Inheritance of a privatized apartment after the death of the owner

Features of privatized housing

In the matter of inheritance, the key role is played by the fact who exactly owns the property. The amount of inheritance that the relatives of the testator can claim depends on this.

Possible options

Privatized property is the personal property of a citizen. The allocation of the marital share is not provided for by law.

Deadlines

The general time period for accepting an inheritance is 6 months. For persons entering into legal succession due to the refusal of applicants in the previous queue, 3.

For a child born after the opening of the inheritance, an application is submitted by the legal representative within a 6-month period from the moment of his birth. Missed deadlines can be restored through legal proceedings or with the consent of those who have already accepted the inheritance.

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Inheritance of real estate after the death of a relative

In court, the case will be considered with the involvement of citizens who have entered into legal succession; the following circumstances are subject to proof:

1. The person did not know and did not have the opportunity to obtain information that the inheritance had been opened or that he had valid reasons for missing the time period established by legal norms. These include illness, long business trips, and so on.
2. An application for restoration of the temporary period for entering into legal succession should not be made later than 6 months from the moment the reasons for missing it no longer exist.

Ignorance of the legislation governing the time of entry into inheritance is not recognized by the court as a circumstance worthy of attention when making a decision on missing the statute of limitations.

Provided that a citizen who missed the time allotted for receiving an inheritance manages to obtain the written consent of other legal successors to include him in the circle of heirs, such a document obliges the notary to issue a certificate.

Is it necessary to enter into an inheritance if the apartment is privatized?

Acceptance of inheritance can occur in 3 ways:

1. Actually. As a rule, family members live in the same apartment. And it doesn’t matter whether it was purchased, inherited, or went to citizens as a result of privatization. If one of the family members dies, then the rest also continue to live in the apartment. Relatives do not always know that they need to visit a notary to accept an inheritance. They continue to live and use the common property. This method of accepting property is called actual inheritance. But they will not be able to fully dispose of part of the deceased citizen. Difficulties usually arise during the alienation of housing.
2. Notarized. In the event of the death of the owner of the apartment, relatives need to contact a notary and prove the fact of privatization by the testator. If there are supporting documents, the notary issues a corresponding certificate. On its basis, they will be able to register ownership of housing.
3. Judicial. If the notary refuses to provide the document, then applicants will have to go to court. The procedure will take significantly longer. After the court decision is made, the heirs will only have to register the ownership of the testator’s apartment with the relevant government agency - Rosreestr. To avoid judicial red tape, you must contact a notary in a timely manner and submit an application for acceptance of property.

Example. The couple lived in a municipal apartment, which the husband received. The housing was used under a social rental agreement. Later, the couple decided to privatize the apartment. The papers were drawn up for two. 3 years after privatization, the man died. His wife filed documents to accept the property. After receiving the certificate and registering ownership, the testator's wife became the sole owner of the home.

Sample application for acceptance of inheritance

Inheritance of a non-privatized apartment

Who will get a non-privatized apartment after the death of the owner? This issue is resolved through the court. To open an inheritance, the notary is presented with documentary evidence of ownership of the property. Failure to do so will result in refusal to perform notarial acts. If the apartment is not privatized, this means that the municipality is considered its owner after the death of the responsible tenant.

In order to inherit a non-privatized apartment, you will need to justify the following facts in court:

1. An application was received from the tenant about the desire to register ownership of the apartment with the relevant authority.
2. A package of documents for the procedure is presented.
3. Until the day of his death, the citizen did not withdraw the submitted appeal.

If all the above requirements are met, then the court, by its decision, will include the disputed area in the inheritance estate. This is the only way to inherit a non-privatized apartment. However, housing legislation provides another opportunity to become a property owner in such a situation. If the legal successor lived in the same premises as the deceased and was registered there, he has the right to contact the municipality with a request to conclude a social tenancy agreement, and subsequently an agreement for the gratuitous transfer of property.

Order and rules

The order of inheritance depends on the basis for accepting the inheritance:

1. In law . The property rights of a deceased citizen are transferred to his relatives. Children, parents and living spouse have priority rights. If there is no will or the 1st line heirs did not submit an application, then the property goes to the 2nd line relatives.
2. According to the will. The testator can change the composition of the heirs and the size of the shares of the inherited property. He is free to choose the recipient.

