Division of a municipal apartment during divorce

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The following should be noted right away: the division of a municipal apartment, in the classical sense, is impossible. It is impossible to divide what belongs to the municipality and not to the persons living in the apartment. But there are ways out of the situation.

They are:

• privatization of housing;
• exchange of municipal housing.

Before implementing any of the above options, you need to think carefully and weigh everything. The main thing is to understand: how to make the division beneficial to everyone, so that everyone agrees to it.

Peculiarities of making a transaction with non-privatized apartments

A residential premises exchange agreement is an agreement between two or more tenants of residential premises and family members living with them, including those temporarily absent, on the mutual transfer of residential premises for use, with the transfer of the corresponding rights and obligations arising from the residential premises rental agreement.

Approximate list of documents that must be submitted by the exchanging parties

:

• application for the exchange of residential premises in the prescribed form;
• for departmental residential space - permission to exchange;
• rental agreement;
• extract from the FLS;
• extract from the house register of family members;
• floor plan of the apartment;
• certificate of sanitary and technical condition of the premises;
• consent of the guardianship and trusteeship authority (if minors live).

Please note that the legislation establishes a list of conditions under which the exchange of residential premises is not allowed

.

• If the tenant is sued for termination or modification of the rental agreement for residential premises.
• If the exchange is mercenary or fictitious in nature, if a claim is filed in court to declare the exchange invalid on these grounds.
• If the house is in danger of collapse, it must be demolished or converted for use for other purposes.
• If the house is subject to major repairs with reconstruction, redevelopment of residential premises.
• If the premises are official or located in a dormitory.
• If, in connection with the exchange, the living conditions of one of the parties deteriorate significantly, as a result of which citizens become in need of improved housing conditions (Article 73 of the Housing Code of the Russian Federation).

On June 16, 2010, the Moscow City Court finally prohibited the exchange of non-privatized apartments for owned premises. Although, initially this ban appeared in the Housing Code of March 1, 2005.

Exchange of municipal housing

If the question is how to divide a municipal apartment into two families, then it is best to implement an apartment exchange. This is not so easy to do, but it is possible.

What is needed for this:

• Obtain the consent of all persons living in the apartment for the exchange. If among these persons there are disabled people, children, etc., then you need to enlist the support of the guardianship authorities.
• Select an option for exchange. Perhaps the most difficult stage. You need to find municipal housing that you would be willing to exchange for your existing apartment. Moreover, this housing must meet the needs of family members of the tenant working on the implementation of the exchange.
• Authorize exchanges with municipal authorities dealing with issues related to public housing.

Next is a matter of technology. New social employment contracts are being concluded. Persons who received new apartments and did not take part in privatization have the right to privatize housing. So far, the privatization program has not been curtailed.

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To implement the plan, you may need the following documents:

• passports of adult residents;
• birth certificates of minors;
• social rental agreement;
• consent of the guardianship authorities to the exchange;
• certificates of disability, etc.

After the exchange is completed, each of the families can think about privatizing their existing housing. Property rights are better than tenant rights.

How to exchange a municipal apartment

Where to start to exchange a municipal apartment

Of course, you need to start by finding out whether it is even possible to exchange your municipal apartment. The fact is that apartments located in buildings recognized as unsafe, in a building for demolition, in a special fund or in a dormitory are not subject to exchange at all. It will not be possible to exchange the apartment even if it is seized for some reason. Difficulties will arise if minor children or disabled people are registered in the apartment - to exchange such an apartment, the consent of the guardianship and trusteeship authorities will be required, which strictly ensure that as a result of any transactions in the real estate market the rights of a child or an incapacitated citizen are not infringed, and their housing conditions are not worsened. conditions.

If everything is in order with the above factors, then you need to start repairs - at least cosmetic ones. This will significantly increase your chances of completing the exchange. And then you can begin to select suitable options.

This will also be a rather difficult stage, since there are practically no advertisements for the exchange of municipal apartments. Therefore, it is recommended that you start placing relevant advertisements in all resources available to you. Describe your apartment in detail, indicate its area, floor, type of building. And be sure to indicate that the apartment is municipal. In the second part of the announcement, indicate your wishes or requirements for the exchange option. To select possible options, you can also contact realtors specializing in such transactions; by the way, exchange offices still exist in almost every major city.

How to exchange a municipal apartment - a detailed algorithm

If you have selected a suitable exchange option and received consent to carry out such a transaction, then you need to go to a notary and draw up an exchange agreement. Each party to such a transaction receives its own copy, which it transfers to its landlord - those municipal authorities that own the apartment where you live under a social tenancy agreement. The landlord must give you his informed decision within 10 days whether he approves of such an exchange or not. Keep in mind that in some cases, the municipality may not agree to the exchange. In addition to those that we talked about at the very beginning, the landlord can prohibit the exchange, for example, if as a result of it a citizen suffering from a serious contagious disease may move into a communal apartment. For example, tuberculosis. A complete list of such diseases is given in Article 51 of the Housing Code of the Russian Federation. If there are no obstacles and the landlord agrees on the exchange, the parties must enter into new social tenancy agreements and can start moving.

