be careful with sellers who sell an apartment much lower than the market value, are confused in answering questions, and do not inspire confidence. Before deciding to purchase this apartment, find out the following points:

1. Talk to your neighbors:

• find out who lived in the apartment;
• what was the reason for the sale.

1. Find out from the management company:

• who was registered;
• What kind of relationship did you have with the owner?

1. Ask the owner:

• passport;
• title documents;
• extended extract from the house register.

1. Study the documents.
2. Check the inheritance case in the Register on the website of the Federal Notary Chamber
3. Read the text of the will. Make sure that the document does not include a testamentary refusal.
4. Order an extended extract from the Unified State Register of Real Estate.

If controversial issues are resolved, prepare a purchase and sale agreement and formalize the transaction

Lawyer's answers to private questions

What is more risky for the buyer: buying an apartment received by the seller by law or by will?

In the first case, legal heirs may appear who missed the deadline for accepting the inheritance. In the second - people who are entitled to a mandatory share, and who also missed the deadline. The risks are approximately the same everywhere.

What are the risks when purchasing an inherited share of ownership?

The buyer risks only if the seller has not provided the pre-emptive right to purchase to the remaining share owners (Article 250 of the Civil Code of the Russian Federation). But then the notary will refuse to certify the DCT, and Rosreestr will not accept the agreement without his signature and seal.

How to prove to the acquirer that he is in good faith?

It all depends on the specific situation. The courts are examining whether the buyer could have found out about the right of third parties to the apartment, whether he knew about it. But in most cases, they are still recognized as bona fide, and compensation is paid by the heirs-sellers.

Do I need my wife's consent to sell real estate that I inherited during marriage?

No. According to Art. 35 of the RF IC, such real estate is considered the personal property of the heir-spouse. Notarial consent is required only for the disposal of a shared apartment.

Can a buyer protect himself from loss of ownership of an apartment inherited by the seller?

Yes, for this it is enough to issue a title insurance contract. Such insurance precisely protects against the risk of loss of property rights, and is usually issued for the statute of limitations for challenging the transaction. But if the risks are minimal, it is not always advisable to buy it.