The procedure and rules for submitting papers to enter into an inheritance are the same for all heirs. Deadlines may vary slightly. Much depends on the line of relationship and the presence of legal disputes.

After the death of parents (father, mother)

In the event of the death of the mother and father, the property passes to:

1. Recipients under a will. If there is an expression of will, the apartment can be transferred to children, other citizens, a legal entity and even the state.
2. Recipients by law . If the parents did not draw up a will, or did not include the apartment in it, then the object is inherited by law. Primarily, rights to residential premises are vested in grandparents, children and dependents. The object is divided in equal shares between all heirs who submitted an application to the notary.

The primary right to receive an apartment is given to heirs who were part of the privatization participants (provided that he is included in the list of heirs).

After the death of a husband, spouse

If one of the spouses dies, the property goes to:

1. To heirs according to will. The spouse can assign his share to any individual or legal entity.
2. To legal successors. The first priority applicants are the spouse, children, dependents and parents of the deceased citizen. In the case of privatized housing, the concept of joint property of spouses is not used. If the husband or wife did not participate, then the apartment or privatized share is the property of one of the spouses. After the death of a spouse, the inheritance is divided in equal shares between close relatives.

As for common-law spouses, such persons do not inherit property from each other. However, if they have a common child, then he can claim the parents’ property as a first-degree relative.

After ex-spouse

How the ex-wife inherits:

1. According to the will. A citizen can assign a privatized apartment to his ex-wife. If the document is properly executed, certified by an authorized person, and the testator was legally capable, then the ex-wife can inherit.
2. As a dependent . If the ex-wife lived with the deceased ex-husband for more than 12 months, ran a joint household with him and was supported by him, she has the right to a share in the inheritance as a dependent. If a man paid her alimony because she is disabled, then to enter into an inheritance it is enough to present a court order for the collection of alimony. In other cases, it is advisable to obtain a court decision on recognition as a dependent.

According to the law, official spouses can inherit the property of a deceased person. The right to inheritance is confirmed by relevant documents (marriage certificate). Former spouses do not inherit property one after the other.

After grandmother's death

After the death of a grandmother, inheritance of a privatized apartment is carried out as follows:

1. Upon expression of will. After the death of a grandmother, a will decides a lot. If there is an administrative document, the beneficiary can be any person. However, the document can be challenged if the woman was old. When drawing up an order, it is advisable to provide the notary with certificates from a psychiatric and drug treatment clinic.
2. In law. If a will has not been drawn up, then the claimant to the property may be the husband, children and dependents (ward grandson or nephew). If the spouse is absent or died, then the children of the deceased woman are the heirs. In the event of the premature death of a son or daughter, the granddaughter of the testator accepts the inheritance.

Example. After the death of my grandmother, the house remained. The testator's son, grandson and granddaughter are called to inherit by right of representation of the deceased daughter. The property was divided between three applicants. The son inherited half of the house, the grandchildren ¼ of each.

1. Dependents. If at the time of opening the inheritance disabled dependents are identified, then they are entitled to an obligatory share in the property. A disabled mother-in-law living with her grandmother, ward grandchildren and nephews under the age of 18 can act in this capacity. If the grandmother remarried, then the disabled spouse also becomes the owner of the right to a compulsory share.

What happens to an apartment when the owner dies

Section V of the Tax Code of the Russian Federation is devoted to issues of inheritance of property after the death of the owner. Russian inheritance law provides for two orders of inheritance:

1. In law.
2. According to the will.

The primary one is inheritance by will. This is recognized as a unilateral transaction by which the owner determines legal relations after his death. In simple terms, it establishes who will own his property, such as an apartment, in such a situation. Only an individual can be a testator, i.e. the owner, after the death of whom his property passes to other persons. And the heirs can be:

• individuals;
• legal entities;
• state, municipalities;
• public organizations.