Is it possible to exchange a municipal apartment for one that is owned?

There are no obstacles under Russian legislation to completing such a transaction. You can exchange your municipal apartment for privatized housing or for privately owned housing, not only for an apartment, but also for a house located outside the city. Another thing is that the owners of apartments or houses themselves rarely agree to make such exchanges, especially those who have already used their right to privatize. This is understandable; who would want to give up what belongs to you? However, such options are also possible, especially since practice shows that some, especially older people, for various reasons, prefer to live in municipal rather than privatized housing. There were even cases when people turned to the administration with a request to deprivatize their housing. So, if both parties agree, such a deal is quite possible.

Exchange of a privatized apartment for a privatized one

1. Proving ownership (deed of gift, privatization certificate, purchase and sale agreement, exchange, etc.).
2. Certificate of registration of ownership.
3. Cadastral number.
4. Certificate of appraised value.
5. A copy of the personal account.
6. Extract from the house register.
7. Passports of the parties to the transaction.
8. Certificate of registration.
9. Certificate of marriage or divorce.

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The modern procedure for exchanging real estate today comes down to selling an apartment with the simultaneous acquisition of an alternative option. Citizens have the opportunity to choose an apartment within the budget (the cost of their housing and cash savings).

1C: Accounting 8 PROF

Ekaterina Kondrashova is absolutely right - she can demand it - but exchanging it is out of the realm of fantasy. Even when everyone living agrees and is ready to give up meters, people have been looking for an acceptable option for years. So privatize the apartment and sell the share. I can give an example - I was recently in an apartment - ex-husband and wife - both registered - both tenants - live with their new spouses (not registered) - and a total of 5 children from different marriages - apartment three rubles 86 m - furnishings - hell - 3 years They are looking for an exchange for 2 one-room apartments - they cannot find it.

Pay half of the cost of an apartment or utility bills? Grandmother is obliged to pay utility bills, but the cost of the apartment is not. The apartment is municipal and if the grandmother is registered in this apartment, she has equal rights with her ex-husband. no one can sign out and evict the grandmother

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Exchange of a municipal apartment for a municipal one

In this article, experts from the RealtyPress.ru portal discuss various methods of apartment exchange, and also provide a list of documents that need to be prepared for the upcoming operation. Goals and means There are a number of reasons that encourage citizens to change their usual place of residence, to exchange their own housing; accordingly, there is not one, but several ways of exchanging real estate, each of which has its own advantages, as well as its own disadvantages: Most often, the need to exchange housing arises if the owner wishes to improve living conditions.

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Property passed on by inheritance must belong to the testator. But the municipal apartment is not his property, it belongs to the municipality. The testator has the right to own and use the apartment, but he does not have the right to dispose of it, since he is only a tenant. In the event of death, property can be disposed of by drawing up a will.

Exchange of owned housing

The exchange of owned housing is formalized by an “exchange agreement” and, in fact, is not much different from a purchase/sale agreement. In practice, an exchange agreement combines two purchase/sale agreements. You often see on the Internet that experts are asked how best to complete a transaction: through barter or buy/sell?

• identification data of the parties to the transaction, while usually (unlike a purchase and sale agreement) the parties are indicated not as “seller” and “buyer”, but as “party A” and “party B” (if there are several co-owners of the property, then each of them is indicated them);
• information about the objects of the transaction, including information about documents confirming ownership rights, as well as information about the cadastral value of the objects;
• the contractual value of the objects, which the parties determine themselves, but from 2020 it should not be less than 70% of the cadastral value;
• the amount of additional payment by one of the parties if the transaction is not equivalent;
• the procedure for mutual settlements and actual transfer of objects.

There is an opinion that with the help of an exchange agreement you can avoid paying tax or somehow minimize it. It's a delusion. When implementing an exchange agreement, the same rules and rates apply as when buying/selling. An attempt to avoid paying tax in the event of an unequal exchange by recognizing the contract prices as equal and the absence of additional payment could previously work, but now it is doomed to failure.

The registration authorities will most likely suspend such a transaction, and if registration does take place, then troubles can be expected from the tax authorities. The only way to slightly reduce the tax is to modestly reduce the contract value in the amount of no more than 30% of the cadastral value. But today, in 2020, the cadastral value in most cases already significantly exceeds the real market value.

The exchange agreement is not subject to mandatory notarization. But if the parties wish, they can do this, which will cost approximately 0.15-0.3% of the cost of the more expensive object of the transaction.

Another important point concerns the exchange of shares in the apartment. Here, too, the same laws and rules apply as for the purchase/sale of shares - initially the share must be offered on the same terms for redemption to the co-owners of the apartment. And this must be done not in words, but in official form (letter or telegram). If they refuse, then one month from the date they receive notification of the conditions for the redemption of the share, they can exchange the share with another person.

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The risks in transactions under barter agreements are similar to the risks in purchase and sale transactions. The contract must be properly executed, ideally registered and documented. The reasons for terminating an exchange agreement or declaring it invalid are the same as for a purchase/sale agreement.