For a will to be valid, the testator must meet a number of parameters:

1. He must reach adulthood.
2. Be a fully capable person.

Plus, the terms of the will should not conflict with current Russian legislation. If they are discovered, the document can be challenged in court. For example, if the document does not take into account the interests of persons who are required to receive their share of the inheritance by law. These include minor children of the testator and adults if they are dependent on the testator due to disability, etc.

If there is a suspicion that the will was drawn up by the testator in a state where he could not fully account for his actions, for example, due to a serious illness that affects mental abilities, it can also be challenged in court.

In the absence of a will in relation to a property, inheritance is carried out according to law. The Civil Code of the Russian Federation establishes the order in which potential heirs have the right to claim the property of the deceased owner.

Inheritance of property is a right, not an obligation, unless we are talking about escheated property, which, in the absence of direct heirs, passes to the state or municipalities.

The Civil Code of the Russian Federation establishes categories of heirs who may be considered unworthy and excluded from participation in receiving an inheritance:

1. Parents deprived of parental rights when it comes to inheriting the property of their children.
2. Parents recognized as malicious evaders from the responsibility for maintaining their children when it comes to inheriting the property of these children.
3. Persons who have committed unlawful acts against the testator and other heirs in order to increase their share of the inheritance.

The order of inheritance of real estate

Is an apartment inherited if there is a deed of gift?

The owner of real estate can sell it or donate it during his lifetime. The consent of the heirs is not required for the alienation of property. The transfer of ownership occurs after signing the relevant agreement and registering the right.

You can only inherit property that belongs to a citizen on the day of his death. If a privatized apartment was transferred under a gift agreement during a person’s lifetime, then it is not subject to inheritance.

However, if the agreement was drawn up, but was not registered with Rosreestr at the time of the death of the owner, then it becomes invalid. Such property is inherited.

Last expression of will

While still alive, a person has the right to dispose of his property in the event of his death. This can be done by making a will. According to Article 1118 of the Civil Code of the Russian Federation, the following requirements for the execution and preparation of a document apply:

• An individual who has full legal capacity at the time of application has the right to leave an order (is not registered at a drug dispensary, is not an alcohol addict, his legal capacity is not limited by a court decision);
• recorded personally, not through a representative;
• cannot be collective. It is a paper representing the will of one person;
• refers to a unilateral transaction. All legal relations arise after the death of the testator.

Freedom of will applies. This means that the owner has the right to bequeath anything to whomever he wishes, to protect unwanted persons from succession, without defining shares or with a clear delineation of them, to divide privatized real estate between close relatives or even strangers.

Thus, a will allows you to determine who gets the property after the deceased, what share in the apartment will belong to the heir. That is, the owner, at his own discretion, determines the future fate of the property, thereby expressing his will and wishes.

Preemptive right to indivisible assets

Holders of the priority right to claim a share in a privatized apartment:

1. The heirs are participants in privatization . If several people owned a privatized property, then the co-owners have priority over other relatives. When dividing an inheritance, a co-owner can claim the share of the deceased person.
2. Heirs are users of residential premises. If the co-owners are not heirs, then the priority right to indivisible assets passes to relatives who lived with the deceased citizen and used his housing.

If they are absent, then the property or its share passes to the relatives of the testator. The inheritance is divided equally between the participants.

Example. After the death of a person, a 1-room apartment remained. At the time of death, the testator was married, but did not live with his wife. Another heir was his son. Only the deceased man participated in the privatization of the apartment. The heirs did not have a preemptive right to indivisible property. Everyone will get ½ of the housing.

Features of share inheritance:

If the share in common joint property

The procedure for inheriting jointly acquired property differs from the standard procedure. Much depends on the nature of the property rights to the share. If it was received in marriage, the widower/widow will be able to register 1/2 of the share + part of the share due to the spouse of the deceased as the primary heir.

It happens that a privatized apartment is registered as joint ownership (not necessarily of spouses). The heirs can agree on a change in the legal regime - in this case, joint property will become shared property.

The relatives of the deceased will receive an ideal share, expressed as a percentage or in the form of a separate room - living space. In the future, the heir will be able to dispose of the share at his own discretion: sell, donate, exchange, pledge, bequeath...

If a stranger is registered in the apartment

If a stranger is registered in an inherited apartment, he can be deprived of his housing rights by filing a claim for eviction and deregistration.

However, if the specified person belongs to the category of citizens who had equal rights with the owner of the apartment and voluntarily refused privatization, then they retain a lifelong right to use housing . This position is adhered to by the Supreme Court (Determination of the Supreme Court of the Russian Federation dated 02/04/2014 No. 46-KG13-6).

It will not be possible to discharge a refusenik even after registration of ownership of the property. But, if a citizen does not live in an apartment for a long time, then he loses the right to use the property.

The same applies to residential tenants - until the lease agreement comes to an end, the tenants cannot be evicted. Read about in what cases and how to evict tenants from a rental apartment?

If there are no contenders for a share

It happens that there are no heirs to the property.

This happens in the following situations:

• refusal of inheritance by applicants - by law and by will;
• deliberate disregard for accepting the inheritance within the period established by law;
• missing the 6-month deadline;
• recognition of heirs as unworthy;
• lack of claimants for property.

If no one has accepted a share in the privatized apartment, it will go to the state as escheat property. The primary heir is the municipality in charge of the house. Most likely, the share will be offered to other co-owners of the apartment, and if they refuse to buy it, the inherited part of the housing will go at auction.

Section order

If the owner of privatized housing is 1 person, then it goes to the legal successors in full.

The procedure for dividing a privatized apartment:

1. If there is an expression of will indicating the shares . The legal successors receive the share specified in the administrative document.
2. If there is a general will. Each heir receives an equal share.
3. Mandatory share for a dependent. If the testator has not taken into account the interests of socially vulnerable relatives, then they can claim ½ share of the property entitled by law.
4. When inheriting by law. The apartment is divided equally between all heirs and dependents.
5. If there is a co-owner - not an heir. After the death of one of the owners, part of the property of the deceased citizen is inherited by his legal successors. The second half of the property remains at the disposal of the co-owner.

Example. Two people took part in the privatization - a husband and a wife. Each person owns ½ of a 2-room apartment. A year after the paperwork was completed, the couple divorced. Everyone lived in a separate room. After another 2 years, the woman died. The former spouses had no children together. The only heir of the deceased woman was her mother. The man was not entitled to inheritance. The heiress submitted the documents to the notary and took ownership.

Apparently, the inheritance went to one of the parents of the deceased woman. If she were married, then, most likely, the property would remain entirely with her husband.

The order of inheritance also changes if there are joint children. Especially if they are minors. The legal representatives of such heirs are their parents, regardless of whether they were married.

Legal inheritance

According to the Civil Code of the Russian Federation, there are eight hereditary orders. Taking them into account, the principle of succession of each subsequent round of the queue occurs only if there are no applicants from the previous one or they refused the inheritance or were found to be dishonest. According to the transfer of part of the apartment without a will, the property will be distributed among the successors in equal shares.

The order will depend on the degree of closeness of family relationships. The first circle of succession includes the spouse, children and parents of the testator. However, for the other half of the deceased to be included in this category, their marriage must be registered and valid until the death of the testator. Otherwise, the former spouse will not be included in the first circle of inheritance, since the division of property has already occurred during the divorce process.

Next in line will be grandparents and sisters/brothers. The further queue is formed according to the degree of remoteness of family ties. The seventh level of priority is occupied by citizens who are not related by blood to the testator.

Expert commentary

Kolesnikova Anna

Lawyer

Legal inheritance of part of residential property is carried out according to general rules, that is, in equal shares.

How to inherit a privatized apartment according to the law without a will

The heirs by law must prove the existence of a family connection with the deceased. To do this, you need to prepare the following documents:

• about birth;
• about marriage;
• about changing your surname and first name.

If the documentation is missing, you must obtain a duplicate. If the civil registry office refuses to issue a second certificate, the heir must go to court to prove the existence of family ties.

Inheritance occurs in the order of priority established by law:

1st stage – children, parents, spouses;

2nd stage – brothers, sisters, grandparents;

3rd line – uncles and aunts.

If there are no applicants of the 1st degree or refuse the inheritance, then it goes to the heirs of the next line.

The law establishes the order up to the 7th order inclusive. In the absence of relatives, dependents - strangers - take over the property. This could be a common-law spouse or ward.

Order, procedure

The heir needs to do the following:

1. Collect the necessary documents.
2. Contact a notary at the place of registration of the deceased person.
3. Submit an application for inheritance.
4. Order a property assessment.
5. Visit the notary again.
6. Pay the fee.
7. Receive papers for the property.
8. Register ownership.

Required documents

The final list of papers depends on the type of inherited property. At a minimum, heirs should have with them:

• identification;
• a document confirming the death of the testator;
• papers confirming relationship with the deceased citizen;
• a document showing the place of registration of the deceased person;
• a certificate confirming that the testator has no debts;
• title papers for property;
• tax payment receipt;
• power of attorney if the papers are submitted by a representative.

When you visit the notary's office again, you will need to have a report on the value of the inheritance with you. The property appraisal usually takes from 3 to 7 days. The duration of the procedure depends on the institution to which the application is submitted and the urgency of the order. Based on the results of the assessment, the applicant is issued a corresponding report.

After receiving the certificate, you will need to register your rights. The package of papers for registration structures is re-formed.

Expenses

When registering an inheritance, you must pay a state fee. Its size is determined by the Tax Code. The amount of the fee is calculated based on the value of the inheritance and the degree of relationship with the deceased person. When submitting an application for the first time, you need to pay 100 rubles.

Additional costs are associated with paperwork. 3,000 rubles to evaluate a property . Next, based on the report, the amount of the fee is calculated, which is withheld when issuing the certificate.

Fixed fee rate:

1. 0,3%close relatives of the deceased person pay. These include one of the spouses, children and parents of the testator. The limit amount of the fee, which is withheld from the heirs, is set at 100,000 rubles.
2. 0,6%all other heirs pay, regardless of the method of acquiring rights. The limit amount of state duty is set at RUR 1,000,000.

Notary services are paid at the end. Much depends on the region in which the paperwork takes place. The payment for issuing a certificate of inheritance rights in relation to real estate is paid by each heir who becomes the owner of the property.

The tariff can be clarified on the website of the Federal Notary Chamber. To do this, you need to select the region of registration in the search bar. For example, in the Amur region, the payment for a certificate of inheritance rights in relation to an apartment will be 3,400 rubles.

If a notary travels outside his office, the rate increases 1.5 times (Article 333.25 of the Tax Code of the Russian Federation).

If the applicant is entitled to a benefit, then he needs to prepare supporting documents (for example, a disability certificate). However, the benefits apply exclusively to state fees.

When registering ownership, the applicant must pay tax. Registration of rights to a privatized apartment will cost the heir 2,000 rubles. For part of an apartment in an apartment building you need to pay 200 rubles.

State duty on inheritance

According to the previous legislation, upon entering into the rights of inheritance of a privatized apartment, the legal successors paid a tax. Currently, payment of a state fee is required instead. Its size depends on the presence of family relationships. Thus, for heirs of the first and second stages, the amount of the mandatory fee will be 0.3% of the value of the real estate that went to the successor, but not more than 100,000 rubles.

For all others, this amount is equal to 0.6% of the price of the property, but not more than 1,000,000 rubles.

How to inherit a privatized apartment under a will

Having a will gives a certain advantage to a person. In fact, it excludes some persons from inheritance and calls for others to inherit.

The rule does not apply only to persons who are entitled to a mandatory share. If necessary, a will is drawn up for part of the property.

How is a privatized apartment inherited after the death of the owner if there is other property? The property is taken over by the person named in the will. Assets not specified in the administrative document are inherited in accordance with the general procedure.

The procedure for submitting and processing documents is the same as when inheriting property by law. The original will is attached as an additional document.

Inheritance of part of the property

How is the share owned by the deceased inherited? The procedure for inheriting a part of the property is the same as for the property as a whole.

Who will get the testator's share if there are several heirs? Part of the inherited property is distributed equally among the applicants. The main problem is the practical use of the inheritance.

Example. After the death of citizen G., 1/3 of the privatized apartment remained. He had no 1st line heirs. The remaining 2/3 of the property belonged to the testator's ex-wife and her daughter. The deceased man had two brothers. They filed an application to accept the inheritance. Each received 1/6 of a 1-room apartment. When trying to get into the apartment, the woman did not open the door and called the police. It was explained to her that co-owners have the same rights as her. However, the woman refused to let strangers into the apartment. The police suggested that the heirs go to court. Realizing that a protracted trial was ahead, the heirs offered the woman to buy out their shares. She agreed. Later, the testator’s ex-wife took out a loan and bought out their shares from the heirs.

If registered or not registered: nuances

Registration (registration at the place of residence) does not determine the ownership of property. Therefore, if the deceased person was not the owner of privatized housing, then his relatives cannot inherit the property.

However, the law has the following exceptions:

• if the employer collected papers for registration of privatization;
• if the tenant submitted an application for privatization of the apartment during his lifetime,
• if a citizen has formalized privatization, but did not have time to re-register ownership in Rosreestr.

In such cases, the heirs may demand that the specified housing be included in the inheritance estate in court. They can later complete the privatization procedure (clause 8 of the Resolution of the Plenum of the Supreme Council of August 24, 1993 No. 8).

If a third party is registered in the apartment, then he can be removed from the registration register in court. The rule also applies to former relatives, for example, a spouse.

However, if the subject lives in an apartment under a lease agreement, then he retains the right of use until the end of the agreement (Article 31 of the Housing Code of the Russian Federation).

If a citizen refuses to leave the premises, then he can be evicted by a court decision (Article 35 of the Housing Code of the Russian Federation).

It is also impossible to write out a person who is a former relative of the owner of privatized housing if at the time of privatization of the apartment he had the same rights to the property as the owner (Article 19 of the Federal Law of December 29, 2004 No. 189-FZ). In essence, we are talking about an entity that voluntarily refused to participate in privatization. This legal position is set out in the Supreme Court Decision dated 02/04/2014 No. 46-KG13-6.

If an heir is registered in the apartment, then he has an advantage over other applicants for the property of the deceased citizen (Article 1168 of the Civil Code of the Russian Federation).

Date of entry into rights

Applicants must apply for inheritance within 6 months from the date of death of the person. Missing deadlines leads to loss of advantage over other persons or property rights.

Deadlines for acquiring property rights:

1. The heir under the will has priority. The administrative document actually removes other heirs from the property. But, if the heir does not submit an application to the notary in a timely manner, he will lose his advantage. The property will go to the relatives of the deceased citizen (children, parents, spouse).
2. If we talk about inheriting housing by law , then the relatives of the testator also need to submit documents on time. Otherwise, the assets will go to the relatives of the next line. If any of the relatives does not accept the inheritance, the new applicant for the property is given only 3 months .
3. The absence of applicants serves as the basis for recognizing the property as escheat. Consequently, it is adopted by the state represented by local governments.
4. If there is a court decision to restore the term , the heirs can visit the notary and enter into property rights. The deadline for submitting papers is 6 months. The countdown of time begins from the moment such right arises.
5. As for the timing of registration of property rights , they depend on the institution to which the papers are submitted. You can register real estate in Rosreestr or through the MFC. The registration procedure will take from 3 to 5 days (Article 16 of the Federal Law of July 13, 2015 No. 218-FZ).

Shifting the deadline for accepting property is provided in exceptional cases. Among them :

1. Inheritance within the framework of transmission (Article 1156 of the Civil Code of the Russian Federation). If the main heir died after the opening of the inheritance case, then his successors take the property in his place. If more than 3 months , then another 3 months .
2. Recognition of a citizen as an unworthy heir . If a relative committed illegal actions against a deceased person, then at the request of interested parties he can be excluded from accepting his assets. If a notary receives a document about the consideration of a controversial issue in court, then he issues a decision to suspend the inheritance case until the court’s decision.

Example. The plaintiff filed an application to declare the heir unworthy. He also asked the court to exclude the testator's wife from inheritance. The requirements were justified by the fact that after marriage to the testator, the woman did not help him with housekeeping or provide financial assistance. Whereas the plaintiff’s father had reached retirement age, which meant he was declared incapable of work. In addition, soon after the marriage was registered, the defendant moved to live in another city. And she never returned to the testator. The deceased citizen and the defendant had no children together. The man returned to his first wife, who looked after him until the end of his life. In recent years the testator has been very ill. His treatment was paid for by the testator's ex-wife and son. The funeral was also conducted by these persons. The testimony of the witnesses coincided with the claims. The court granted the claim (Decision of the Central District Court of Sochi dated May 13, 2011, case No. 2-1611).

If there are no heirs, who will get the apartment?

If there are no heirs, then the apartment is recognized as escheatable property. The beneficiary of such property is the state .

Registration of inheritance occurs in the general manner. If the heir missed the deadline for filing documents and the property went to the state, he will need to go to court.

If the court satisfies the stated requirements and restores the deadlines for accepting the property, then the previously issued certificate of inheritance is canceled (clause 41 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated May 29, 2012 No. 9).

How are shares divided between heirs?

A special place is occupied by the division of inherited property.

Co-owners can:

1. Draw up an agreement on the division of inheritance.
2. Divide shares in court:

• allocate shares in kind - in the form of a separate room (if possible);
• to seize the due property from other claimants;
• restore the deadlines for accepting an inheritance - in the event of the heirs’ refusal to meet the late applicant halfway;
• recognize the heir as unworthy;
• contest the will.

Typically, a dispute about shared inheritance of an apartment arises if the parties cannot reach an agreement or difficulties arise in using the inherited object.

Example:

Citizen G. appealed to the court with a request to allocate her part of the property in kind. She also asked to terminate the right of common ownership of the apartment. The woman motivated her demands by the fact that she and the defendant are co-owners of the residential premises. The plaintiff explained that she owns most of the building. The living space consists of two isolated rooms and has separate entrances - the rooms do not communicate with each other. Each co-owner uses his own part of the building, so the allocation of part of the property does not infringe on the interests of the other owner. However, the parties cannot reach an agreement among themselves due to personal hostility. The court satisfied the stated requirements. At the same time, the shares were recalculated. The court terminated the right of common shared ownership and determined the size of the share of property for each owner. At the same time, the court recovered from the plaintiff in favor of the defendant monetary compensation for a slight reduction in his share.

(Absentee decision of the district court of the Krasnoyarsk Territory dated July 6, 2011, case No. 2-150/2011).

Expert opinion

Noskov Georgy

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

What if it is impossible to divide the share? The preemptive right to an indivisible thing belongs to the heir who lived with the deceased citizen before his death (Clause 1 of Article 1168 of the Civil Code of the Russian Federation). However, here you need to pay attention to the separation of concepts.

There are two types of heirs:

1. Some are co-owners of inherited housing.
2. Others simply lived in the apartment.

Priority is given to co-owners - they can claim property that partially belonged to them during the life of the testator, regardless of whether the legal heirs lived in it or not (clause 52 of the Resolution of the Plenum of the Supreme Court No. 9 of May 29, 2012).

As for citizens who lived in an apartment together with a deceased person, they have an advantage over all heirs, except for co-owners. The only caveat is that they should not have other housing. This refers to living space that the heir uses by right of ownership or under a social tenancy agreement.

As you can see, the legislator somewhat infringes on the rights of heirs who have lived their entire lives with the testator. Such persons may remain on the street immediately after the heir, who is a co-owner of the property, assumes his rights. The exception is the absence of the right of inheritance.

For example, if the co-owner is not a relative of the deceased citizen, the former spouse of the testator. As soon as the heirs enter into their rights, they can enter into an agreement - defining the mode of use of the common property (for example, opening free access to the corridor, pantry, balcony).

The concept of shared ownership

An apartment can belong to several people (Article 244 of the Civil Code of the Russian Federation), each of whom will own a certain part of it. If the share of each of the co-owners of the apartment is not determined, they are considered to have equal shares of the property.

The share of the living space cannot be rented out by the owner or occupied by people who are not members of his family; the sale of such property is possible subject to the pre-emptive right of purchase by the co-owner of the property.

How can the owner of an apartment share dispose of his property? He can live in the premises, move his family members into the apartment, draw up a deed of gift for part of the property or bequeath it, and this does not require notification or consent of other owners of the living space.